November 2020 – Federal Register Recent Federal Regulation Documents

The Federal Deposit Insurance Corporation (FDIC) published an interagency final rule in the Federal Register on November 1, 2019, that revises the criteria for determining the applicability of regulatory capital and liquidity requirements for large U.S. banking organizations and the U.S. intermediate holding companies of certain foreign banking organizations. This final rule aligns the applicability of the enhanced supplementary leverage ratio for purposes of the prompt corrective action provisions in the FDIC's capital rule to its intended scope.

NMFS corrects the final rule that implemented management measures described in Regulatory Amendment 27 (Regulatory Amendment 27) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), which published in the Federal Register on January 27, 2020. That final rule modified management measures for commercially-caught red porgy in the South Atlantic exclusive economic zone (EEZ). In that final rule, NMFS inadvertently neglected to remove a regulation prohibiting the sale and purchase of red porgy during the months of January through April. The purpose of this correcting amendment is to fix that error.

The U.S. Department of Homeland Security (DHS) is proposing to eliminate employment authorization eligibility for aliens who have final orders of removal but are temporarily released from custody on an order of supervision with one narrow exception. DHS proposes to continue to allow employment authorization for aliens for whom DHS has determined that their removal is impracticable because all countries from whom travel documents have been requested have affirmatively declined to issue a travel document and who establish economic necessity. DHS intends for this rule to reduce the incentive for aliens to remain in the United States after receiving a final order of removal and to strengthen protections for U.S. workers. DHS is also proposing to clarify that aliens who have been granted a deferral of removal based on the United States' obligations under the United Nations (U.N.) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) are similarly situated to aliens granted withholding of removal under the Immigration and Nationality Act (INA) and regulations implementing CAT, in that they cannot be removed to the country in question while the order deferring their removal is in place. As such, DHS is proposing to treat aliens granted CAT deferral of removal as employment authorized based upon the grant of deferral of removal.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. This AD requires inspecting the main rotor (M/R) hub assembly (hub) phonic wheel lock washer (lock washer) for correct installation and depending on the outcome, repairing or replacing the M/R hub. This AD was prompted by reported occurrences of M/R revolutions per minute (``NR'') sensor fluctuations. 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 all Airbus Helicopters Model EC130B4 helicopters. This AD was prompted by reports of inflight detachment of the left-hand (LH) side cabin sliding doors and cases of impact damage on the main rotor blades, which were caused by degradation of the sliding door locking mechanism. This AD requires repetitive checks (measurements) of the load that operates the sliding door opening mechanism, repetitive inspections of the markings of the attachment screws for proper alignment, modifying the attachment system of the sliding door, and corrective actions if necessary, 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 U.S. Department of Agriculture, Forest Service (Agency) is adopting a final rule amending its National Environmental Policy Act (NEPA) regulations. The final rule establishes new and revised categorical exclusions (pertaining to certain special use authorizations, infrastructure management activities, and restoration and resilience activities) and adds the determination of NEPA adequacy provision to the Agency's NEPA regulations. These amendments will increase efficiency in the Agency's environmental analysis and decision-making while meeting NEPA's requirements and fully honoring the Agency's environmental stewardship responsibilities. Public comment has informed and improved the final rule.

The Coast Guard is proposing to modify the operating schedules that govern the new Route 7 Bridge, mile 3.1, crossing the Hackensack River, at Jersey City, NJ. The bridge owner, the New Jersey Department of Transportation (NJDOT), submitted a request to allow the bridge to require four hours advance notice for bridge openings. It is expected that this change to the regulations will create efficiency in drawbridge operations and better serve the needs of the community while continuing to meet the reasonable needs of navigation.

This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to change subcommittee size and add term limits under the marketing order for tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin.

This notice announces that DHS is withdrawing a notice of proposed rulemaking published in the Federal Register on April 24, 2008 which proposed to require commercial air and vessel carriers to collect biometric information from certain aliens departing the United States and submit this information to the Department of Homeland Security (DHS) within a certain timeframe.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the frecklebelly madtom (Noturus munitus), a fish species from Louisiana, Mississippi, Alabama, Georgia, and Tennessee, as an endangered or threatened species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the frecklebelly madtom as an endangered or a threatened species throughout all of its range is not warranted. However, we determined that listing is warranted for a distinct population segment (DPS) of the frecklebelly madtom in the Upper Coosa River in Georgia and Tennessee. Accordingly, we propose to list the Upper Coosa River DPS of the frecklebelly madtom as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this DPS to the List of Endangered and Threatened Wildlife and extend the Act's protections to the DPS. We also propose to designate critical habitat for the Upper Coosa River DPS under the Act. In total, approximately 134 river miles (216 kilometers) in Georgia and Tennessee fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Upper Coosa River DPS.

The Environmental Protection Agency (EPA) is finalizing the removal of the air pollution nuisance rule from the Ohio State Implementation Plan (SIP) using a Clean Air Act (CAA) error correction provision. EPA has determined that this rule was not relied upon by Ohio to demonstrate implementation, maintenance or enforcement of any national ambient air quality standard (NAAQS). Upon the effective date of this action, the nuisance rule will no longer be part of the Ohio SIP.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from the surface coating operations of plastic parts and products. We are approving a local rule to regulate these emission sources under the Clean Air Act (CAA or the ``Act''), and we are approving a negative declaration for a subcategory of a control techniques guidelines (CTG) source in the SMAQMD.

