2020 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA or Agency) is hereby approving an application from the State of Wyoming under the Safe Drinking Water Act (SDWA) to implement an underground injection control (UIC) program for Class VI injection wells to protect underground sources of drinking water located within the state, except within Indian lands. EPA will continue to administer all well classes within Indian lands. Class VI wells are used for the underground injection of carbon dioxide into deep subsurface rock formations for long-term storage.

NASA is issuing a final rule to amend the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) to remove the sections governing ``Use of Government property for commercial work'' from NFS as this only affects the internal Agency administrative procedures and has no cost or administrative impact on contractors or prospective contractors.

The Department of Veterans Affairs (VA) adopts as final with no changes, a proposed rule amending its regulations on disclosure of certain records. Recent changes in law, to include the VA MISSION Act of 2018, now authorize VA to disclose certain protected records to non- VA entities for purposes of providing health care or performing other health care-related activities or functions to include recovering or collecting reasonable charges for care furnished.

This document contains final regulations that provide guidance regarding the base erosion and anti-abuse tax imposed on certain large corporate taxpayers with respect to certain payments made to foreign related parties. The final regulations affect corporations with substantial gross receipts that make payments to foreign related parties.

Revisions to certain of the Federal Communications Commission's pole attachment rules were published in the Federal Register on September 14, 2018. However, that document incorrectly listed a cross-reference in one section of the Commission's rules, and this document corrects those final regulations.

The Environmental Protection Agency (EPA) is proposing updates to the Code of Federal Regulations (CFR) to codify its findings that nine areas in four states attained the revoked 1997 8-hour ozone National Ambient Air Quality Standards (herein referred to as the 1997 ozone NAAQS) by the applicable attainment dates. The parallel direct final rule is published in the ``Rules and Regulations'' section of this issue of the Federal Register because the Agency views this as a noncontroversial action. If no significant adverse comments are received on the direct final rule, then no further action will be taken on this proposal and the direct final rule will become effective as provided in that action.

We are adopting amendments to the definition of ``accredited investor'' in our rules to add new categories of qualifying natural persons and entities and to make certain other modifications to the existing definition. The amendments are intended to update and improve the definition to identify more effectively investors that have sufficient knowledge and expertise to participate in investment opportunities that do not have the rigorous disclosure and procedural requirements, and related investor protections, provided by registration under the Securities Act of 1933. We are also adopting amendments to the ``qualified institutional buyer'' definition in Rule 144A under the Securities Act to expand the list of entities that are eligible to qualify as qualified institutional buyers.

The Department of Homeland Security (DHS or the Department), is amending certain DHS regulations governing the H-1B nonimmigrant visa program. Specifically, DHS is: Revising the regulatory definition of and standards for a ``specialty occupation'' to better align with the statutory definition of the term; adding definitions for ``worksite'' and ``third-party worksite''; revising the definition of ``United States employer''; clarifying how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an ``employer-employee relationship'' between the petitioner and the beneficiary; requiring corroborating evidence of work in a specialty occupation; limiting the validity period for third-party placement petitions to a maximum of 1 year; providing a written explanation when the petition is approved with an earlier validity period end date than requested; amending the general itinerary provision to clarify it does not apply to H-1B petitions; and codifying USCIS' H-1B site visit authority, including the potential consequences of refusing a site visit. The primary purpose of these changes is to better ensure that each H-1B nonimmigrant worker (H-1B worker) will be working for a qualified employer in a job that meets the statutory definition of a ``specialty occupation.'' These changes are urgently necessary to strengthen the integrity of the H-1B program during the economic crisis caused by the COVID-19 public health emergency to more effectively ensure that the employment of H-1B workers will not have an adverse impact on the wages and working conditions of similarly employed U.S. workers. In addition, in strengthening the integrity of the H-1B program, these changes will aid the program in functioning more effectively and efficiently.

