September 2020 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A330-202, -203, -223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340-200 and -300 series airplanes. This AD was prompted by a report indicating that the allowable load limits on the vertical tail plane could be reached and possibly exceeded in cases of multiple rudder doublet inputs. This AD requires upgrading the flight control data concentrator (FCDC), associated flight control primary computer (FCPC), and flight warning computer (FWC), and activation of the stop rudder input aural warning (SRIW) device, 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.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 and 787-9 airplanes. This AD was prompted by reports that the cabin air compressor (CAC) outlet check valve failed due to fatigue of the aluminum flappers, and exposed the Y-duct to temperatures above its design limit. This AD requires installing new inboard and outboard CAC outlet check valves on the left-side and right-side cabin air conditioning and temperature control system (CACTCS) packs. The FAA is issuing this AD to address the unsafe condition on these products.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing this interim final rule to further implement the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, by adjusting for inflation its civil monetary penalties for failure to comply with certain recordkeeping and reporting requirements, which are contained in OFAC's Economic Sanctions Enforcement Guidelines in OFAC's Reporting, Procedures and Penalties Regulations.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds six sites to the General Superfund section of the NPL.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of September 14, 2020, for the direct final rule that was published in the Federal Register on June 30, 2020. The direct final rule amends the spent fuel storage regulations by revising the TN Americas LLC, Standardized NUHOMS[supreg] Horizontal Modular Storage System listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 16 to Certificate of Compliance No. 1004.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) and the Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from the use and application of industrial adhesives. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires states to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. On May 26, 2020, the Environmental Protection Agency (EPA) published a notice of proposed rulemaking to approve the Washington State Implementation Plan as meeting specific infrastructure requirements for the 2010 sulfur dioxide (SO2) and 2015 ozone NAAQS. Due to an administrative error, the technical support document was left out of the docket during the initial comment period from May 26, 2020 to June 25, 2020. Thus, the EPA is providing an additional 30 days for public comment on the proposed action. We are also supplementing the docket with additional supporting materials in response to a comment on our proposed approval.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the Commonwealth's plan, submitted by the Pennsylvania Department of Environmental Protection (DEP), for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in the Altoona, Blair County, Pennsylvania area (Altoona Area). This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. The SIP revision consists of a demonstration that Rhode Island meets the requirements of reasonably available control technology (RACT) for the two precursors for ground-level ozone, oxides of nitrogen (NOX) and volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA or Act) with respect to the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQSs or standards). Additionally, we are approving specific regulations that implement the RACT requirements by limiting air emissions of NOX and VOC pollutants from sources within the State. This action is being taken in accordance with the Clean Air Act.

The Securities and Exchange Commission (``Commission'') is adopting amendments to its rules governing proxy solicitations so that investors who use proxy voting advice receive more transparent, accurate, and complete information on which to make their voting decisions, without imposing undue costs or delays that could adversely affect the timely provision of proxy voting advice. The amendments add conditions to the availability of certain existing exemptions from the information and filing requirements of the Federal proxy rules that are commonly used by proxy voting advice businesses. These conditions require compliance with disclosure and procedural requirements, including conflicts of interest disclosures by proxy voting advice businesses and two principles-based requirements. In addition, the amendments codify the Commission's interpretation that proxy voting advice generally constitutes a solicitation within the meaning of the Securities Exchange Act of 1934. Finally, the amendments clarify when the failure to disclose certain information in proxy voting advice may be considered misleading within the meaning of the antifraud provision of the proxy rules, depending upon the particular facts and circumstances.

The Coast Guard is establishing a temporary special local regulation (SLR) for certain navigable waters of the Atlantic Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North Carolina. This SLR is intended to restrict vessel traffic on the AICW and Beaufort Inlet during high-speed boat races. The restriction of vessel traffic movement in the SLR is intended to protect participants and spectators from the hazards posed by these events. Entry of vessels or persons into this regulated area is prohibited unless specifically authorized by the Captain of the Port (COTP) North Carolina or a designated representative.

Federal Illex squid vessel permit holders are prohibited from fishing for, catching, possessing, transferring or landing more than 10,000 lb (4,535 kg) of Illex squid per trip, and from landing Illex squid more than once per calendar day. This prohibition is required when NMFS projects that 95 percent of the 2020 annual catch limit will have been caught by the effective date. This action is intended to prevent over-harvest of Illex squid for the fishing year.

NMFS announces the re-opening of the recreational sector for gray triggerfish in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. The most recent recreational landings of gray triggerfish indicate that the recreational annual catch target (ACT) for 2020 fishing year has not yet been reached. Therefore, NMFS re-opens the recreational sector for gray triggerfish in the Gulf EEZ on September 1, 2020, through October 25, 2020, or until the recreational ACT is reached or projected to be reached, whichever happens first, to allow the recreational ACT to be caught.

