2020 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection to conduct short, quick-turnaround surveys of State and local agencies providing food, education, and other services in the Child Nutrition and Supplemental Nutrition and Safety Programs administered at the federal level by the Food and Nutrition Service (FNS). These programs include the Special Supplemental Nutrition Program for Women, Infants, and Children; National School Lunch Program; School Breakfast Program; Special Milk Program; Fresh Fruit and Vegetable Program; Summer Food Service Program; Child and Adult Care Food Program; USDA Foods in Schools; Food Distribution Program on Indian Reservations; The Emergency Food Assistance Program; and the Commodity Supplemental Food Program.

The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for the information collection requirements in the Business Opportunity Rule (``Rule''). That clearance expires on January 31, 2021.

The Food and Drug Administration (FDA, the Agency, or we) is extending the comment period for the proposed rule and reopening the comment period for the information collection related to the proposed rule entitled ``Requirements for Additional Traceability Records for Certain Foods'' that appeared in the Federal Register of September 23, 2020. We are taking this action in response to a request from stakeholders to extend the comment period to allow additional time for interested persons to submit comments on the proposed rule. We also are taking this action to keep the comment period for the information collection provisions associated with the rule consistent with the comment period for the proposed rule.

This document contains a class exemption from certain prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974, as amended (the Act). Title I of the Act codified a prohibited transaction provision in title 29 of the U.S. Code (referred to in this document as Title I). Title II of the Act codified a parallel provision now found in the Internal Revenue Code of 1986, as amended (the Code). These prohibited transaction provisions of Title I and the Code generally prohibit fiduciaries with respect to ``plans,'' including workplace retirement plans (Plans) and individual retirement accounts and annuities (IRAs), from engaging in self-dealing and receiving compensation from third parties in connection with transactions involving the Plans and IRAs. The provisions also prohibit purchasing and selling investments with the Plans and IRAs when the fiduciaries are acting on behalf of their own accounts (principal transactions). This exemption allows investment advice fiduciaries to plans under both Title I and the Code to receive compensation, including as a result of advice to roll over assets from a Plan to an IRA, and to engage in principal transactions, that would otherwise violate the prohibited transaction provisions of Title I and the Code. The exemption applies to Securities and Exchange Commissionand state- registered investment advisers, broker-dealers, banks, insurance companies, and their employees, agents, and representatives that are investment advice fiduciaries. The exemption includes protective conditions designed to safeguard the interests of Plans, participants and beneficiaries, and IRA owners. The class exemption affects participants and beneficiaries of Plans, IRA owners, and fiduciaries with respect to such Plans and IRAs. This notice also sets forth the Department's final interpretation of when advice to roll over Plan assets to an IRA will be considered fiduciary investment advice under Title I and the Code.

The Food and Drug Administration (FDA or we) proposes to revoke the standard of identity and the standard of quality for frozen cherry pie. This action, in part, responds to a citizen petition submitted by the American Bakers Association (ABA). We tentatively conclude that these standards are no longer necessary to promote honesty and fair dealing in the interest of consumers. We also tentatively conclude that revoking the standards of identity and quality for frozen cherry pie would provide greater flexibility in the product's manufacture, consistent with comparable, nonstandardized foods available in the marketplace.

The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled the Prevention Research Centers (PRC) National Program Evaluation Reporting System (PERS). The purposes of the information collection system are to monitor progress on PRC program inputs, activities, outputs, and outcomes; support program management, evaluation, and improvement; facilitate internal and external reporting; and demonstrate accountability for Congressional funding. CDC has received and incorporated feedback from PRCs on the current version of PERS.

The Food and Drug Administration (FDA or we) is announcing the availability of a final guidance for industry entitled ``The Use of an Alternate Name for Potassium Chloride in Food Labeling.'' This guidance explains our intent to exercise enforcement discretion for the declaration of the name ``potassium salt,'' as an alternative to ``potassium chloride,'' in the ingredient statement on the labels of foods that contain potassium chloride as an ingredient.

As a result of continued disruptions and uncertainty to the U.S. food agriculture sector during the upcoming winter and spring agricultural seasons caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department of Homeland Security, (``DHS'' or ``the Department''), U.S. Citizenship and Immigration Services, has decided it is necessary to temporarily extend the amendments to certain regulations regarding temporary and seasonal agricultural workers, and their U.S. employers, within the H-2A nonimmigrant classification. Through this temporary final rule DHS is extending the provisions of the August 20, 2020, temporary final rule. Namely, DHS will continue to allow H-2A employees whose extensions of stay H-2A petitions are supported by valid temporary labor certifications issued by the U.S. Department of Labor to begin work with a new employer immediately after the extension of stay petition is received by USCIS. DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if they were received on or after December 18, 2020, but no later than June 16, 2021. The temporary extension of these flexibilities will ensure that agricultural employers have access to the orderly and timely flow of legal foreign workers, thereby protecting the integrity of the nation's food supply chain and decreasing possible reliance on unauthorized aliens, while at the same time encouraging agricultural employers' use of the H-2A program, which protects the rights of U.S. and foreign workers.