The FAA is adopting a new airworthiness directive (AD) for all General Electric Company GE90-110B1 and GE90-115B model turbofan engines. This AD was prompted by an in-service occurrence of loss of engine thrust control resulting in uncommanded high thrust. This AD prohibits dispatch of an airplane if certain status messages are displayed on the engine indicating and crew alerting system (EICAS) and if certain conditions are present per the manufacturer's service information. As a terminating action, this AD requires revision of the existing FAA-approved minimum equipment list (MEL) by incorporating into the MEL the dispatch restrictions listed in this AD. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2018-17- 05, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2018-17-05 required a check of the insulation resistance of the direct drive solenoid valve (DDSOV) of each affected electro-hydrostatic actuator (EHA) and applicable corrective actions. Since the FAA issued AD 2018-17-05, it was determined that certain EHA part numbers can be modified and re- identified as specified in a European Union Aviation Safety Agency (EASA) AD, which could inadvertently remove certain part numbers from the applicability in other EHA-related ADs including AD 2018-17-05. This AD was prompted by reports of EHA units that were returned to the manufacturer with degraded insulation resistance in the DDSOV; investigation results revealed that moisture ingress, due to incorrect sealing application, had caused this degradation. This AD was also prompted by a report of a technical issue detected on EHAs installed on inboard ailerons and elevators, causing potential erroneous monitoring of those actuators. This AD requires a check of the insulation resistance of the DDSOV of each affected EHA and applicable corrective actions, and modification or replacement of certain EHAs; as specified in two EASA ADs, which are incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A330-202, -203, -223, -223F, -243, -243F, - 302, -303, -323, -343, and -941 airplanes; and Model A340-313, -541, and -642 airplanes. This AD was prompted by the results of laboratory tests on non-rechargeable lithium batteries installed in emergency locator transmitters (ELTs), which highlighted a lack of protection against currents of 28 volts DC or 115 volts AC that could lead to thermal runaway and a battery fire. This AD requires modifying a certain ELT by installing a diode between the ELT and the terminal block, 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 Labor (DOL or the Department) is amending Employment and Training Administration (ETA) regulations governing the prevailing wages for employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H-1B, H-1B1, or E-3 nonimmigrant visas. Specifically, DOL is amending its regulations governing permanent labor certifications and Labor Condition Applications (LCAs) to incorporate changes to the computation of wage levels under the Department's four-tiered wage structure based on the Occupational Employment Statistics (OES) wage survey administered by the Bureau of Labor Statistics (BLS). The primary purpose of these changes is to update the computation of prevailing wage levels under the existing four-tier wage structure to better reflect the actual wages earned by U.S. workers similarly employed to foreign workers. This update will allow DOL to more effectively ensure that the employment of immigrant and nonimmigrant workers admitted or otherwise provided status through the above-referenced programs does not adversely affect the wages and job opportunities of U.S. workers.

The Commission is acknowledging a recent filing requesting the Commission initiate a rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Six). This document informs the public of the filing, invites public comment, and takes other administrative steps.

This regulation establishes tolerances for residues of the insecticide afidopyropen, including its metabolites and degradates, in or on multiple food and animal commodities identified and discussed later in this document. BASF Corporation and the Interregional Research Project #4 requested these tolerances under section 346a of the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Farm Credit Administration (FCA, we, or our) is amending our regulations governing how a Farm Credit bank presents information on its related associations when preparing annual bank financial statements on a stand-alone basis. The final rule provides two presentation options when disclosing related association financial information in an annual bank report: By footnote or attached in a supplement.

The Environmental Protection Agency (EPA) is taking final action to approve a state plan submitted by the Oregon Department of Environmental Quality (ODEQ). This state plan submittal pertains to the regulation of nonmethane organic compounds from existing municipal solid waste (MSW) landfills. This state plan was submitted in response to the EPA's promulgation of Emissions Guidelines and Compliance Times for MSW landfills. This action is being taken under the Clean Air Act (CAA).

This regulation establishes time-limited tolerances for residues of kasugamycin in or on almonds. This action is in response to EPA's granting of an emergency exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on almond trees. This regulation establishes maximum permissible levels for residues of kasugamycin in or on this commodity. The time-limited tolerances expire on December 31, 2023.

