November 2020 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for certain Polskie Zaklady Lotnicze Sp. z o.o. Model PZL M28 05 airplanes. This 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 defective thermo-shrinkable tubes installed on the electrical harnesses located in the fuel tanks. This AD requires a one-time inspection of the electrical harnesses located in the fuel tanks and, depending on findings, replacement of the affected harness. The FAA is issuing this AD to address the unsafe condition on these products.

We, the U.S. Fish and Wildlife Service (Service or USFWS), have evaluated the classification status of the gray wolf (Canis lupus) entities currently listed in the lower 48 United States and Mexico under the Endangered Species Act of 1973, as amended (Act). Based on our evaluation, we are removing the gray wolf entities in the lower 48 United States and Mexico, except for the Mexican wolf (C. l. baileyi), that are currently on the List of Endangered and Threatened Wildlife. We are taking this action because the best available scientific and commercial data available establish that the gray wolf entities in the lower 48 United States do not meet the definitions of a threatened species or an endangered species under the Act. The effect of this rulemaking action is that C. lupus is not classified as a threatened or endangered species under the Act. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act. In addition, we announce a 90-day finding on a petition to maintain protections for the gray wolf in the lower 48 United States as endangered or threatened distinct population segments. Based on our review, we find that the petition does not present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, we are not initiating status reviews of the petitioned entities in response to the petition.

This document proposes the methodology and data sources necessary to determine Federal payment amounts to be made for program year 2022 to states that elect to establish a Basic Health Program under the Patient Protection and Affordable Care Act to offer health benefits coverage to low-income individuals otherwise eligible to purchase coverage through Affordable Insurance Exchanges.

On August 26, 2019, the Department of Justice (``Department'') published an interim final rule (``IFR'') amending the regulations related to the internal organization of the Executive Office for Immigration Review (``EOIR''). The amendments reflected changes related to the establishment of EOIR's Office of Policy (``OP'') in 2017, made related clarifications or changes to the organizational role of EOIR's Office of the General Counsel (``OGC'') and Office of Legal Access Programs (``OLAP''), updated the Department's organizational regulations to align them with EOIR's regulations, made nomenclature changes to the titles of the members of the Board of Immigration Appeals (``BIA'' or ``Board''), provided for a delegation of authority from the Attorney General to the EOIR Director (``Director'') related to the efficient disposition of appeals, and clarified the Director's authority to adjudicate cases following changes to EOIR's Recognition and Accreditation Program (``R&A Program'') in 2017. This final rule responds to comments received and adopts the provisions of the IFR with some additional amendments: Restricting the authority of the Director regarding the further delegation of certain regulatory authorities, clarifying that the Director interprets relevant regulatory provisions when adjudicating recognition and accreditation (``R&A'') cases, and reiterating the independent judgment and discretion by which the Director will consider cases subject to his adjudication.

The Environmental Protection Agency (EPA) is exempting residues of the antimicrobial pesticide ingredients dipropylene glycol and triethylene glycol from the requirement of a tolerance when used on or applied to food-contact surfaces in public eating places, dairy- processing equipment, and food-processing equipment and utensils. The Agency is finalizing this rule on its own initiative under the Federal Food, Drug, and Cosmetic Act (FFDCA) to address residues identified as part of the Agency's registration review program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

This document contains corrections to the final regulations (Treasury Decision 9901) that were published in the Federal Register on Wednesday July 15, 2020. Treasury Decision 9901 contained final regulations that provide guidance regarding the deduction for foreign- derived intangible income (FDII) and global intangible low-taxed income (GILTI) and for coordinating the deduction for FDII and GILTI with other provisions in the Internal Revenue Code.

The Securities and Exchange Commission (the ``Commission'') is adopting revisions to Volume II of the Electronic Data Gathering, Analysis, and Retrieval System (``EDGAR'') Filer Manual (``EDGAR Filer Manual'' or ``Filer Manual'') and related rules. The EDGAR system was upgraded on September 21, 2020.

The United States Patent and Trademark Office (USPTO) issues this final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), which is published by the World Intellectual Property Organization (WIPO), and will become effective on January 1, 2021.

This final rule amends NHTSA's regulation on anthropomorphic test devices (ATD) to add design and performance specifications for a test dummy representing a 3-year-old child, called the ``Q3s'' test dummy. The Q3s is an instrumented dummy that can assess the performance of child restraint systems in protecting small children in side impacts. Adding the Q3s provides NHTSA a new test device that can be used to improve side impact protection for children.

The Department of Homeland Security (DHS or the Department) proposes to amend its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement will be suspended), by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment. This proposed rule would not affect the order of selection as between the regular cap and the advanced degree exemption. The wage level ranking would occur first for the regular cap selection and then for the advanced degree exemption. Rote ordering of petitions leads to impossible results because petitions are submitted simultaneously. A random lottery system is reasonable, but inconsiderate of Congress's statutory purposes for the H-1B program and its administration. Instead, a registration system that faithfully implements the INA while prioritizing registrations based on wage level within each cap would increase the average and median wage levels of H-1B beneficiaries who would be selected for further processing under the H-1B allocations. Moreover, it would maximize H-1B cap allocations, so that they more likely would go to the best and brightest workers.

