2020 – Federal Register Recent Federal Regulation Documents

NMFS increases the 2020 Atlantic herring annual catch limit and Area 1A sub-annual catch limit by 1,000 mt. This action is required by the herring regulations when, based on data through October 1, the New Brunswick weir fishery lands less than 2,942 mt of herring. This notice is intended to inform the public of these catch limit changes.

This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border. Such travel will be limited to ``essential travel,'' as further defined in this document.

In response to a petition for rulemaking submitted on October 18, 2018 (Gas Industry Petition), the Department of Energy (DOE) published that petition in the Federal Register on November 1, 2018, for public review and input, and DOE subsequently published a proposed interpretive rule in the Federal Register on July 11, 2019. After carefully considering the public comments on its proposed interpretive rule, DOE tentatively determined to consider a more involved class structure which turns on maintenance of compatibility with existing venting categories, and published a notice of supplemental proposed interpretive rulemaking (``NOPIR'') on September 24, 2020. On September 25, 2020, and October 6, 2020, DOE received comments requesting extension of the comment period on the NOPIR. On September 29, 2020, DOE received a comment from the submitters of the Gas Industry Petition requesting prompt action on their petition. Balancing these competing requests, DOE is extending the public comment period for submitting comments and data on the NOPIR to November 9, 2020.

This action proposes to remove the Class E airspace designated as an extension to the Class D airspace and amend the Class E airspace extending upward from 700 and 1,200 feet above ground level (AGL) at Bucholz Army Airfield (AAF), Kwajalein Atoll, Republic of the Marshall Islands. The Class E airspace extending upward from 700 feet would be amended to ensure it does not extend beyond 12 nautical miles (NM) from the outer shoreline of the Atoll into international airspace.

This action proposes to amend the Class D and Class E airspace and establish a Class E airspace area designated as an extension to Class D and Class E surface areas at Sawyer International Airport, Marquette, MI. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Iron Mountain VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Elkhart-Morton County Airport, Elkhart, KS. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Elkhart non- directional beacon (NDB).

This action proposes to amend the Class D and Class E airspace and revoke Class E airspace designated as an extension to Class D and Class E surface areas at Muskegon County Airport, Muskegon, MI. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Muskegon VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.

The Drug Enforcement Administration is correcting a final rule that published in the Federal Register on September 30, 2020. The final rule implemented the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. This change will provide clarity.

The Federal Retirement Thrift Investment Board (FRTIB) is amending its regulations to update the procedures by which it makes its employees and records available in response to subpoenas in legal proceedings in which the FRTIB is not a party.

NMFS issues regulations to implement Amendment 11 to the Fishery Management Plan (FMP) for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the transit provisions for shrimp trawl vessels with penaeid shrimp, i.e., brown, pink, and white shrimp, on board in Federal waters of the South Atlantic that have been closed to shrimp trawling to protect white shrimp as a result of cold weather events. The purpose of this final rule is to update the regulations to more closely align with current fishing practices, reduce the socio-economic impacts for fishermen who transit these closed areas, and improve safety at sea while maintaining protection for overwintering white shrimp.

This regulation establishes tolerances for residues of diquat in or on pea and bean, dry and shelled, except soybean, subgroup 6C. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision to the Jefferson County portion of the Kentucky SIP, submitted by the Commonwealth of Kentucky (Commonwealth), through the Energy and Environment Cabinet (Cabinet) on September 5, 2019. The revision was submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (LMAPCD) and makes changes to the definition of ``Volatile Organic Compound'' (VOC). EPA is approving the changes amending the definition of VOC because the Commonwealth has demonstrated that the changes are consistent with the Clean Air Act (CAA or Act).

The Coast Guard is establishing a dedicated offshore anchorage approximately seven nautical miles northeast of the St. Johns River inlet, Florida. This action is necessary to ensure the safety and efficiency of navigation for all vessels transiting in and out of the Port of Jacksonville.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-200, -200 Freighter, and -300 series airplanes. This AD was prompted by a report that during a certification exercise, it was identified that there was a risk of an engine bleed system over- temperature, without the engine bleed valve closing; the associated engine bleed valve should automatically close. This AD requires revising the existing airplane flight manual (AFM) to incorporate procedures to be applied if an engine bleed over-temperature occurs when the associated engine bleed valve is jammed open, and provides for the optional embodiment of updated flight warning computer (FWC) software, which would terminate the AFM revision, as specified in a European Union Aviation Safety Agency (EASA), which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

In this document, the Commission proposes rules to govern commercial wireless operations in the 3.45-3.55 GHz band. It proposes to add a new primary allocation for fixed and mobile (except aeronautical mobile) services and to adopt technical, licensing, and competitive bidding rules governing licenses in this band. The Commission proposes and seeks comment on coexistence and coordination between new commercial wireless licensees and incumbent federal radiolocation and radionavigation operations, which will continue to operate on a limited basis, but which will remain co-primary with commercial operations. The Commission also proposes and seeks comment on relocation and sunset procedures for incumbent non-federal, secondary operations, which are being cleared from the band.

The Department of State (``Department'') proposes to amend its regulation governing nonimmigrant visas for temporary visitors for business, the B-1 nonimmigrant visa classification, by removing two sentences defining the term ``business'' that are outdated due to changes in the INA since 1952, from when the two sentences originate. With removal of these sentences, the Department would no longer authorize issuance of B-1 visas for certain aliens classifiable as H-1B or H-3 nonimmigrants, commonly referred to as the ``B-1 in lieu of H'' policy, unless the alien independently qualifies for a B-1 visa for a reason other than the B-1 in lieu of H policy.

