October 2020 – Federal Register Recent Federal Regulation Documents

The Federal Trade Commission (``FTC'' or ``Commission'') amends the Rules and Regulations Under the Textile Fiber Products Identification Act (``Textile Rules'' or ``Rules'') to incorporate the most recent ISO 2076 standard for generic fiber names.

The U.S. Small Business Administration (SBA or Agency) is revising one regulation and removing 19 regulations from the Code of Federal Regulations (CFR) related to the Program for Investment in Microentrepreneurs (PRIME) that are repetitive and unnecessary because they duplicate identical guidance and requirements already stipulated in other legal sources and/or provided to grant applicant and recipients in the annual PRIME funding opportunity announcement. The removal of these regulations assists the public by simplifying SBA's regulations in the CFR and reducing the amount of time grant applicants and recipients must spend reviewing programmatic guidance.

On July 2, 2020, the U.S. Food and Drug Administration approved a new drug application for BYFAVO (remimazolam) for intravenous use. Remimazolam is chemically known as 4H-imidazol[1,2- a][1,4]benzodiazepine-4-propionic acid, 8-bromo-1-methyl-6-(2- pyridinyl)-(4S)-methyl ester, benzenesulfonate (1:1) and also, methyl 3-[(4S)-8-bromo-1-methyl-6-pyridin-2-yl-4H-imidazo[1,2- a][1,4]benzodiazepin-4yl]propanoate benzenesulfonic acid. The Department of Health and Human Services provided the Drug Enforcement Administration (DEA) with a scheduling recommendation to place remimazolam and its salts in schedule IV of the Controlled Substances Act (CSA). In accordance with the CSA, as amended by the Improving Regulatory Transparency for New Medical Therapies Act, DEA is hereby issuing an interim final rule placing remimazolam, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule IV of the CSA.

NMFS announces that the states of Maine and New Jersey are transferring a portion of their 2020 commercial bluefish quota to the states of Rhode Island and North Carolina, respectively. These quota adjustments are necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Maine, Rhode Island, New Jersey, and North Carolina.

The Food and Drug Administration (FDA, the Agency, or we) is announcing three virtual public meetings entitled ``Requirements for Additional Traceability Records for Certain Foods; Proposed Rule.'' The purpose of the public meetings is to discuss the proposed rule entitled ``Requirements for Additional Traceability Records for Certain Foods,'' which was issued under the FDA Food Safety Modernization Act (FSMA). These public meetings are intended to facilitate and support the public's evaluation and commenting process on the proposed rule.

This action modifies Class D airspace at Yakima Air Terminal/ McAllister Field Airport. This action also modifies Class E airspace, designated as a surface area. Additionally, this action removes Class E airspace, designated as an extension to a Class D or Class E surface area. Further, this action modifies Class E airspace, extending upward from 700 feet above the surface, and removes the Class E airspace extending upward from 1,200 feet above the surface. This action removes the Yakima VOR from the Class E5 airspace legal description. Lastly, this action implements administrative corrections to the airspaces' legal descriptions

This action modifies Class E airspace extending upward from 700 feet above the surface at Lake County Airport. This action also updates the airport's geographic coordinates.

This action proposes to modify Class D airspace at Glacier Park International Airport. This action also proposes to modify Class E airspace, designated as a surface area. Additionally, this action proposes to modify Class E airspace, extending upward from 700 feet above the surface. Further, this action proposes to modify Class E airspace, extending upward from 1,200 feet above the surface. This action also proposes to remove the Smith Lake NDB from the Class E airspace legal descriptions. Lastly, this action proposes several administrative corrections to the airspace legal descriptions. This action would ensure the safety and management of instrument flight rules (IFR) operations at the airport.