This action proposes special conditions for the Leonardo S.p.A. (Leonardo) Model A119 and AW119 MKII helicopters. These helicopters as modified by AgustaWestland Philadelphia Corporation (AWPC) will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for helicopters. This design feature is the optional closed circuit refueling receiver (CCRR). 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.

The FAA is superseding Airworthiness Directive (AD) 2019-23- 03, which applied to certain Dassault Aviation Model FALCON 900EX airplanes. AD 2019-23-03 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and/or airworthiness limitations. This AD continues to require those maintenance or inspection program revisions, and also requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model EC 155B and EC155B1 helicopters. This proposed AD was prompted by a report that non-destructive tests of the main gearbox (MGB) housing may have been evaluated incorrectly during production. This proposed AD would require replacing affected MGBs with serviceable MGBs, 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 FAA is superseding Airworthiness Directive (AD) 2019-24- 11, which applied to certain Dassault Aviation Model FALCON 900EX airplanes. AD 2019-24-11 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD continues to require those maintenance or inspection program revisions, and also requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Model PC-12/47E airplanes. This AD was 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 seizing of a main landing gear (MLG) spring pack assembly. This AD requires replacement of affected parts and prohibits (re)installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Textron Aviation Inc. (Textron) Models 180, 180A, 180B, 180C, 180D, 180E, 180F, 180G, 180H, 180J, 180K, 182, 182A, 182B, 182C, 182D, 185, 185A, 185B, 185C, 185D, 185E, A185E, and A185F airplanes. This AD was prompted by a report of cracks found in the tailcone and horizontal stabilizer attachment structure. This AD requires inspecting the tailcone and horizontal stabilizer for corrosion and cracks and repairing or replacing damaged parts as necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-400, - 401, and -402 airplanes. This proposed AD was prompted by a report of main landing gear (MLG) retractions after striking an obstacle or severe wheel imbalance after a tire failure. This proposed AD would require inspections for correct height of the lock link over-center stop pin and for correct gaps of the left-hand and right-hand MLG downlock proximity sensors, replacement of the shim if necessary, and corrective actions, and installation of a new improved proximity sensor electronic unit (PSEU) with software changes. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS-365N2, AS 365 N3, EC 155B, EC155B1, and SA- 365N1 helicopters. This AD requires inspecting the tail rotor gearbox (TGB) housing recess, and depending on the inspection results, performing more in-depth inspections and removing certain parts from service. This AD also prohibits installing a TGB unless it has passed certain inspections and has a new TGB control rod bearing installed. This AD was prompted by the discovery of a foreign object obstructing the oil duct of a TGB control bearing. The actions of this AD are intended to address an unsafe condition on these products.

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.

This action amends the Class E airspace extending upward from 700 feet above the surface at Ohio County Airport, Hartford, KY. This action is the result of an airspace review caused by the decommissioning of the Central City VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

The Coast Guard is proposing to establish permanent safety zones for certain waters of the Christiansted Harbor, St. Croix, United States Virgin Islands when liquefied gas carriers are in transit to, moored, or aredeparting from the Virgin Island Water and Power Authority (WAPA) dock. This action is necessary to provide for the safety of life on these navigable waters near the WAPA dock. This proposed rulemaking would prohibit persons and vessels from being in the safety zones unless authorized by the Captain of the Port San Juan or a designated representative. We invite your comments on this proposed rulemaking.

The ``Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act of 2018 (the SUPPORT Act),'' which became law on October 24, 2018, amended the Controlled Substances Act to expand the conditions a practitioner must meet to provide medication-assisted treatment and expand the options available for a physician to be considered a qualifying physician. The SUPPORT Act removed the time period for a nurse practitioner or physician assistant to be considered a qualifying other practitioner, and revised the definition of a qualifying practitioner. The SUPPORT Act also allows a pharmacy to deliver prescribed controlled substances to a practitioner's registered location for the purpose of maintenance or detoxification treatment to be administered under certain conditions by a practitioner. The Drug Enforcement Administration amends its regulations to make them consistent with the SUPPORT Act and implement its requirements.

On April 16, 2020, the Consumer Financial Protection Bureau (Bureau) issued the ``Home Mortgage Disclosure (Regulation C)'' final rule (HMDA Thresholds Final Rule). The Section-by-Section Analysis in the Supplementary Information to the HMDA Thresholds Final Rule contained several clerical errors regarding the estimated cost savings in annual ongoing costs from various possible closed-end coverage thresholds as compared to the then-current coverage threshold of 25 closed-end mortgage loans. This document corrects those errors.

The Equal Employment Opportunity Commission (EEOC or Commission) is issuing a final rule to establish procedural regulations for issuing guidance. These rules make guidance documents readily available to the public, ensure that guidance will be treated as non- binding, require a notice and public comment period for significant guidance, and establish a public petition process for the issuance, amendment, or repeal of guidance.

The Bureau of Land Management (BLM) is amending its off-road vehicle (ORV) regulations to add a definition for electric bikes (e- bikes) and, where certain criteria are met and an authorized officer expressly determines through a formal decision that e-bikes should be treated the same as non-motorized bicycles, expressly exempt those e- bikes from the definition of ORV. The regulatory change effectuated by this rule has the potential to facilitate increased recreational opportunities for all Americans, especially those with physical limitations, and could encourage additional enjoyment of lands and waters managed by the BLM.