September 30, 2020 – Federal Register Recent Federal Regulation Documents
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Microbial and Disinfection Byproducts Rules: Public Meeting To Inform Potential Rule Revisions
The Safe Drinking Water Act (SDWA) requires the U.S. Environmental Protection Agency (EPA) to review each national primary drinking water regulation (NPDWR) at least once every six years. As part of the ``Six-Year Review'', EPA evaluates any newly available data, information, and technologies to determine if any regulatory revisions are needed. During the Agency's third Six-Year Review (Six- Year Review 3) eight NPDWRs were identified as candidates for potential regulatory revision. EPA is hosting a public meeting on October 14 and 15, 2020, to seek public input on the Agency's potential regulatory revisions of these eight NDPWRs including: Chlorite, Cryptosporidium, Haloacetic acids, Heterotrophic bacteria, Giardia lamblia, Legionella, Total Trihalomethanes, and Viruses. The eight NPDWRs are included in the following Microbial and Disinfection Byproduct (MDBP) rules: Stage 1 and Stage 2 Disinfectants and Disinfection Byproducts Rules, Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, and Long Term 1 Enhanced Surface Water Treatment Rule. At this meeting, EPA is seeking public input on information and perspectives related to the potential regulatory revisions. EPA will consider the data and/or information discussed at this meeting, as well as at future stakeholder engagements, in its determination on whether a rulemaking to revise any MDBP regulations should be initiated. For more information on the meeting visit the EPA's Revisions of the MDBP Rules website: www.epa.gov/dwsixyearreview/revisions-microbial-and-disinfect ion- byproducts-rules and go to the SUPPLEMENTARY INFORMATION section of this document.
Instructions for Completing NRC's Uniform Low-Level Radioactive Waste Manifest
The U.S. Nuclear Regulatory Commission (NRC) published NUREG/ BR-0204, Revision 3, ``Instructions for Completing NRC's Uniform Low- Level Radioactive Waste Manifest,'' in June 2020. This document provides instructions to prepare NRC Form 540 (Uniform Low-Level Radioactive Waste Manifest (Shipping Paper)), NRC Form 541 (Uniform Low-Level Radioactive Waste Manifest (Container and Waste Description)), and NRC Form 542 (Uniform Low-Level Radioactive Waste Manifest (Manifest Index and Regional Compact Tabulation)). Use of NUREG/BR-0204, Revision 3 has been delayed. Until further notice, licensees should continue to use NUREG/BR-0204, Revision 2 and the versions of NRC Forms 540, 541 and 542 that were renewed in January 2020, or equivalent, as defined in NRC's regulations.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the September subquota time period until the General category reopens on October 1, 2020. The intent of this closure is to prevent overharvest of the adjusted General category BFT September subquota of 195.6 metric tons (mt).
Special Local Regulations; Swim Around Charleston, Charleston, SC
The Coast Guard will enforce a special local regulation for the Swim Around Charleston on October 11, 2020, from 8:30 a.m. until 4 p.m., to provide for the safety of life on navigable waterways during this event. The Coast Guard will enforce a temporary moving safety zone during the Swim Around Charleston, a swimming race occurring on the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, South Carolina. The temporary moving safety zone is necessary to protect swimmers, participant vessels, spectators, and the general public during the event. Persons and vessels would be prohibited from entering the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.
Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008
On April 6, 2009, the Drug Enforcement Administration published the interim final rule titled ``Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008,'' which amended DEA's regulations by adding several new provisions to prevent the illegal distribution and dispensing of controlled substances by means of the internet. This action adopts the interim final rule as a final rule without change, apart from a minor technical amendment and certain changes to DEA regulations already made by intervening rules. This action also reinstates amendments that were inadvertently removed by the Controlled Substances and List I Chemical Registration and Reregistration Fees final rule published on March 15, 2012.
Energy Conservation Program: Definition of Showerhead
The U.S. Department of Energy (``DOE'') is extending the public comment period for the notice of proposed rulemaking (``NOPR'') regarding proposals to amend the regulatory definition of the statutory term ``showerhead.'' DOE published the NOPR in the Federal Register on August 13, 2020, establishing a 32-day public comment period ending September 14, 2020. Subsequently, DOE published a notification of public meeting (webinar) and extension of comment period on August 31, 2020, extending the comment period until September 30, 2020. On September 15, 2020, DOE received a comment requesting further extension of the comment period to a total of 90 to 120 days. DOE is extending the public comment period for submitting comments and data on the NOPR document by an additional 14 days, to October 14, 2020 for a total of a 62 day comment period.
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (August 2020)
This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Automatic Enrollment Program; Correction
The Federal Retirement Thrift Investment Board (``FRTIB'') published a final rule in the Federal Register on September 16, 2020 concerning changes to the automatic enrollment percentage and a clarification regarding installment payments calculated based on life expectancy. This document contained effective dates for the changes but not for the rule itself.