The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on its Duties of Creditors Regarding Risk-Based Pricing Rule (``Risk-Based Pricing Rule'') as part of the FTC's systematic review of all current Commission regulations and guides. In addition, the FTC is proposing to amend the Rule to correspond to changes made to the Fair Credit Reporting Act (``FCRA'') by the Dodd- Frank Act.

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), a small mammal from coastal California and Oregon. We also issue final regulations that are necessary and advisable to provide for the conservation of this DPS under section 4(d) of the Act (a ``4(d) rule''). This final rule extends the Act's protections to the coastal DPS of Pacific marten, subject to the 4(d) rule's exceptions.

The FAA proposes to adopt a new airworthiness directive (AD) for Airbus Helicopters Model EC225LP helicopters. This proposed AD would require various inspections of the left-hand side (LH) engine fuel supply (fuel supply) hose and depending on the inspection results, removing from service or reinstalling the hose. This proposed AD would also prohibit installing any LH fuel supply hose unless it is installed by following the service information. This proposed AD was prompted by a report of an incorrect installation of the LH fuel supply hose causing restricted fuel flow to the LH engine. The actions of this proposed AD are intended to address an unsafe condition on these products.

The FAA proposes to supersede Airworthiness Directive (AD) 2015-26-01, which applies to certain Airbus Helicopters Model AS332C1, AS332L1, AS332L2, EC225LP, AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters with an energy-absorbing seat. AD 2015-26-01 requires inspecting for the presence of labels (placards) that prohibit stowing anything under the seat, and if a label (placard) is missing or not clearly visible to each occupant, installing a label (placard). Since the FAA issued AD 2015-26-01, the FAA has determined that additional helicopters are affected by the unsafe condition, and that new labels (placards) are required for all affected helicopters. This proposed AD would retain all of the requirements of AD 2015-26-01. This proposed AD would also add helicopters to the applicability and require a modification (installing new labels (placards)). The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2018-15-04 for certain General Electric Company (GE) CF6-80A, CF6-80A1, CF6-80A2, CF6-80A3, CF6-80C2A1, CF6-80C2A2, CF6-80C2A3, CF6-80C2A5, CF6-80C2A5F, CF6-80C2A8, CF6-80C2B1, CF6-80C2B1F, CF6-80C2B2, CF6-80C2B2F, CF6- 80C2B4, CF6-80C2B4F, CF6-80C2B5F, CF6-80C2B6, CF6-80C2B6F, CF6- 80C2B6FA, CF6-80C2B7F, CF6-80C2D1F, CF6-80C2L1F, and CF6-80C2K1F model turbofan engines. AD 2018-15-04 required ultrasonic inspection (UI) of high-pressure turbine (HPT) stage 1 and stage 2 disks. This AD retains the required inspections while expanding the population of affected HPT disks. This AD was prompted by an uncontained failure of an HPT stage 2 disk and the manufacturer's determination to expand the population of affected HPT disks. The FAA is issuing this AD to address the unsafe condition on these products.

The Office of Personnel Management (OPM) is issuing proposed regulations governing the coverage of, and attorney fee awards under, the Back Pay Act. The proposed regulations would add a definition of ``employee's personal representative'' for purposes of the payment of attorney fees and, clarify the actions qualifying for back pay, add a definition of ``personnel action'' and revise the definition of ``unjustified or unwarranted personnel action''.

NMFS announces a valid specified fishing agreement that allocates up to 1,000 metric tons (t) of the 2020 bigeye tuna limit for American Samoa to U.S. longline fishing vessels. The agreement supports the long-term sustainability of fishery resources of the U.S. Pacific Islands, and fisheries development in American Samoa.

With this deregulatory action, the U.S. Small Business Administration (SBA) is revising regulations regarding rules of procedure governing cases before the Office of Hearings and Appeals (OHA) to remove an unnecessary regulatory provision and to clarify an existing rule of procedure.