The Securities and Exchange Commission (the ``Commission'') is adopting a new rule under the Investment Company Act of 1940 (``Investment Company Act'' or ``Act'') to streamline and enhance the regulatory framework applicable to funds that invest in other funds (``fund of funds'' arrangements). In connection with the new rule, the Commission is rescinding rule 12d1-2 under the Act and certain exemptive relief that has been granted from sections 12(d)(1)(A), (B), (C), and (G) of the Act permitting certain fund of funds arrangements. Finally, the Commission is adopting related amendments to rule 12d1-1 under the Act and to Form N-CEN.

This document contains final regulations that provide guidance regarding programs under the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act). The ABLE Act provides rules under which States or State agencies or instrumentalities may establish and maintain a Federal tax-favored savings program for eligible individuals with a disability who are the owners and designated beneficiaries of accounts to which contributions may be made to meet qualified disability expenses. These accounts also receive favorable treatment for purposes of certain means-tested Federal programs. In addition, these final regulations provide corresponding amendments to the unrelated business income tax regulations, the gift and generation- skipping transfer tax regulations, and the electronic filing requirements regulations. These regulations affect eligible individuals that are designated beneficiaries of accounts established and maintained under the ABLE Act.

The United States Patent and Trademark Office (USPTO or Office) published a request for comments in the Federal Register on October 20, 2020, seeking public comment on considerations for instituting trials before the Office under the Leahy Smith America Invents Act (AIA). Through this document, the USPTO is extending the period for public comment until December 3, 2020.

This action proposes to amend Class D airspace, and Class E airspace extending upward from 700 feet above the surface at Smyrna Airport, Smyrna, TN. An evaluation of airspace in the area determined this airport to require an adjustment of Class D and E airspace. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-1041 airplanes. This AD was prompted by a report that, during testing, wear was found on the drive strut anti-rotation knuckles and lever bearing assembly (LBA) bushes on a certain flap station. This AD requires repetitive inspections for wear or corrosion damage of the drive strut anti-rotation knuckles and LBA bushes, and applicable corrective actions, 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.

NMFS issues this proposed rule to revise the annual reference points, including the overfishing limit (OFL), acceptable biological catch (ABC) and annual catch limit (ACL), for the central subpopulation of northern anchovy in the U.S. exclusive economic zone off the west coast under the Coastal Pelagic Species Fishery Management Plan. NMFS prepared this rulemaking in response to a September 2020 court decision (Oceana, Inc. v. Ross et al.) that vacated the OFL, ABC, and ACL for the central subpopulation of northern anchovy and ordered NMFS to promulgate a new rule in compliance with the Magnuson-Stevens Fishery Conservation and Management Act and Administrative Procedure Act. NMFS is proposing an OFL of 119,153 metric tons (mt), an ABC of 29,788 mt, and an ACL of 25,000 mt. If the ACL for this stock is reached or projected to be reached, then fishing will be closed until it reopens at the start of the next fishing season. This rule is intended to conserve and manage the central subpopulation of northern anchovy off the U.S. West Coast.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 777 airplanes. This proposed AD was prompted by reports that, during investigation of a fuel leak, fatigue cracking was found on the forward inboard side of the fuel tank access door cutouts on the left and right lower wing skin. The cause of the cracking is attributed to corrosion damage. This proposed AD would require repetitive inspections for any existing repair of the wing lower skin fuel tank and dry bay access door cutouts on the left and right lower wing skin, and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

In this document, the Commission eliminates the rules requiring that cable operators maintain records in their online public inspection files regarding the nature and extent of their attributable interests in video programming services, as well as information regarding cable operators' carriage of such vertically integrated video programming services on cable systems in which they have an attributable interest.

This final rule sets forth internal Agency policies, processes and procedures governing development, review and clearance of guidance documents.

The National Aeronautics and Space Administration (NASA) is adopting, without change, an interim rule that implements the provisions of the TREAT Astronauts Act to provide for the medical monitoring and diagnosis of conditions that are potentially spaceflight-associated and treatment of conditions that are spaceflight-associated for former U.S. Government astronauts and payload specialists.

The Maritime Advisory Committee for Occupational Safety and Health was formed in 1995 as a discretionary committee under Section 7(b) of the Occupational Safety and Health Act of 1970 (OSH Act) to advise, consult with, and make recommendations on matters relating to the maritime industry. On December 20, 2019, the President signed the National Defense Authorization Act for Fiscal Year 2020, which establishes a Maritime Advisory Committee on Occupational Safety and Health (MACOSH) as a statutorily-mandated entity of indefinite duration. In this final rule, OSHA amends the regulation on advisory committee policies and procedures to implement this change in the authority for MACOSH.

The U.S. Department of Commerce (``Department'') is issuing this document to inform the public of a preliminary injunction ordered by a Federal district court on October 30, 2020, preventing the implementation of specific Department actions.

On October 30, 2020, FEMA published in the Federal Register a final rule revising publication requirements for community eligibility status information under the National Flood Insurance Program that contained erroneous amendatory instructions. This final rule provides corrections to those instructions, to be used in lieu of the information published October 30.