2020 – Federal Register Recent Federal Regulation Documents

The FAA is superseding Airworthiness Directive (AD) 2014-26-07 and AD 2019-07-01 which apply to Dassault Aviation Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2019-07-01 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate 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 all ATRGIE Avions de Transport Regional Airplanes Model ATR42-200, -300, and -320 airplanes. This AD was prompted by false activation of the stall warning system due to wiring damage on the wire bundle between an angle of attack (AOA) probe and the crew alerting computer. This AD requires a one-time inspection for discrepancies of the wire bundles between the left- and right-hand AOA probes and the crew alerting computer, and, depending on findings, 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.

The FAA proposes to supersede Airworthiness Directive (AD) 2020-13-02, which applies to certain Leonardo S.p.A. Model A119 and AW119 MKII helicopters. AD 2020-13-02 requires inspecting for movement and the tightening torque of the tail rotor (T/R) plug, the installation of the outboard and inboard faces of the T/R duplex bearing, and the condition of the T/R duplex bearing, T/R plug threads, and nut threads. Depending on the inspection results, AD 2020-13-02 requires corrective actions and reporting information. Since the FAA issued AD 2020-13-02, Leonardo S.p.a. issued updated service information. This proposed AD would retain the requirements of AD 2020- 13-02 except the reporting requirement, update the service information, and require repeating the inspection. The FAA is proposing this AD to address the unsafe condition on these products.

EPA is proposing to amend significant new use rules (SNURs) issued under the Toxic Substances Control Act (TSCA) for certain chemical substances, which were the subject of a premanufacture notice (PMN) and a significant new use notice (SNUN). EPA is proposing these amendments following review of SNUNs for the chemical substances and based on review of new and existing data. Specifically, this action proposes to amend the SNURs to allow certain new uses reported in the SNUNs without additional notification requirements and modify the significant new use notification requirements based on the actions and determinations for the SNUN submissions.

The Coast Guard is establishing a temporary safety zone for navigable U.S. waters in the Detroit River, Detroit, MI. This safety zone is necessary to protect vessels from potential hazards associated with the replacement of the J5D optic line. Entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Detroit.

The Environmental Protection Agency (EPA) is announcing three virtual public meetings on its proposed rulemaking Vessel Incidental Discharge National Standards of Performance. The proposed rulemaking promulgated under the Vessel Incidental Discharge Act (VIDA) of 2018 was published in the Federal Register on October 26, 2020. The three virtual public meetings will be held in November 2020 to provide a brief background on the rulemaking, identify key changes from existing federal requirements, and describe how to submit comments on the proposed rulemaking. More information on the proposed standards and the directions for meeting proceedings are available on the EPA web page at https://www.epa.gov/vessels-marinas-and-ports/vessel-incident al- discharge-act-vida-engagement-opportunities.

The Farm Credit Administration (FCA or we) issued a final rule amending regulations governing how high-risk loans within the Farm Credit System are classified as being in nonaccrual status and revising related reinstatement criteria. In accordance with the law, the effective date of the rule is no earlier than 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session.

The DoD is amending its TRICARE regulation. Specifically, this rule allows coverage of otherwise authorized physical therapy (PT) and occupational therapy (OT) for TRICARE beneficiaries when such services are referred by a TRICARE-authorized Doctor of Podiatric Medicine, also known as a Podiatrist, acting within the scope of his/her license.

NMFS proposes revised 2021 specifications for the summer flounder, scup, and black sea fisheries. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. The proposed specifications are intended to establish allowable harvest levels for these species that will prevent overfishing, consistent with the most recent scientific information.

Petition for Reconsideration (Petition) has been filed in the Commission's proceeding by Patrick J. Whittle, on behalf of Communications Equality Advocates.

The United States Patent and Trademark Office (Office or USPTO) is setting or adjusting certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The changes will allow the USPTO to continue to recover the prospective aggregate costs of strategic and operational trademark and Trademark Trial and Appeal Board (TTAB or Board) goals (based on workload projections included in the USPTO fiscal year (FY) 2021 Congressional Justification), including associated administrative costs. They will also further USPTO strategic objectives by better aligning fees with costs, protecting the integrity of the trademark register, improving the efficiency of agency processes, and ensuring financial sustainability to facilitate effective trademark operations. USPTO has weighed carefully current economic conditions and the potential hardship that the fee increase could create for businesses and individuals. The Office paused development of the fee rule because of uncertainty about the economy earlier this year. The latest economic data point to continued recovery in many sectors of the economy. Because of this and the relatively small annual cost to businesses and individuals from USPTO's trademark applications and maintenance fees, the Office has decided to finalize the fee rule for implementation in January 2021.

The Federal Communications Commission published a document in the Federal Register on October 23, 2020, adopting rules concerning ancillary services charges associated with interstate inmate calling services. The document contained typos.

This rule replaces references to outdated position titles and office names with references to current positions and offices and corrects two typographical errors. These corrections will clarify the regulation, including clarifying that appeals of decisions of the Bureau of Indian Affairs (BIA) Regional Director made regarding Columbia River In-Lieu Fishing Sites go to the Assistant Secretary.