Anchorage Regulations; Multiple Anchorages on the Mississippi River From MM 12 AHP to MM 85 AHP
We are requesting your comments regarding potential changes to multiple anchorages along the Mississippi River from mile marker (MM) 12 ahead of passes (AHP), to MM 85 AHP. Pilot associations have requested the Coast Guard to consider these potential changes because they believe there are currently not enough anchorage grounds along the river system to facilitate the safe anchorage of shallow and deep draft vessels. In this document we identify anchorage grounds locations that we have been requested to establish, expand or revise. We seek your comments on whether we should consider modifying our anchorage grounds regulations covering MM 12 AHP to MM 85 AHP, and if so, how.
Safety Zone; Neponset River, Boston/Milton, MA
The Coast Guard is establishing a temporary safety zone for navigable waters within a 100-yard radius of Granite Avenue Bridge over the Neponset River; construction vessels and machinery will restrict the center span of the bascule bridge preventing openings to conduct structural steel repairs. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by repair work on the bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Boston.
Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for the 2015 Ozone NAAQS
The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from Wisconsin regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2015 Ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.
Deletions From the National Priorities List
The Environmental Protection Agency (EPA) announces the deletion of eight sites and the partial deletion of nine sites from the Superfund National Priorities List (NPL). The NPL, created under 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 states, through their designated state agencies, have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring, and five-year reviews, where applicable, have been completed. However, this deletion does not preclude future actions under Superfund.
Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
This proposed rule would amend Department of Justice (``Department'' or ``DOJ'') regulations to allow practitioners to assist individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before the Executive Office for Immigration Review (``EOIR'') by filing an amended version of EOIR's current forms (Form EOIR-27 and Form EOIR-28) noticing the entry of appearance of a practitioner. Those amended forms would also function as a notice of disclosure of legal assistance for practitioners who provide legal assistance but choose not to represent aliens in immigration proceedings, and also a notice of disclosure of preparation by practitioners. The proposed rule would further clarify that the only persons who may file a document with the agency are those recognized as eligible to do business with the agency and those aliens who are filing a document over which the agency has jurisdiction. Also, the proposed rule would make non-substantive changes regarding capitalization and amend outdated references to the former Immigration and Naturalization Service (``INS'').
Regulatory Capital Rule: Revised Transition of the Current Expected Credit Losses Methodology for Allowances
The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (collectively, the agencies) are adopting a final rule that delays the estimated impact on regulatory capital stemming from the implementation of Accounting Standards Update No. 2016-13, Financial InstrumentsCredit Losses, Topic 326, Measurement of Credit Losses on Financial Instruments (CECL). The final rule provides banking organizations that implement CECL during the 2020 calendar year the option to delay for two years an estimate of CECL's effect on regulatory capital, relative to the incurred loss methodology's effect on regulatory capital, followed by a three-year transition period. The agencies are providing this relief to allow these banking organizations to better focus on supporting lending to creditworthy households and businesses in light of recent strains on the U.S. economy as a result of the coronavirus disease 2019, while also maintaining the quality of regulatory capital. This final rule is consistent with the interim final rule published in the Federal Register on March 31, 2020, with certain clarifications and minor adjustments in response to public comments related to the mechanics of the transition and the eligibility criteria for applying the transition.
Duties of Furnishers of Information to Consumer Reporting Agencies Rule
The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on its Duties of Furnishers of Information to Consumer Reporting Agencies Rule (``Furnisher Rule'') as part of the FTC's systematic review of all current Commission regulations and guides. In addition, the FTC is proposing to amend the Rule to correspond to changes made to the Fair Credit Reporting Act (``FCRA'') by the Dodd-Frank Act.
Regulatory Reform Initiative: Small Business Investment Company-Regulatory Streamlining
The U.S. Small Business Administration (``SBA'' or ``Agency'') is proposing to remove from the Code of Federal Regulations (``CFR'') eighteen regulations that are no longer necessary because they are obsolete, inefficient or redundant. Many of the regulations SBA is proposing to remove apply to Specialized Small Business Investment Companies (``SSBICs'') licensed under the now-repealed Section 301(d) of the Small Business Investment Act of 1958, as amended, and certain other types of Small Business Investment Companies (``SBICs'') that SBA no longer licenses, such as Participating Securities SBICs and Early Stage SBICs. The removal of these regulations will assist the public by simplifying SBA's regulations in the CFR. In addition, SBA is proposing to amend its regulations, consistent with recent statutory changes, to increase the maximum amount of Leverage available to a single SBIC from $150 million to $175 million.
Domestic Mail Manual; Incorporation by Reference
The Postal Service announces the issuance of the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) dated July 1, 2020, and its incorporation by reference in the Code of Federal Regulations.
International Mail Manual; Incorporation by Reference
The Postal Service announces the issuance of the Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) dated July 1, 2020, and its incorporation by reference in the Code of Federal Regulations.
