2020 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking dated February 6, 2002, submitted by Anthony R. Pietrangelo on behalf of the Nuclear Energy Institute, due to the discontinuation of the associated rulemaking.

These special conditions are issued for the Boeing Commercial Airplanes (Boeing) Model 777-9 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport- category airplanes. This design feature is an overhead flightcrew rest (OFCR) compartment occupiable during taxi, takeoff, and landing (TT&L). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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 Department of Health and Human Services is correcting a final rule that appeared in the Federal Register on November 16, 2020. This document had incorrectly designated footnotes and typographical errors.

We, NMFS, announce updates to the descriptions of Pacific salmon and steelhead (Oncorhynchus spp.) species that are currently listed as threatened or endangered under the Endangered Species Act of 1973 (ESA). Updates include the addition or removal of specific hatchery programs, as well as clarifying changes to the names of specific hatchery programs included as part of the listings of certain Pacific salmon and steelhead species. These changes are informed by our most recent ESA 5-year reviews, which were completed in 2016. We are not changing the ESA-listing status of any species under NMFS's jurisdiction, or modifying any critical habitat designation. The updates also include minor changes in terminology to standardize species descriptions.

This joint document amends the regulations that the Peace Corps and Corporation for National and Community Service (CNCS) follow to process complaints of discrimination by volunteers and applicants for volunteer service. The current regulations were promulgated in January 1981 when the Peace Corps and domestic volunteer programs (such as VISTA, now subsumed by CNCS) were one entity under an organization called ACTION. At that time, Congress extended the statutory protections of the Civil Rights Act and other laws to such volunteers. Congress has since separated out the two agencies and has expressly removed the Peace Corps. As such, the regulations need to be updated.

On October 23, 2020, the United States Agency for International Development (USAID) issued a Temporary Final Rule (TFR) amending our regulations to allow USAID to waive ``Source and Nationality'' rules to provide for increased flexibility, targeting, and speed of procurement of Emergency Medical Supplies (EMS) required to address the COVID-19 pandemic worldwide. That TFR inadvertently resulted in the deletion of defined terms. This document corrects the TFR by restoring those definitions.

The FAA proposes to supersede Airworthiness Directive (AD) 2018-15-02, which applies to certain Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. AD 2018-15-02 requires repetitively inspecting the tail rotor (TR) pitch rod for a damaged elastomeric ball joint, and corrective action if necessary. Since the FAA issued AD 2018-15-02, the FAA determined that the manufacturer had developed improved inspection procedures and identified conditions that would allow the repetitive inspection intervals specified in AD 2018-15-02 to be extended to correspond with the intervals for the inspection of the TR pitch rod specified in the airworthiness limitation section of the applicable helicopter maintenance manual. This proposed AD would retain the requirements of AD 2018-15-02 and allow the repetitive inspection interval to be extended under certain conditions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to amend VHF Omnidirectional Range (VOR) Federal airways V-9, V-63, V-100, V-158, and V-171; amend Area Navigation (RNAV) route T-325; and remove VOR Federal airway V-127 in the vicinity of Rockford, IL. The air traffic service (ATS) route modifications are necessary due to the planned decommissioning of the VOR portion of the Rockford, IL, VOR/Distance Measuring Equipment (VOR/ DME) navigation aid (NAVAID). Except for RNAV route T-325, the Rockford VOR/DME NAVAID provides navigation guidance for portions of the affected routes listed above. The Rockford VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The FAA is adopting a new airworthiness directive (AD) for all General Electric Company (GE) GEnx-1B64/P2, GEnx-1B67/P2, GEnx-1B70/75/ P2, GEnx-1B70/P2, GEnx-1B70C/P2, GEnx-1B74/75/P2, GEnx-1B76/P2, GEnx- 1B76A/P2, and GEnx-2B67/P model turbofan engines with a certain high- pressure turbine (HPT) rotor stage 2 disk installed. This AD was prompted by a report of the potential for undetected subsurface anomalies formed during the manufacturing process that could result in uncontained failure of the HPT rotor stage 2 disk. This AD requires an immersion ultrasonic inspection (USI) of the HPT rotor stage 2 disk and, depending on the results of the inspection, replacement of the HPT rotor stage 2 disk with a part eligible for installation. 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 Embraer S.A. Model EMB-550 and EMB-545 airplanes. This AD was prompted by reports of cracks, delamination, and failure of the flight deck side windows during certification fatigue tests. This AD requires repetitive inspections of the flight deck side windows for any cracking or delamination, corrective action if necessary, and eventual replacement of the windows, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia regulatory program (hereinafter, the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia Department of Environmental Protection (WVDEP) seeks to amend its regulatory provisions related to entities authorized to issue surety bonds and the repair and compensation of damage resulting from subsidence. This document gives the times and locations that the West Virginia program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

PHMSA published a notification in the Federal Register seeking public comments on a document titled ``Pipeline Safety: Midstream Facilities Frequently Asked Questions.'' PHMSA has received a request to extend the comment period to allow stakeholders more time to evaluate the frequently asked questions. Upon review of the request, PHMSA is extending the comment period for an additional 30 days.

This document contains final regulations to implement legislative changes to section 274 of the Internal Revenue Code (Code) effective for taxable years beginning after December 31, 2017. Specifically, the final regulations address the elimination of the deduction under section 274 for expenses related to certain transportation and commuting benefits provided by employers to their employees. The final regulations provide guidance to determine the amount of such expenses that is nondeductible and apply certain exceptions under section 274(e) that may allow such expenses to be deductible. These final regulations affect taxpayers who pay or incur such expenses.

