September 2020 – Federal Register Recent Federal Regulation Documents

This rule modifies the assumptions the Pension Benefit Guaranty Corporation (PBGC) uses to determine de minimis lump sum benefits in PBGC-trusteed terminated single-employer defined benefit pension plans and discontinues monthly publication of PBGC's lump sum interest rate assumptions.

The FAA proposes to adopt a new airworthiness directive (AD) for certain ATRGIE Avions de Transport R[eacute]gional Model ATR42- 300, -320, and -500 airplanes; and all Model ATR72-101, -102, -201, - 202, -211, -212, and -212A airplanes. This proposed AD was prompted by reports of defective seat tracks. This proposed AD would require a detailed visual inspection of each affected part for deficiencies (sealant blockage and out of tolerance ligaments), and depending on findings, accomplishment of applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) proposes to approve the Mashantucket Pequot Tribal Nation's (MPTN or the Tribe) Tribal Implementation Plan (TIP) under the Clean Air Act (CAA) to regulate air pollution within the exterior boundaries of the Tribe's reservation. The proposed TIP is one of two CAA regulatory programs that comprise the Tribe's Clean Air Program (CAP). EPA approved the Tribe for treatment in the same manner as a State (Treatment as State or TAS) for purposes of administering New Source Review (NSR) and Title V operating permits under the CAA on July 10, 2008. In this action we propose to act only on those portions of MPTN's CAP that constitute a TIP containing severable elements of an implementation plan under CAA section 110(a). The proposed TIP includes permitting requirements for major and minor sources of air pollution. The purpose of the proposed TIP is to enable the Tribe to attain and maintain the National Ambient Air Quality Standards (NAAQS) within the exterior boundaries of its reservation by establishing a federally enforceable preconstruction permitting program.

U.S. Customs and Border Protection (CBP) operates several trusted traveler programs at land, sea and air ports of entry into the United States that allow certain pre-approved travelers dedicated processing into the United States, including the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) program, the Global Entry program, and the NEXUS program. CBP seeks to harmonize the fees and application procedures for these three programs. In this document, CBP proposes to change the Global Entry and SENTRI application fees to a uniform amount, provide a uniform standard regarding the payment of the Global Entry and SENTRI application fees for minors, change the fee payment schedule and certain aspects of the application process for the SENTRI program, and incorporate the SENTRI program into the Department of Homeland Security (DHS) regulations. CBP also proposes to make changes to the Global Entry regulations that are consistent with the program's expansion to certain U.S. territories and preclearance facilities. Finally, CBP proposes to eliminate the separate dedicated commuter lane systems costs fee (DCL fee) currently applicable only to approved SENTRI participants. CBP will be issuing a separate notice in the Federal Register regarding changes to the NEXUS fee.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This proposed AD was prompted by the manufacturer discovering non-conforming threads, resulting in a life limit reduction on multiple landing gear components including threaded hinge pins and main landing gear (MLG) and nose landing gear (NLG) actuator pins. This proposed AD would require a one-time inspection of the landing gear for components with non-conforming threads and removal of any nonconforming threaded hinge pin and MLG and NLG actuator pin. The FAA is proposing this AD to address the unsafe condition on these products.

This document announces the continuation of, effectiveness of, and the extension of the timeline for publication of a final rule. We are issuing this document in accordance with section 1871(a)(3)(C) of the Social Security Act (the Act), which allows an interim final rule to remain in effect after the expiration of the timeline specified in section 1871(a)(3)(B) of the Act if the Secretary publishes a notice of continuation explaining why we did not comply with the regular publication timeline.

The FAA proposes to supersede Airworthiness Directive (AD) 2019-22-10, which applies to all The Boeing Company Model 737-600, - 700, -700C, -800, -900, and -900ER series airplanes. AD 2019-22-10 requires repetitive inspections for cracking of the left- and right- hand side outboard chords of frame fittings and failsafe straps at a certain station around eight fasteners, and repair if any cracking is found. Since the FAA issued AD 2019-22-10, it was determined that the initial inspection threshold and repetitive inspection interval are inadequate to address the cracking in a timely manner. For certain airplanes, this proposed AD would reduce the compliance time for the initial inspection, and for all airplanes this proposed AD would reduce the compliance time for the repetitive inspections. The FAA is proposing this AD to address the unsafe condition on these products.

This action amends the Class E airspace extending upward from 700 feet above the surface at Park Rapids Municipal Airport-Konshok Field, Park Rapids, MN. This action as the result of an airspace review caused by the decommissioning of the Park Rapids VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The name and geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

This action amends the Class E airspace extending upward from 700 feet above the surface at Harper Municipal Airport, Harper, KS. This action is the result of an airspace review due to the decommissioning of the Anthony VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program.

This action extends the Special Federal Aviation Regulation (SFAR) prohibiting certain flight operations in the Pyongyang Flight Information Region (FIR) (ZKKP) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when the operator of such aircraft is a foreign air carrier. The FAA finds this action necessary to address significant, continuing hazards to U.S. civil aviation associated with North Korean military capabilities and activities, including unannounced North Korean missile launches and air defense weapons systems. Additionally, the FAA republishes the approval process and exemption information for this SFAR, consistent with other recently published flight prohibition SFARs, and makes a minor administrative change to the wording of the applicability paragraph of the SFAR for consistency with other recently published flight prohibition SFARs.