The Department of State (the Department) proposes regulations to continue a registration program and hand delivery procedures for courier companies used by applicants to transport their passport applications, and U.S. passports issued to them, to and from participating passport agencies. The purpose of these proposed rules is to continue the program that was established by policy, to maintain vigilance over the security of the passport application process, require companies to register with the Department prior to providing hand delivery services to certain applicants for U.S. passports, and to follow a uniform set of hand delivery procedures.

The U.S. Fish and Wildlife Service (Service or we) is revising the migratory bird subsistence harvest regulations in Alaska. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. This rule incorporates regulatory revisions requested by these partners.

We, the U.S. Fish and Wildlife Service (Service), recently proposed to reclassify the endangered red-cockaded woodpecker (Dryobates borealis) as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973 (Act), as amended. We announced a 60-day public comment period on the proposed rule, ending December 7, 2020. We now announce a public informational meeting and public hearing on the proposed rule.

This document announces the reapportionment of 40,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 16, 2020. This reapportionment is to allow full utilization of the Pacific whiting resource.

This temporary rule implements an interim catch limit (ICL) of 13,000 lb of American Samoa bottomfish for fishing years 2020 and 2021 during the effective period of the rule. NMFS will monitor catches, and if the fishery reaches the ICL within a fishing year, we will close the fishery in Federal waters through the end of the fishing year, or through the end of the effective period of this rule, whichever comes first. These interim management measures are necessary to reduce overfishing of American Samoa bottomfish while minimizing socio- economic impacts to fishing communities. This temporary rule supports the long-term sustainability of American Samoa bottomfish.

This final regulation establishes the requirements for registering with the Department of Labor as a ``pooled plan provider'' for ``pooled employer plans'' under the Employee Retirement Income Security Act of 1974, as amended (ERISA). The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) provides that newly permitted pooled plan providers can begin offering pooled employer plans on January 1, 2021, but requires such persons to register with the Secretary of Labor before beginning operations. This final regulation also establishes a new formEBSA Form PR (Pooled Plan Provider Registration)as the required filing format for pooled plan provider registrations. The Form PR must be filed electronically with the Department of Labor. Filing the Form PR with the Department of Labor also satisfies the SECURE Act requirement to register with the Department of the Treasury. This final regulation affects persons wishing to serve as pooled plan providers, defined contribution pension benefit plans that are operated as pooled employer plans, employers participating in such plans, and participants and beneficiaries covered by such plans.

This action modifies the Class E airspace extending upward from 700 feet above the surface at Bear Lake County Airport, Paris, ID, to accommodate new Area Navigation (RNAV) procedures at the airport. This action will ensure the safety and management of instrument flight rules (IFR) operations within the National Airspace System.

This rule revises National Park Service regulations to comply with the decision of the U.S. Supreme Court in Sturgeon v. Frost. In the Sturgeon decision, the Court held that National Park Service regulations apply exclusively to public lands (meaning federally owned lands and waters) within the external boundaries of National Park System units in Alaska. Lands which are not federally owned, including submerged lands under navigable waters, are not part of the units subject to the National Park Service's ordinary regulatory authority.

This direct final rule removes information on NASA's Cooperative Agreements with Commercial Firms because this information is already available in another section of the Code of Federal Regulations and in NASA's Grant and Cooperative Agreements Manual (GCAM).

The Environmental Protection Agency (EPA) is taking final action to find that five states failed to submit State Implementation Plan (SIP) revisions required by the Clean Air Act (CAA) in a timely manner to address reasonably available control technology (RACT) requirements associated with the 2016 Oil and Natural Gas Industry Control Techniques Guidelines (CTG) for reducing volatile organic compounds (VOC) in certain nonattainment areas for the 2008 ozone National Ambient Air Quality Standards (NAAQS) and in states in the ozone transport region (OTR). The states that failed to submit the required SIP revisions to address the CTG-related RACT requirements are California, Connecticut, New York, Pennsylvania, and Texas. This action triggers certain CAA deadlines for the EPA to impose sanctions if a state does not submit a complete SIP addressing the outstanding requirements and for the EPA to promulgate a Federal Implementation Plan (FIP) if the EPA does not approve the state's SIP revision.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is notifying the public that we have received CAA section 111(d)/129 negative declarations from Arkansas, New Mexico, and Albuquerque-Bernalillo County, New Mexico, for existing incinerators subject to the Commercial and Industrial Solid Waste Incineration units (CISWI) emission guidelines (EG). These negative declarations certify that incinerators subject to CISWI EG and the requirements of sections 111(d) and 129 of the CAA do not exist within the jurisdictions of Arkansas, New Mexico, and Albuquerque- Bernalillo County. The EPA is accepting the negative declarations and amending the CFR in accordance with the requirements of the CAA.

In this document, known as a Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of domestic plant and animal species that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period October 1, 2018, through September 30, 2020. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of domestic species that are candidates for listing is 11. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, and by allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting earlier candidate conservation measures to alleviate threats to the species. This document also adds the Sonoran desert tortoise back to the candidate list as a result of an August 3, 2020, court-approved settlement agreement.