Default Provisions for Hearing Proceedings Relating to the Revocation, Suspension, or Denial of a DEA Registration
This proposed rulemaking would add provisions requiring a person served with an order to show cause issued pursuant to the Controlled Substances Act to file a request for a hearing no later than 15 days after the date of receipt of the order. The proposed rulemaking would also add provisions requiring that a person who requests a hearing file an answer to the order to show cause no later than 30 days after the date of receipt of the order; it also sets forth criteria for what the answer must contain. The proposed rule would add provisions allowing the entry of a default where a party served with an order to show cause fails to request a hearing, fails to file an answer to the order to show cause, or otherwise fails to defend against the order to show cause. The proposed rule provides that where a party defaults, the factual allegations of the order to show cause would be deemed admitted. The proposed rule would also provide for the dismissal of an order to show cause where the Administration fails to prosecute the proceeding. This proposed rule would also provide that a default may only be excused upon a party establishing good cause to excuse its default and sets forth the procedures a party must follow to seek such relief. Further, the proposed rule would remove the current provisions allowing a recipient of an order to show cause to file a written statement while waiving his/her/its right to an administrative hearing.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Trispot Darter
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the trispot darter (Etheostoma trisella) under the Endangered Species Act of 1973 (Act), as amended. We are designating as critical habitat for this species six units, totaling approximately 175.4 miles (282.3 kilometers) of streams and rivers and 9,929 acres (4,018 hectares), in Calhoun, Cherokee, Etowah, and St. Clair Counties in Alabama; Gordon, Murray, and Whitfield Counties in Georgia; and Bradley and Polk Counties in Tennessee. This rule extends the Act's protections to the trispot darter's designated critical habitat.
Endangered and Threatened Wildlife and Plants; Section 4(d) Rule for Trispot Darter
We, the U.S. Fish and Wildlife Service (Service), adopt a rule under section 4(d) of the Endangered Species Act of 1973 (Act), as amended, for the trispot darter (Etheostoma trisella), a fish from Alabama, Georgia, and Tennessee. This rule provides measures that are necessary and advisable to conserve the species.
Endangered and Threatened Wildlife and Plants; Reclassifying the Virgin Islands Tree Boa From Endangered to Threatened With a Section 4(d) Rule
We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the Virgin Islands tree boa (Virgin Islands boa; Chilabothrus (= Epicrates) granti) from an endangered species to a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973 (Act), as amended. If we finalize this rule as proposed, it would reclassify the Virgin Islands boa from endangered to threatened on the List of Endangered and Threatened Wildlife (List). This proposal is based on a thorough review of the best available scientific data, which indicate that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range. We are also proposing a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the Virgin Islands boa. Further, we are correcting the List to change the scientific name of the Virgin Islands boa in the List from Epicrates monensis granti to Chilabothrus granti to reflect the currently accepted taxonomy. Virgin Islands boa is a distinct species, not a subspecies, and Epicrates is no longer the scientifically accepted genus for this species.
Endangered and Threatened Wildlife and Plants; Reclassification of Layia carnosa (Beach Layia) From Endangered to Threatened Species Status With Section 4(d) Rule
We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the plant beach layia (Layia carnosa) from an endangered to a threatened species under the Endangered Species Act of 1973, as amended (Act). This proposed reclassification is based on our evaluation of the best available scientific and commercial information, which indicates that the threats acting upon beach layia continue at the population or rangewide scales, albeit to a lesser degree than at the time of listing, and we find that beach layia meets the statutory definition of a threatened species. We also propose to issue protective regulations pursuant to section 4(d) of the Act (``4(d) rule'') that are necessary and advisable to provide for the conservation of beach layia. We seek information and comments from the public regarding this proposed rule.
Facilitating the Use of the World Intellectual Property Organization's ePCT System To Prepare International Applications for Filing With the United States Receiving Office
The United States Patent and Trademark Office (USPTO or Office) is amending the foreign filing license rules to facilitate the use of ePCT (a World Intellectual Property Organization (WIPO) online service) to prepare an international application for filing with the USPTO in its capacity as a Receiving Office (RO/US) under the Patent Cooperation Treaty (PCT). While the former foreign filing license rules authorized the export of technical data to ePCT for purposes of preparing an international application for filing in a foreign PCT Receiving Office, they did not authorize the export of technical data to ePCT for purposes of preparing an international application for filing with the RO/US. As a foreign filing license addresses the export of technical data, the USPTO is amending the foreign filing license rules to further provide that a foreign filing license from the USPTO authorizes the export of technical data abroad for purposes related to the use of ePCT to prepare an international application for filing with the RO/US under the PCT.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This regulatory action revises certain provisions of Environmental Protection Agency (EPA) financial assistance regulations to provide more flexibility to recipients of Environmental Protection Agency (EPA) financial assistance and streamline dispute procedures for applicants and recipients of EPA financial assistance. The revisions to this rule are exempt from the notice and comment requirements of the Administrative Procedure Act (APA) because it is a matter relating to agency management concerning grants.
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