The FAA proposes to adopt a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Model PC-24 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as overheating of the electrical wiring splices close to the right-hand pitot-static connector on frame 10. The FAA is proposing this AD to require actions to address the unsafe condition on these products.

The Secretary amends the general, establishing eligibility, maintaining eligibility, and losing eligibility sections of the Institutional Eligibility regulations issued under the Higher Education Act of 1965, as amended (HEA), related to distance education and innovation. In addition, the Secretary amends the Student Assistance General Provisions regulations issued under the HEA.

The Coast Guard has issued a temporary deviation from the operating schedule for the Canadian National Bridge, mile 55.72, over the Fox River to operate remotely. The request was made by the bridge owner. This test deviation will test the remote operations with tenders onsite, and will not change the operating schedule of the bridge.

The Environmental Protection Agency (EPA) is proposing to redesignate certain unclassifiable areas designated during the EPA's Round 2 air quality designations for the 2010 1-Hour Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard (NAAQS). Specifically, the EPA believes that it now has sufficient information to determine that certain unclassifiable areas in Missouri, Nebraska, Ohio, and Texas are attaining the 2010 1-hour SO2 primary NAAQS, and, therefore, is proposing to redesignate these areas to attainment/unclassifiable for the 2010 1-hour SO2 primary NAAQS.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 156,389-acre ``Royal Slope'' viticultural area in Adams and Grant Counties, in Washington. The Royal Slope viticultural area is located entirely within the existing Columbia Valley viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

The Environmental Protection Agency (EPA) is taking final action to approve portions of the Kentucky infrastructure State Implementation Plan (SIP) submission for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) submitted to EPA in a letter dated January 11, 2019. Whenever EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act) requires that each state adopt and submit a SIP submission to establish that the state's SIP meets infrastructure requirements for the implementation, maintenance, and enforcement of each such NAAQS. Specifically, EPA is taking final action to approve portions of the Kentucky infrastructure SIP submission that address the prevention of significant deterioration (PSD) and modeling requirements for the 2015 8-hour ozone NAAQS.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a revision to the Texas State Implementation Plan (SIP). The EPA is approving a second ten-year maintenance plan for maintaining the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standard) through 2032 in the Beaumont-Port Arthur (BPA) area.

This regulation amends and extends a temporary exemption from the requirement of a tolerance for residues of the Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8 alone or in various combinations on citrus fruit (Citrus spp., Fortunella spp., Crop Group 10-10) when applied/used as a microbial pesticide in accordance with the terms of Experimental Use Permit (EUP) No. 88232- EUP-2. Southern Gardens Citrus submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting extension of the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8 alone or in various combinations. The temporary tolerance exemption expires on August 31, 2023.

This proposed rule would establish a Medicare coverage pathway to provide Medicare beneficiaries nationwide with faster access to new, innovative medical devices designated as breakthrough by the Food and Drug Administration (FDA). After the final rule is effective, the Medicare Coverage of Innovative Technology (MCIT) pathway would begin national Medicare coverage on the date of FDA market authorization and would continue for 4 years. We are also proposing regulatory standards to be used in making reasonable and necessary determinations under section 1862(a)(1)(A) of the Social Security Act (the Act) for items and services that are furnished under Part A and Part B.

On July 1, 2020, the Farm Credit Administration (FCA), along with the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Federal Housing Finance Agency published an interim final rule amending regulations that require swap dealers, security-based swap dealers, major swap participants, and major security-based swap participants under the Agencies' respective jurisdictions to exchange margin with their counterparties for swaps that are not centrally cleared (non-cleared swaps) (Swap Margin Rule). In that publication, the Regulatory Identification Number (RIN) for the FCA was incorrect. This document corrects that error.

This action amends 6 jet routes, removes 4 jet routes, and removes 1 high altitude area navigation (RNAV) route in the eastern United States. This action is in support of the Northeast Corridor Atlantic Coast Route Project to improve the efficiency of the National Airspace System (NAS) and reduce dependency on ground-based navigational systems.

The U.S. Department of Agriculture (USDA), Forest Service (Agency) is proposing revisions to its regulations governing Federal oil and gas resources on National Forest System lands. The Agency proposes these revisions to update and modernize its existing regulations. In addition, conforming technical amendments to other parts of the Code of Federal Regulations (CFR) affected by this rule are proposed. The proposed regulations would revise the procedures the Forest Service will follow in the future to make lands available for leasing. The proposed regulations would also clarify requirements for conducting operations and revise procedures that the Agency will follow to monitor operator compliance on leases. These requirements would apply to operations on both existing and future leases. Public input has informed the development of the rules, including through an advance notice of proposed rulemaking (ANPR). The Agency is now requesting public comments on the proposed revisions to the rule. The Agency will carefully consider public comments in preparing the final rule. The Agency is also requesting comments on the information collection associated with the Subpart E revision and the Environmental Assessment (EA).