This action modifies Class D airspace at Eastern Oregon Regional at Pendleton Airport. This action also modifies Class E airspace, designated as a surface area. Additionally, this action establishes Class E airspace, designated as an extension to a Class D or Class E surface area. Further, this action modifies Class E airspace, extending upward from 700 feet above the surface. This action also removes Class E airspace, extending upward from 1,200 feet above the surface. This action also removes the Pendleton VORTAC from the airspace text headers and legal descriptions. Lastly, this action implements administrative corrections to the airspace text headers and legal descriptions.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) 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 safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Secretary is issuing this rule in order to update the versions of the What Works Clearinghouse Standards Handbook and What Works Clearinghouse Procedures Handbook incorporated by reference into the Department's applicable regulations.

This proposed rule would implement a recommendation from the Administrative Committee for Pistachios (Committee) to increase the assessment rate established for the 2020-21 and subsequent production years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Coast Guard proposes to amend its regulations concerning waterfront facilities handling liquefied natural gas (LNG) and liquefied hazardous gas (LHG). The proposed rule would make the following three changes. First, the proposed rule would revise the Coast Guard's existing regulations to allow waterfront facilities handling LNG as fuel to conduct an operational risk assessment instead of a waterway suitability assessment (WSA) without first obtaining Captain of the Port approval. Second, the proposed rule would revise existing regulations to update incorporated technical standards to reflect the most recent published editions. Third, for waterfront facilities handling LNG that must comply with the WSA requirements, the proposed rule would require these facilities to provide information to the Coast Guard regarding the nation of registry for vessels transporting natural gas that are reasonably anticipated to be servicing the facilities, and the nationality or citizenship of officers and crew serving on board those vessels.

The Coast Guard is proposing to update the type approval requirements for certain types of equipment that survival craft are required to carry on U.S.-flagged vessels. The proposed rule is deregulatory and would remove Coast Guard type approval requirements for nine of these types of survival craft equipment and replace them with the requirement that the manufacturer self-certify that the equipment complies with a consensus standard.

The Department of Education (Department) issues these interim final regulations to codify procedures relating to the issuance of rulemaking and guidance documents. These regulations implement an Executive order entitled ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' issued on Oct. 9, 2019, whose central principles are transparency and the presumption that guidance documents only clarify existing legal obligations and may not become a vehicle for implementing new, binding requirements on stakeholders or the public. In addition, these, these regulations outline how the Department will develop rules and the circumstances under which it will do so.

The U.S. Department of Energy (``DOE'') is proposing to establish a test procedure and an accompanying labeling requirement for dedicated-purpose pool pump (``DPPP'') motors. Specifically, DOE is proposing to incorporate by reference an industry standard pertaining to DPPP definitions and marking requirements; require the use of an industry testing standard for testing the energy efficiency of DPPP motors; and to establish a labeling requirement that would specify information to be included on the permanent nameplate, catalogs, and marketing materials of DPPP motors. DOE is seeking comment from interested parties on the proposal.

The General Services Administration (GSA) is issuing a technical amendment to the General Services Administration Acquisition Regulation (GSAR). This technical amendment updates the GSAR and the Code of Federal Regulations (CFR) to reflect changes to clause renumbering that were erroneously omitted from GSAR Case 2013-G502, Federal Supply Schedule Contracting (Administrative Changes), which was published in the Federal Register.

The Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This final rule revises the CCL, as well as corresponding parts of the EAR, to implement certain changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2019 WA Plenary meeting. The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This final rule implements multilateral controls on six recently developed or developing technologies, which were identified by the WA December 2019 WA Plenary Meeting in a manner contemplated by the Export Control Reform Act of 2018 (ECRA) to identify emerging technologies that are essential to U.S. national security. This rule harmonizes the CCL with the WA December 2019 Plenary Meeting agreements that pertain to these six technologies. The inclusion of the six technologies in this final rule is consistent with the requirements of ECRA and the decision of the WA to add such technologies to its control lists, thereby making exports of such technologies subject to multilateral control. As these six technologies are recently developed or developing technologies that are essential to the national security of the United States, early implementation of the applicable WA December 2019 Plenary agreements is warranted. The remaining WA 2019 Plenary agreements will be implemented in a separate rule.

