2020 – Federal Register Recent Federal Regulation Documents

The FAA proposes to supersede Airworthiness Directive (AD) 2019-23-03, which applies to certain Dassault Aviation Model FALCON 900EX airplanes. AD 2019-23-03 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and/or airworthiness limitations. Since the FAA issued AD 2019-23-03, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require those maintenance or inspection program revisions, and would also require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

The United States Patent and Trademark Office (Office or USPTO) sets or adjusts patent fees as authorized by the Leahy-Smith America Invents Act (Act or AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The USPTO is a business-like operation where the demand for patent products and services and the cost of operations are affected by external factors, such as the economy, legislation, court decisions, and increases in the costs of supplies and contract services, as well as internal factors, such as changes in patent examination processes and procedures. The fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover the aggregate cost of patent operations in future years (based on assumptions and estimates found in the FY 2021 Congressional Justification (FY 2021 Budget)) and to allow the Office to continue progress toward achieving its strategic goals.

This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services. Therefore, the Department of Homeland Security (DHS) is adjusting USCIS fees by a weighted average increase of 20 percent, adding new fees for certain immigration benefit requests, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. This final rule is intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners.

The Postal Service proposes to amend Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52), to incorporate requirements for mailers to separate all air-eligible hazardous material (HAZMAT) from surface only transportation HAZMAT shipments and other non-HAZMAT items when tendering mail to the Postal Service in the domestic mail. Air eligible products, services or classes include Priority Mail Express[supreg], Priority Mail[supreg], First-Class Package Service[supreg], Priority Mail Return Service[supreg] or First- Class Package Return Service[supreg] and surface only transportation are mail using Parcel Select[supreg], Parcel Select Lightweight[supreg], USPS Retail Ground[supreg], or USPS Ground Return Service [supreg]. Additionally, the Postal Service for consistency will incorporate the current standard operating procedures for separation as it pertains to acceptance and dispatch personnel.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the Commonwealth's plan, submitted by the Pennsylvania Department of Environmental Protection (DEP), for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in the Franklin County, Pennsylvania area (Franklin County Area). This action is being taken under the Clean Air Act (CAA).

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action requires persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. The required notification initiates EPA's evaluation of the chemical under the conditions of use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the Significant New Use Notice (SNUN), made an appropriate determination on the SNUN, and has taken such actions as are required as a result of that determination.

The FAA is adopting a new airworthiness directive (AD) for certain Aspen Avionics, Inc., Evolution Flight Display (EFD) EFD1000 Emergency Backup Display, EFD1000 Multi-Function Display, and EFD1000 Primary Flight Display systems installed on various airplanes. This AD imposes operating restrictions on these display systems by revising the Limitations section of the airplane flight manual (AFM). This AD was prompted by an automatic reset occurring when the display internal monitor detects a potential fault, causing intermittent loss of airspeed, attitude, and altitude information during flight. The FAA is issuing this AD to address the unsafe condition on these products.

In this document the Federal Communications Commission (FCC or Commission) invites comments on proposed revisions to its rules implementing the Telephone Consumer Protection Act and the Pallone- Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). The Commission proposes: To require voice service providers to respond to certain traceback requests, mitigate bad traffic when notified of such traffic by the Commission, and implement effective measures to prevent new and renewing customers from using its network to originate illegal calls; to extend the safe harbor for blocking based on reasonable analytics including caller ID authentication information to network-based blocking without consumer consent so long as the blocking is specifically designed to block calls that are highly likely to be illegal and is managed with sufficient human oversight and network monitoring to ensure that blocking is working as intended; and to require terminating voice service providers to provide a list of individually blocked calls that were placed to a particular number at the request of the subscriber to that number. These proposals, taken together, implement the TRACED Act and continue the Commission's fight against illegal and unwanted robocalls while taking further steps to ensure that wanted calls are protected.

This action amends Class E surface airspace, and Class E airspace extending upward from 700 feet above the surface at Floyd Bennett Memorial Airport, (previously Warren County Airport), Glens Falls, NY due to the decommissioning of the Glens Falls very high frequency omnidirectional range collocated tactical air navigation (VORTAC) system, and cancellation of associated approaches. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area. This action also updates the airport's name.

This action removes Class E airspace area designated as an extension to a Class D surface area for Cecil Airport, Jacksonville, FL, as the Cecil very high frequency omnidirectional range (VOR) has been decommissioned, and the VOR approach cancelled. This action also amends Class D and E airspace by updating the names and geographic coordinates of several airports located in and around Jacksonville, FL, and corrects the line between Cecil Airport and Whitehouse NOLF. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area. This action also makes an editorial change replacing the term Airport/Facility Directory with the term Chart Supplement in the legal descriptions of associated Class D airspace.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A330-200 and A330-300 series airplanes, and all Model A340-200 and A340-300 series airplanes. This proposed AD was prompted by reports of hydraulic system failure due to fatigue failure of the screws attaching the manual valve to the ground service manifold (GSM). This proposed AD would require, for certain GSMs, repetitive replacement of the hydraulic system GSM manual valve attachment screws having certain part numbers; and, for certain other GSMs with certain screws installed, replacement of those screws, as specified in a European Union Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

On May 20, 2020, the Consumer Product Safety Commission (Commission, or CPSC) issued a direct final rule revising the CPSC's mandatory standard for hand-held infant carriers to incorporate by reference the most recent version of the applicable ASTM standard. We are publishing this final rule to delay the effective date of the CPSC's mandatory standard for hand-held infant carriers, due to the COVID-19 pandemic.

