September 2020 – Federal Register Recent Federal Regulation Documents

This action proposes to amend Federal airways J-502, and J-511 in Alaska. It also proposes to establish 2 Q routes, Q-902, and Q-811. The modifications are necessary due to the decommissioning of the Burwash Non-Directional Beacon (NDB) in Yukon Territory, Canada, which provided navigation guidance for portions of the affected routes. The Burwash NDB was decommissioned effective March 26, 2020 due to ongoing maintenance problems and logistic issues.

In response to a petition for rulemaking submitted on October 18, 2018 (Gas Industry Petition), the Department of Energy (DOE) published that petition in the Federal Register on November 1, 2018, for public review and input, and DOE subsequently published a proposed interpretive rule in the Federal Register on July 11, 2019, which tentatively determined that in the context of residential furnaces, commercial water heaters and similarly-situated products/equipment, use of non-condensing technology (and associated venting) may constitute a performance-related ``feature'' under the Energy Policy and Conservation Act (EPCA) that cannot be eliminated through adoption of an energy conservation standard. After carefully considering the public comments on its proposed interpretive rule, DOE has tentatively determined to consider a more involved class structure which turns on maintenance of compatibility with existing venting categories, and the Department seeks further information on the potential feasibility, burdens, and other implications of implementing such a venting- compatibility approach. DOE requests comments limited in scope to this issue, after which DOE will respond to not only this matter, but also to all of the other topics raised in comments on the July 2019 notice of proposed interpretive rule.

HUD has long interpreted the Fair Housing Act (``the Act'') to create liability for practices with an unjustified discriminatory effect, even if those practices were not motivated by discriminatory intent. This rule amends HUD's 2013 disparate impact standard regulation to better reflect the Supreme Court's 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. and to provide clarification regarding the application of the standard to State laws governing the business of insurance. This rule revises the burden-shifting test for determining whether a given practice has an unjustified discriminatory effect and adds to illustrations of discriminatory housing practices found in HUD's Fair Housing Act regulations. This Final rule also establishes a uniform standard for determining when a housing policy or practice with a discriminatory effect violates the Fair Housing Act and provides greater clarity of the law for individuals, litigants, regulators, and industry professionals.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by the FAA's analysis of the Model 737 fuel system reviews conducted by the manufacturer. This AD requires modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the center fuel tank due to electrical fault conditions. This AD also provides alternative actions for cargo airplanes. The FAA is issuing this AD to address the unsafe condition on these products.

The Assistant Secretary for Career, Technical, and Adult Education proposes priorities, requirements, a definition, and selection criteria under the Perkins Innovation and Modernization Grant Program, Catalog of Federal Domestic Assistance (CFDA) number 84.051F. The Assistant Secretary may use the priorities, requirements, definition, and selection criteria for competitions in fiscal year (FY) 2020 and later years. We take this action in order to support the identification of strong and well-designed projects that will incorporate evidence-based and innovative strategies and activities to improve and modernize career and technical education (CTE) and better prepare youth and adults for in-demand jobs.

The Department of Veterans Affairs (VA) is amending and updating its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the Federal Acquisition Regulation (FAR), to remove procedural guidance internal to VA into the VA Acquisition Manual (VAAM), and to incorporate any new agency specific regulations or policies. These changes seek to streamline and align the VAAR with the FAR and remove outdated and duplicative requirements and reduce burden on contractors. The VAAM incorporates portions of the removed VAAR as well as other internal agency acquisition policy. VA will rewrite certain parts of the VAAR and VAAM, and as VAAR parts are rewritten, VA will publish them in the Federal Register. In particular, this rulemaking revises VAAR concerning Contractor Qualifications, Acquisition of Utility Services, and Contract Administration and Audit Services, and affected parts Definitions of Words and Terms and Solicitation Provisions and Contract Clauses.

The Department of Homeland Security, through its Acting Secretary, is publishing notification of the ratification of a number of previous actions by the Department. The attached ratification provides the public with certainty, by resolving any potential defect in the validity of those actions.

This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border. Such travel will be limited to ``essential travel,'' as further defined in this document.

The FAA is adopting a new airworthiness directive (AD) for certain MD Helicopters Inc. (MDHI) Model 369A, 369D, 369E, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters. This AD was prompted by reports of abrasion strips departing the main rotor (MR) blade in- flight. This AD requires tap inspecting each MR blade leading edge abrasion strip. The FAA is issuing this AD to address the unsafe condition on these products.

This action amends the Phoenix Sky Harbor Class B legal description by accurately reflecting the name of the geographical reference point, I-10/Squaw Peak Stack to I-10/Stack contained in the Area A and Area D legal description. The FAA is taking this action because the local community removed Squaw Peak from the geographical reference point and to ensure accurate information is reflected.

This action proposes to modify Class D airspace at Helena Regional Airport. This action also proposes to modify Class E airspace, designated as a surface area. Additionally, this action proposes to establish Class E airspace, designated as an extension to a Class D or Class E surface area. Further, this action proposes to modify Class E airspace, extending upward from 700 feet above the surface. Also, this action proposes to modify the Class E airspace extending upward from 1,200 feet above the surface. This action also proposes to remove the Helena VORTAC from the airspace legal descriptions. Lastly, this action proposes administrative corrections to the airspaces' legal descriptions. This action would ensure the safety and management of instrument flight rules (IFR) operations at the airport.