This proposed rule would place new requirements on state Medicaid and CHIP fee-for-service (FFS) programs, Medicaid managed care plans, CHIP managed care entities, and Qualified Health Plan (QHP) issuers on the Federally-facilitated Exchanges (FFEs) to improve the electronic exchange of health care data, and streamline processes related to prior authorization, while continuing CMS' drive toward interoperability, and reducing burden in the health care market. In addition, on behalf of the Department of Health and Human Service (HHS), the Office of the National Coordinator for Health Information Technology (ONC) is proposing the adoption of certain specified implementation guides (IGs) needed to support the proposed Application Programming Interface (API) policies included in this rule. Each of these elements plays a key role in reducing overall payer and provider burden and improving patient access to health information.

As part of the Commission's systematic review of all current FTC rules and guides, the Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC's Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products (the ``Amplifier Rule'' or ``Rule'').

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Welch Causeway (SR 699) Bridge, mile 122.8 at Madeira Beach, Florida. A request was made to place the drawbridge on a daily operating schedule to alleviate vehicle congestion due to on demand bridge openings. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes.

The Coast Guard will enforce one safety zone for an annual firework display in the Area of Responsibility of the Captain of the Port Sector Puget Sound. This action is necessary to protect life and property from hazards associated with the firework display. During the enforcement periods, entry into, transit through, mooring, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Sector Puget Sound or a Designated Representative.

The U.S. Nuclear Regulatory Commission (NRC) is announcing the withdrawal, without prejudice to a future filing, of a petition for rulemaking (PRM), PRM-26-6, ``Minimum Day Off Requirement for Security Officers,'' submitted to the NRC by Erik Erb and 91 co-signers (the petitioners) on August 17, 2010. The petitioners requested that the NRC amend its regulations to decrease the minimum days off requirement for security officers working 12-hour shifts from an average of 3 days per week to 2.5 or 2 days per week. The petitioner withdrew PRM-26-6 by email dated December 10, 2019.

FRA is proposing to revise its regulations governing changes to positive train control (PTC) systems and reporting on PTC system functioning. First, recognizing that the railroad industry intends to enhance further FRA-certified PTC systems to continue improving rail safety and PTC technology's reliability and operability, FRA proposes to modify the process by which a host railroad must submit a request for amendment (RFA) to FRA before making certain changes to its PTC Safety Plan (PTCSP) and FRA-certified PTC system. Second, to enable more effective FRA oversight, FRA proposes to: Expand an existing reporting requirement by increasing the frequency from annual to biannual; broaden the reporting requirement to encompass positive performance-related information, not just failure-related information; and require host railroads to utilize a new, standardized Biannual Report of PTC System Performance (Form FRA F 6180.152). Overall, the proposed amendments would benefit the railroad industry, the public, and FRA, by reducing unnecessary costs, facilitating innovation, and improving FRA's ability to oversee PTC system performance and reliability, while not negatively affecting rail safety.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is adopting final rules to amend certain parts of its regulations relating to the execution of package transactions on swap execution facilities (``SEFs'') and the resolution of error trades on SEFs. These matters are currently the subject of relief in certain no- action letters from Commission staff.

This Federal Management Regulation (FMR) bulletin recommends Federal agencies establish policies addressing Government-issued fleet charge card compliance with Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232) and security risks associated with fleet charge card transactions.

The FAA is adopting a new airworthiness directive (AD) for all ATRGIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72 airplanes. This AD was prompted by a report of damage found on a wire bundle connecting an angle-of-attack (AOA) probe and a multi-function computer (MFC), which can inhibit activation of the stick pusher without any indication to the flight crew by the stall warning system. This AD requires a repetitive operational test for discrepancies of the stall warning system and stick pusher in the flight configuration, an inspection for discrepancies in the wiring bundles between AOA probes and MFCs, and corrective action 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 Department of Health and Human Services (HHS) is updating the organizational structure of the Office of Grants in the Office of the Assistant Secretary for Financial Resources (ASFR), which is located within the Office of the Secretary. ASFR is modifying the Office of Grants organizational structure to further improve and streamline its operation and to assume responsibility for maintaining and operating the GrantSolutions System currently aligned to the National Grant Center of Excellence (COE) in the Administration for Children and Families (ACF). The changes proposed affect HHS organizational Chapter AM Section AMU1 and AMU2 and Chapter KP Section KPA.