The Environmental Protection Agency (EPA) is reopening the comment period for a document published in the Federal Register on June 12, 2020. EPA is reopening the comment period based on the Clean Air Council's request for a 30-day extension. Clean Air Council's request seeks an extension of the comment period until August 13, 2020.

In this document, the Commission seeks comment on reallocating spectrum associated with broadcast television channels 14-20 (470-512 MHz or T-Band), assigning new licenses by auction for the 6 megahertz to 18 megahertz of spectrum that is potentially available in each of the eleven urbanized areas, and relocating ``public safety eligibles'' from the T-Band. Specifically, the Commission proposes rules that would allow for flexible use in the auctioned T-Band, including wireless (fixed or mobile) use. The Commission also proposes to permit broadcast operations and seeks comment on how best to facilitate this and other potential uses. The Commission seeks comment on transition mechanisms and costs for relocating public safety eligibles from the T-Band, including whether to transition these licensees only where auction revenues exceed anticipated transition costs. The Commission also proposes an auction framework and licensing, operating, and technical rules for the reallocated spectrum that would preserve the current environment for incumbents remaining in the T-Band. Finally, the Commission seeks comment on how to best address the non-public safety operations in the T-Band to maximize opportunities for new entrants, including whether and how to transition non-public safety operations.

NMFS, upon request from the U.S. Navy (Navy), issues these regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the taking of marine mammals incidental to the training and testing activities conducted in the Mariana Islands Training and Testing (MITT) Study Area. The Navy's activities qualify as military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during the described activities and timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and establish requirements pertaining to the monitoring and reporting of such taking.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, ``Department of Homeland Security/ALL-045 Statistical Immigration Data Production and Reporting System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/ ALL-045 Statistical Immigration Data Production and Reporting System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Commission is requesting that they initiate an informal rulemaking proceeding to change how the Postal Service determines incremental costs and how it accounts for peak-season costs in its periodic reports. This rulemaking informs the public of the filing, invites public comment, and takes other administrative steps.

The U.S. Department of Homeland Security (DHS) is promulgating two changes that apply to surety companies certified by the Department of the Treasury, Bureau of the Fiscal Service (Treasury), to underwrite bonds on behalf of the Federal Government. First, this final rule requires Treasury-certified sureties seeking to overturn a surety immigration bond breach determination to exhaust administrative remedies by filing an administrative appeal raising all legal and factual defenses. This requirement to exhaust administrative remedies and present all issues to the administrative tribunal will allow Federal district courts to review a written decision addressing all of the surety's defenses, thereby streamlining litigation over the breach determination's validity. Second, this rule sets forth ``for cause'' standards and due process protections so that U.S. Immigration and Customs Enforcement (ICE), a component of DHS, may decline bonds from companies that do not cure their deficient performance. Treasury administers the Federal corporate surety bond program and, in its regulations, allows agencies to prescribe in their regulations for cause standards and procedures for declining to accept bonds from a Treasury-certified surety company. ICE adopts the for cause standards contained in this rule because certain surety companies have failed to pay amounts due on administratively final bond breach determinations or have had in the past unacceptably high breach rates.

NMFS is prohibiting retention of ``other rockfish'' in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2020 ``other rockfish'' total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI has been reached.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This AD was prompted by reports of improperly locked diagonal struts located in a certain section of the fuselage; the teeth of the lock washers were incorrectly engaged, which could lead to a loss of tightening torque of an affected strut. This AD requires inspecting the diagonal strut for correct installation and for correct locking of the lock washers, and corrective actions 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 FAA is superseding Airworthiness Directive (AD) 2015-13- 06, which applied to certain The Boeing Company Model 747-400 and 747- 400F series airplanes. AD 2015-13-06 required repetitive inspections of the longeron extension fittings for cracking; repetitive high frequency eddy current (HFEC) inspections of any modified, repaired, or replaced longeron extension fitting for cracking; and applicable on-condition actions. This AD retains the requirements of AD 2015-13-06. This AD also requires, for certain additional airplanes, repetitive inspections of the longeron extension fittings for cracking and repair if necessary. This AD was prompted by the FAA's determination that additional airplanes are affected by the identified unsafe condition. 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 Airbus Helicopters Model EC225LP helicopters. This AD was prompted by a mechanical deformation found on the protective cover of the ``SHEAR'' control pushbutton installed on a copilot collective stick. This AD requires modification of the helicopter by replacing the protective cover and re-identifying the part number of the pilot and copilot collective sticks. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as ineffective firewall sealing for firewall wiring penetrations. The FAA is issuing this AD to require actions to address the unsafe condition on these products.

On March 6, 2020, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on a proposed interpretation of its low-level radioactive waste disposal regulations that would permit licensees to dispose of waste by transfer to persons who hold specific exemptions for the purpose of disposal. The public comment period was originally scheduled to close on April 20, 2020. On April 9, 2020, the public comment period was extended to July 20, 2020. In recognition of the continuing impacts of the current COVID-19 public health emergency (PHE) across the nation, the NRC has decided to reopen the public comment period to allow more time for members of the public to develop and submit their comments.

OSHA is issuing a final rule to amend the regulation addressing the rules of agency practice and procedure concerning OSHA access to employee medical records. The final rule transfers the approval of written medical access orders (MAO) from the Assistant Secretary for Occupational Safety and Health (Assistant Secretary) to the OSHA Medical Records Officer (MRO) and makes the MRO responsible for making determinations regarding inter- agency transfer and public disclosure of personally identifiable medical information in OSHA's possession.