In this final rule, the U.S. Department of Energy (``DOE'') adopts a revised definition for ``showerhead'' and definitions for ``body spray'' and ``safety shower showerhead''. The revised regulatory definition for ``showerhead'' is consistent with the most recent standard developed by the American Society of Mechanical Engineers (``ASME'') in 2018, such that each showerhead in a product containing multiple showerheads would be considered separately for purposes of determining standards compliance. DOE has determined that the definition is consistent with EPCA and, unlike the current definition, compliant with the National Technology Transfer and Advancement Act and Office of Management and Budget (``OMB'') Circular A-119. In addition, the definition is consistent with DOE's treatment of other products, such as body sprays. DOE is also defining the terms ``body spray'' and ``safety shower showerhead'' to clarify which products are not subject to the current energy conservation standard. With regard to the showerhead test procedure, DOE emphasizes in this final rule that the existing test procedure remains applicable for purposes of measuring the water use of a showerhead as defined in this final rule. DOE is not finalizing any test procedure amendments in this final rule.

This final rule amends the Department's regulations to set forth the principles of the Attorney General's Memorandum of June 5, 2017, prohibiting the inclusion of provisions in settlement agreements directing or providing for a payment or loan to a non-governmental person or entity that is not a party to the dispute, except in defined circumstances.

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including fluorescent lamp ballasts (``FLBs''). EPCA also requires the U.S. Department of Energy (``DOE'') to periodically determine whether more-stringent standards would be technologically feasible and cost effective, and would result in significant energy savings. In this final determination, DOE has determined that energy conservation standards for fluorescent lamp ballasts do not need to be amended.

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential clothes washers and consumer clothes dryers. In this final rule, the U.S. Department of Energy (``DOE'' or ``the Department'') establishes separate product classes for top-loading consumer clothes washers and consumer clothes dryers that offer cycle times for a normal cycle of less than 30 minutes, and for front-loading residential clothes washers that offer cycle times for a normal cycle of less than 45 minutes. DOE's decision to establish these new product classes is based on the comments received in response to the proposed rule as well as testing and evaluation conducted by the Department. This rulemaking sets out the basis for the new product classes. DOE intends to determine the specific energy and water consumption limits for the new product classes in separate rulemakings in accordance with the requirements of the Department's Process Rule.

The Food Safety and Inspection Service (FSIS) is establishing January 1, 2024, as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2021, and December 31, 2022. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.

The Drug Enforcement Administration is denying applications to designate four in-process preparations containing trenbolone acetate as exempt anabolic steroid products under the Controlled Substances Act.

NMFS approves and implements changes to the Mid-Atlantic Fishery Management Council's Risk Policy. This action is intended to adjust the Council's risk policy by accepting a higher level of risk for stocks at or above biomass targets. These adjustments could lead to increases in catch limits for healthy fisheries managed by the Council.

NMFS announces that the Commonwealth of Massachusetts, the State of Delaware, and the Commonwealth of Virginia are transferring a portion of their 2020 commercial bluefish quota to the State of North Carolina, the State of Rhode Island, and the State of New York, respectively. These quota adjustments are necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Massachusetts, North Carolina, Delaware, Rhode Island, Virginia, and New York.

The FAA proposes to supersede Airworthiness Directive (AD) 2012-04-15, which applies to all Pratt & Whitney (PW) JT9D-3A, JT9D-7, JT9D-7A, JT9D-7AH, JT9D-7F, JT9D-7H, JT9D-7J, JT9D-20, JT9D-20J, JT9D- 59A, JT9D-70A, JT9D-7Q, JT9D-7Q3, JT9D-7R4D, JT9D-7R4D1, JT9D-7R4E, JT9D-7R4E1, JT9D-7R4E4, JT9D-7R4G2, and JT9D-7R4H1 (JT9D) model turbofan engines. AD 2012-04-15 requires revisions to the Airworthiness Limitations Section (ALS) of the manufacturer's Instructions for Continued Airworthiness (ICA) to include required enhanced inspection of selected critical life-limited parts at each piece-part opportunity. AD 2012-04-15 also requires additional revisions to the JT9D model engines ALS of the manufacturer's ICA. Since the FAA issued AD 2012-04- 15, PW notified the FAA that revisions to the mandatory inspections contained within the ALS of the manufacturer's ICA were necessary. This proposed AD would revise the required inspections of selected critical life-limited parts specified in the ALS of the manufacturer's ICA and, for air carriers, to the existing continuous airworthiness air carrier maintenance program (CAMP). The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Mark Hoard Memorial Airport, Leoti, KS. The establishment of Class E airspace facilitates the airport's transition from visual flight rules (VFR) to instrument flight rules (IFR) operations. This action would ensure the safety and management of IFR operations at the airport.

The FAA proposes to adopt a new airworthiness directive (AD) for Leonardo S.p.a. (Leonardo) Model AW189 helicopters. This proposed AD would require inspecting the tail plane installation forward bolts (bolts) and depending on the results of those inspections, removing certain parts from service or installing a tail plane retromod. This proposed AD would also require torqueing certain part-numbered nuts, inspecting bolts and nuts for wear, and depending on the results of those inspections, removing parts from service. This proposed AD was prompted by two reported failures of the bolts. The actions of this proposed AD are intended to address an unsafe condition on these products.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the asset allocation regulation for plans with valuation dates in the first quarter of 2021. These interest assumptions are used for valuing benefits under terminating single-employer plans and for other purposes.