In a final rule published in the Federal Register on June 3, 2020, and effective on July 6, 2020, we amended the U.S. Department of Agriculture's administrative regulations by adding procedural regulations for the review and issuance of agency guidance documents as mandated by Executive Order. The final rule contained an incorrect email address and a provision that is inconsistent with the Executive Order and other provisions of the final rule. This document addresses those issues.

This document denies a petition for rulemaking from SafeGuard/ IMMI (formerly Indiana Mills and Manufacturing, Inc.) and C.E. White requesting that NHTSA amend Federal Motor Vehicle Safety Standard (FMVSS) No. 213, ``Child restraint systems,'' to provide for ``school bus built-in belt-positioning seats.'' Under the petitioners' suggested amendment, a school bus built-in belt positioning seat would be a type of ``booster seat'' and would consist of a school bus seat with a lap/ shoulder belt and a shoulder belt height adjuster. The agency is denying the petition because under the requested amendment, designs would be permitted that do not provide the full benefits of booster seats, namely the proper positioning of the child on the vehicle seat to improve the fit of the lap belt to mitigate the risk of abdominal injuries in a crash.

This rule implements a recommendation from the Citrus Administrative Committee (Committee) to establish reporting requirements under the Federal marketing order for oranges, grapefruit, tangerines, and pummelos grown in Florida. This action requires Florida citrus handlers who handle citrus grown within the production area to register with the Committee.

The Coast Guard is establishing a temporary moving safety zone for certain waters of Lake Pontchartrain, New Orleans, LA. The safety zone encompasses all navigable waters from 30 02'58.3'' N, 090 12'54.6'' W to 30 04'05.3'' W, 090 00'09.0'' W. The safety zone is needed to protect persons, vessels, and the marine environment from hazards associated with a boat parade. Persons and vessels are prohibited from entering or remaining in this zone unless specifically authorized by the Captain of the Port Sector New Orleans or a designated representative.

The FAA is superseding Airworthiness Directive (AD) 2014-12-07 for Agusta S.p.A (Agusta) Model AB412 and AB412EP helicopters. AD 2014- 12-07 requires inspecting the rotor brake pinion (pinion) for a crack and replacing it if there is a crack. This AD retains the requirements of AD 2014-12-07 and also requires removing certain serial-numbered pinions from service. This AD was prompted by a report of an additional cracked pinion. The actions of this AD are intended to address an unsafe condition on these products.

The Department of Labor (Department) is proposing to amend the ``Investment duties'' regulation issued in 1979 to address the application of the prudence and exclusive purpose duties under the Employee Retirement Income Security Act of 1974 (ERISA) to the exercise of shareholder rights, including proxy voting, the use of written proxy voting policies and guidelines, and the selection and monitoring of proxy advisory firms. This document also states that Interpretive Bulletin 2016-01 no longer represents the view of the Department regarding the proper interpretation of ERISA with respect to the exercise of shareholder rights by fiduciaries of ERISA-covered plans, and notes that it will be removed from the Code of Federal Regulations when a final rule is adopted.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-flood-insurance-program-community-statu s-book.

This action proposes special conditions for the Bombardier Inc. (Bombardier) Model CL-600-2B16 (604 variant) airplane. This airplane, as modified by B/E Aerospace, will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is seats with a 3-point shoulder harness incorporating a pretensioner restraint system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

This document contains final regulations under section 468A of the Internal Revenue Code of 1986 (Code) relating to deductions for contributions to trusts maintained for decommissioning nuclear power plants and the use of the amounts in those trusts to decommission nuclear plants. The regulations revise and clarify certain provisions in existing regulations to address issues that have arisen as more nuclear plants have begun the decommissioning process.

The Coast Guard is withdrawing its proposed rule to establish two separate temporary safety zones for certain waters of the Patuxent River at Solomons, MD, on September 5, 2020, (with an alternate date of September 6, 2020) and the Patapsco River (Inner Harbor) at Baltimore, MD, on October 2, 2020, (with no alternate date), during fireworks displays. The proposed rule is being withdrawn because it is no longer necessary. The event sponsors have cancelled the events.

On July 6, 2020, the OCC, Board, FDIC, FCA, and NCUA (collectively, the Agencies) published in the Federal Register a notice soliciting comments on a proposal to reorganize, revise, and expand the Interagency Questions and Answers Regarding Flood Insurance (July 2020 Proposed Questions and Answers). The July 2020 Proposed Questions and Answers provided for a comment period ending on September 4, 2020. The Agencies have determined that an extension of the comment period until November 3, 2020, is appropriate. This action will allow interested parties additional time to analyze the proposal and prepare and submit comments.

NMFS implements an accountability measure for red snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings of red snapper have reached the commercial annual catch limit (ACL) for the 2020 fishing year. Therefore, NMFS is closing the commercial sector for red snapper in the South Atlantic EEZ on September 5, 2020. This closure is necessary to protect the red snapper resource.

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by the results of laboratory tests on non-rechargeable lithium batteries installed in certain emergency locator transmitters (ELTs), which highlighted a lack of protection against current injections of 28 volts direct current (DC) or 115 volts alternating current (AC) that could lead to thermal runaway and a battery fire. This AD requires modifying a certain ELT by installing a diode between the ELT and the terminal block, 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.