The Food and Drug Administration (FDA, the Agency, or we) is proposing to amend its medical product ``intended use'' regulations. This action, if finalized, will amend FDA's regulations describing the types of evidence relevant to determining whether a product is intended for use as a drug or device under the Federal Food, Drug, and Cosmetic Act (FD&C Act), the Public Health Service Act (PHS Act), and FDA's implementing regulations, including whether an approved or cleared medical product is intended for a new use. This action will also repeal and replace the portions of a final rule issued on January 9, 2017, that never became effective. This action is intended to provide direction and clarity to regulated industry and other stakeholders.

In response to Executive Order 13864 (Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities), the Department of Education revises its current regulations to encourage institutions of higher education to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment to the U.S. Constitution for public institutions and compliance with stated institutional policies regarding freedom of speech, including academic freedom, for private institutions. These regulations also require a public institution to not deny a religious student organization any of the rights, benefits, or privileges that are otherwise afforded to other student organizations. In response to recent decisions from United States Supreme Court's decisions, the Department revises its current regulations regarding grant programs authorized under titles III and V of the Higher Education Act of 1965, as amended (HEA), and the eligibility of students to obtain certain benefits under those programs. The Department also revises its current regulations to clarify how educational institutions may demonstrate that they are controlled by a religious organization to qualify for the exemption provided under Title IX, 20 U.S.C. 1681(a)(3), to the extent Title IX or its implementing regulations would not be consistent with the religious tenets of such organization.

In this document, the Commission revises its Schedule of Regulatory Fees to recover an amount of $339,000,000 that Congress has required the Commission to collect for fiscal year 2020. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively.

This final rule amends FTA regulations implementing project management oversight. FTA is modifying the regulation to make it consistent with statutory changes and to modify the scope and applicability of project management oversight.

The Rural Housing Service (RHS or the Agency) is proposing to amend its regulation to implement changes related to the development of a sustainable plan for the Rental Assistance (RA) program, including new Agency flexibilities in the managing of the RA distribution and integrate new asset management policies. The regulation changes are designed to provide flexibility, more economically utilize the RA, and to improve the efficiency in managing the assets in the Direct Loan portfolio.

The Secretary of Agriculture is issuing this rule to provide additional assistance under the Coronavirus Food Assistance Program (CFAP) to agricultural producers who continue to be impacted by the effects of the COVID-19 outbreak. This rule specifies the eligibility requirements, payment calculations, and application procedures for a second round of payments (CFAP 2). In addition, it also extends the special payment limitation provisions to trusts and estates for CFAP 1 and amends the provisions regarding applicable year and direct attribution of payments to members of legal entities that qualify for the increased payment limitation.

The FAA proposes to supersede Airworthiness Directive (AD) 2007-07-03, which applies to certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. AD 2007-07-03 requires repetitive tests to detect hot air leaking from the trim air diffuser ducts or sidewall riser duct assemblies (collectively referred to as TADDs), related investigative actions, and corrective actions if necessary. AD 2007-07-03 also provides an optional terminating action for the repetitive tests. Since the FAA issued AD 2007-07-03, operators reported high temperature composite material TADDs installed as specified in AD 2007-07-03 have also failed. This proposed AD would require repetitive inspections of all TADD material for damage and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

The Office of Personnel Management (OPM) is adopting its proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System (FERS) Act of 1986. These rules are necessary to ensure that the tables conform to the economic and demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on April 6, 2020, as required by the United States Code.

The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.A. Model AW169 helicopters and certain Leonardo S.p.A Model AW189 helicopters. This AD was prompted by a report of a broken extrusion rubber window seal. This AD requires installation of a reinforcement around the rubber filler wedge where the extrusion rubber window seal meets the door's emergency exit handle. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2000-22-19 for Eurocopter France (now Airbus Helicopters) Model SA330F, G, and J helicopters. AD 2000-22-19 required repetitively inspecting certain tail rotor (T/R) blades for skin debonding and a crack. Since the FAA issued AD 2000-22-19, the inspection procedures have been revised. Additionally, the FAA is adding an affected part-numbered T/R blade and the FAA-validation for Model SA330F and G helicopters has been cancelled. This new AD revises the applicability, requires repetitively inspecting affected T/R blades with the new inspection procedures, and depending on the inspection results, repairing or replacing the T/R blade. This new AD also prohibits installing an affected T/R blade unless it has passed the inspections. The actions of this AD are intended to address an unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Leonardo S.p.a. Model AW169 helicopters. This AD requires modifying the weight on wheels (WoW) support installation on the main landing gear (MLG). This AD was prompted by a report that an inappropriately tightened WoW support could result in a rotation of the support and improper WoW switch performance. The actions of this AD are intended to address an unsafe condition on these products.

This action proposes to amend Class D airspace, and remove Class E airspace designated as an extension to a Class D surface area for Homestead Air Reserve Base (ARB), Homestead, FL. 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.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Textron (type certificate previously held by Cessna Aircraft Company) Models 208 and 208B airplanes. This proposed AD was prompted by reports of loose elevator torque tube attach fasteners. This proposed AD would require repetitively inspecting the inboard and outboard elevator torque tube attachments for loose or incorrectly installed fasteners, replacing all fasteners if loose or incorrectly installed fasteners are found, and reporting the inspection results to the FAA. This AD also includes optional actions to terminate the repetitive inspections. The FAA is proposing this AD to address the unsafe condition on these products.