The Federal Energy Regulatory Commission (Commission) is amending its regulations to remove barriers to the participation of distributed energy resource aggregations in the capacity, energy, and ancillary service markets operated by Regional Transmission Organizations and Independent System Operators (RTO/ISO).

The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to adopt a new airworthiness directive (AD) that would have applied to all The Boeing Company Model 747-400, 747-400F, 747-8F, and 747-8 series airplanes. The NPRM was prompted by reports of dual flight management computer (FMC) cold starts during a critical flight phase such as takeoff and approach. The NPRM would have required an inspection to determine if certain software is installed, installation of FMC operational program software (OPS) and a software configuration check, and applicable concurrent requirements. Since issuance of the NPRM, the FAA determined that the installation of new software, as proposed in the NPRM, does not resolve the unsafe condition identified in the NPRM. Accordingly, the NPRM is withdrawn.

The U.S. Nuclear Regulatory Commission (NRC) will consider, within the scope of a Commission-directed rulemaking (Incorporation of Lessons Learned from New Reactor Licensing Process (Parts 50 and 52 Licensing Process Alignment)), the issue raised in a petition for rulemaking (PRM) submitted by Michael D. Tschiltz, on behalf of the Nuclear Energy Institute (NEI), dated January 15, 2015. The petitioner requested that the NRC amend its regulations to clarify and extend the applicability of its regulations related to risk-informed categorization and treatment of structures, systems, and components (SSCs) for nuclear power reactors. The petition was docketed by the NRC on February 6, 2015, and was assigned Docket No. PRM-50-110. The NRC has determined that the PRM has merit and is appropriate for consideration in the rulemaking process.

The United States Patent and Trademark Office (Office or USPTO) seeks public comments on considerations for instituting trials before the Office under the Leahy-Smith America Invents Act (AIA). The USPTO is considering the codification of its current policies and practices, or the modification thereof, through rulemaking and wishes to gather public comments on the Office's current approach and on various other approaches suggested to the Office by stakeholders. To assist in gathering public input, the USPTO is publishing questions, and seeks focused public comments, on appropriate considerations for instituting AIA trials.

The Coast Guard proposes to modify the operating schedule that governs the Seaboard Systems Railroad Bridge across the Little Manatee River, mile 2.4, at Ruskin, Hillsborough County, FL. This proposed rule would allow the swing bridge to be remotely operated and provide an opening when a three hour notice is given. The proposed rule would also change the name of the bridge to reflect current ownership.

This decision proposes amendments to Marketing Order No. 984 (Order), which regulates the handling of walnuts grown in California and provides growers with the opportunity to vote in a referendum to determine if they favor the changes. The California Walnut Board (Board), which locally administers the Order, recommended proposed amendments that would add authority for the Board to provide credit for certain market promotion expenses paid by handlers against their annual assessments due under the Order and establish requirements to effectuate the new authority. In addition, the Agricultural Marketing Service (AMS) proposed to make any such changes as may be necessary to conform to any amendment that may result from the public hearing.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision was submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for individual major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this action, EPA is only approving source-specific (also referred to as ``case-by-case'') RACT determinations for nine major sources. These RACT evaluations were submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA's implementing regulations.

On April 2, 2020, the U.S. Small Business Administration (SBA) posted on its website an interim final rule relating to the implementation of Sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) (published in the Federal Register on April 15, 2020). Section 1102 of the Act temporarily adds a new product, titled the ``Paycheck Protection Program,'' to the U.S. Small Business Administration's (SBA's) 7(a) Loan Program. Subsequently, SBA and the Department of the Treasury (Treasury) issued additional interim final rules implementing the Paycheck Protection Program (PPP). On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act) was signed into law, amending the CARES Act. This interim final rule revises interim final rules posted on SBA's and the Department of the Treasury's websites on May 22, 2020 (published on June 1, 2020, in the Federal Register) and June 22, 2020 (published on June 26, 2020, in the Federal Register), by providing additional guidance concerning the forgiveness and loan review processes for PPP loans of $50,000 or less and, for PPP loans of all sizes, lender responsibilities with respect to the review of borrower documentation of eligible costs for forgiveness in excess of a borrower's PPP loan amount.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision is an attainment plan for the 2010 sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) in the Indiana County, Pennsylvania SO2 nonattainment area (hereafter referred to as the ``Indiana Area'' or ``Area''). The Indiana Area is comprised of Indiana County and a portion of Armstrong County (Plumcreek Township, South Bend Township, and Elderton Borough) in Pennsylvania. The attainment plan includes the base year emissions inventory, an analysis of the reasonably available control technology (RACT) and reasonably available control measure (RACM) requirements, a reasonable further progress (RFP) plan, a modeling demonstration showing SO2 attainment, enforceable emission limitations and control measures, contingency measures for the Indiana Area, and Pennsylvania's new source review (NSR) permitting program. As part of approving the attainment plan, EPA is approving into the Pennsylvania SIP new SO2 emission limits and associated compliance parameters for Keystone Plant (hereafter referred to as ``Keystone''), and existing SO2 emission limits and associated compliance parameters for Conemaugh Plant, Homer City Generation, and Seward Generation Station (hereafter referred to as ``Conemaugh,'' ``Homer City,'' and ``Seward''). EPA is approving these revisions that demonstrate attainment of the SO2 NAAQS in the Indiana Area in accordance with the requirements of the Clean Air Act (CAA).