The U.S. Department of Commerce (``Department'') is issuing this document to inform the public of a preliminary injunction ordered by a United States district court on September 27, 2020, preventing the implementation of specific Department actions.

The FAA proposes to supersede Airworthiness Directive (AD) 2014-25-04, which applies to all Pilatus Aircraft Limited (Pilatus) Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC- 6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2- H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. AD 2014-25-04 requires incorporating revised airworthiness limitations into the aircraft maintenance manual (AMM). Since the FAA issued AD 2014-25-04, the FAA has determined that new or more restrictive airworthiness limitations are necessary for the stabilizer trim actuator, fuselage wing fittings, and wing-to-fuselage fittings. This proposed AD would require revising the airworthiness limitation section of the existing maintenance manual or instructions for continued airworthiness to incorporate new airworthiness limitations, and performing an eddy current inspection of the fuselage wing fittings and wing to fuselage fittings. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to remove the Class E airspace extending upward from 700 feet above the surface at Orange City Municipal Airport, Orange City, IA and amend the Class E airspace extending upward from 700 feet above the surface at the Le Mars Municipal Airport, Le Mars, IA. The FAA is proposing this action; as the result of an airspace review caused by the decommissioning of the Orange City (ORC) non-directional beacon (NDB), and the Automated Weather Observing System (AWOS) navigation aids, and the closure of the Orange City Municipal Airport.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to further implement the statute which requires an adjustment every five years of statutory acquisition- related thresholds for inflation. The adjustment uses the Consumer Price Index for all urban consumers, and does not apply to the Construction Wage Rate Requirements statute (Davis-Bacon Act), Service Contract Labor Standards statute, and trade agreements thresholds. DoD, GSA, and NASA are also using the same methodology to adjust nonstatutory FAR acquisition-related thresholds in 2020.

The U.S. Small Business Administration (SBA) proposes to increase its receipts-based small business size definitions (commonly referred to as ``size standards'') for North American Industry Classification System (NAICS) sectors related to Transportation and Warehousing, Information, Finance and Insurance, and Real Estate and Rental and Leasing. SBA proposes to increase size standards for 45 industries in those sectors, including eighteen (18) industries in NAICS Sector 48-49 (Transportation and Warehousing), eight (8) industries in NAICS Sector 51 (Information), ten (10) industries in NAICS Sector 52 (Finance and Insurance), and nine (9) industries in NAICS Sector 53 (Real Estate and Rental and Leasing). SBA's proposed revisions relied on its recently revised ``Size Standards Methodology'' (Methodology). SBA seeks comments on its proposed changes to size standards in the above sectors, and the data sources it evaluated to develop the proposed size standards.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the reactor vessel material surveillance program requirements for commercial light-water power reactors. This action would amend the requirements associated with the testing of specimens contained within surveillance capsules and reporting the surveillance test results. This action would also clarify the requirements for the design of surveillance programs and the capsule withdrawal schedules for surveillance capsules in reactor vessels purchased after 1982. These changes would reduce regulatory burden, with no effect on public health and safety.

The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing the affidavit of support requirements under section 213A of the Immigration and Nationality Act (INA or the Act). Certain immigrants are required to submit an Affidavit of Support Under Section 213A of the INA (Affidavit) executed by a sponsor who agrees to provide financial support to the sponsored immigrant and accepts liability for reimbursing the costs of any means-tested public benefits a sponsored immigrant receives while the Affidavit is in effect pursuant to section 213A(a)(2) of the INA. DHS proposes to clarify how a sponsor demonstrates the means to maintain income as required under section 213A(f)(6) of the Act such as revising the documentation that sponsors and household members must submit to meet the requirements under section 213A(f) of the Act. DHS proposes to modify when an applicant is required to submit an Affidavit from a joint sponsor, who may be a household member for purposes of executing a Contract Between Sponsor and Household Member (Contract), and who is considered as part of a sponsor's household size. DHS also proposes to update reporting and information sharing requirements between authorized parties and USCIS.