2020 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our May 22, 2019, proposed rule to list the Carolina madtom (Noturus furiosus) as an endangered species and the Neuse River waterdog (Necturus lewisi) as a threatened species with a section 4(d) rule, and to designate critical habitat for both species under the Endangered Species Act of 1973, as amended (Act). In this document, we present revisions to the section 4(d) rule language and to the critical habitat designation we proposed for the Neuse River waterdog on May 22, 2019. We now propose to designate a total of 779 miles (1,254 kilometers) as critical habitat for the Neuse River waterdog across 18 units within portions of 18 counties in North Carolina. This amounts to an increase of 41 miles (66 kilometers) in the proposed critical habitat designation for that species. We are reopening the comment period to allow all interested parties the opportunity to comment on the May 22, 2019, proposed rule, as well as the revisions described in this document. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

The United States Patent and Trademark Office (USPTO or Office) proposes to amend the Rules of Practice in Patent Cases and the rules regarding Representation of Others before the United States Patent and Trademark Office. This rulemaking proposes to align the USPTO Rules of Professional Conduct more closely with the ABA Model Rules of Professional Conduct; to improve clarity in existing regulations to facilitate the public's compliance, including revising various deadlines, the procedures concerning the registration exam, provisions related to the revocation of an individual's registration or limited recognition in limited circumstances, and provisions for reinstatement; and to make non-substantive changes, increasing the readability of various provisions.

The Coast Guard is establishing a temporary security zone encompassing certain waters of the North Atlantic Ocean. The security zone is necessary to prevent waterside threats before, during, and after National Geospatial-Intelligence Agency equipment testing conducted offshore near Ocean City, MD. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Maryland-National Capital Region or his designated representative.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations pursuant to the regulatory authority granted under the Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act to prescribe such regulations as may be necessary for reconciling advance payments of refundable employment tax credits provided under these acts and recapturing the benefit of the credits when necessary. These proposed regulations affect businesses and tax- exempt organizations that claim certain credits under the Families First Coronavirus Response Act for qualifying sick and family leave wages and that claim certain employee retention credits under the Coronavirus Aid, Relief, and Economic Security Act. The text of those temporary regulations serves as the text of these proposed regulations.

The Department of Education (Department) announces a priority and definitions under the State Personnel Development Grants program, Catalog of Federal Domestic Assistance (CFDA) number 84.323A. The Department may use this priority and definitions for competitions in fiscal year (FY) 2020 and later years. We take this action to focus attention on an identified national need to provide teachers and other personnel who serve children with disabilities the option to select professional development activities that will best meet their needs. This priority will support States in developing pilots or other innovative means of providing choice in professional development.

The Coast Guard is establishing a temporary safety zone for navigable waters of the Fox River in Green Bay, WI. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards from a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Lake Michigan.

The Environmental Protection Agency (EPA) is taking final action to approve portions of a State Implementation Plan (SIP) revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), on February 27, 2013. These portions change the State's public notice and comment rule for air permitting by modifying the length of the public comment period for minor source operating permitting and by making non-substantive edits.

This proposed rule would amend Drug Enforcement Administration (DEA) regulations regarding DEA Form 106, used by DEA registrants to report thefts or significant losses of controlled substances, to clarify that all such forms must be submitted electronically. In addition, the proposed rule would add new requirements for the form to be submitted accurately and within a 15-day time period. This proposed rule will not change the requirement that registrants notify the DEA Field Division Office in their area, in writing, of the theft or significant loss of any controlled substances within one business day of discovery of such loss or theft.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of South Carolina through letters dated April 12, 2019, and July 11, 2019, to establish a SIP-approved state control program to comply with the Nitrogen Oxides (NOX) SIP call obligations for electric generating units (EGUs) and large non-EGUs. EPA is also approving the removal of the SIP-approved portions of the State's Clean Air Interstate Rule (CAIR) Program rules from the South Carolina SIP. In addition, EPA is approving into the SIP state regulations that establish an alternative monitoring option for certain sources.

The Food and Drug Administration (FDA, Agency, or we) is issuing a final rule to require electronic submission of certain postmarketing safety reports for approved new animal drugs. The final rule also provides a procedure for requesting a temporary waiver of the electronic submission requirement.

NMFS is reapportioning the seasonal apportionments of the 2020 Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2020 through June 30, 2020. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.

The North Pacific Fishery Management Council (Council) submitted Amendment 111 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) Management Area (Amendment 111) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 111 would remove the expiration date for the Central GOA Rockfish Program (Rockfish Program) and make minor administrative changes to the program. Amendment 111 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws.

This regulation decreases the tolerance for residues of ethalfluralin in or on potato. Gowan Company requested this tolerance modification under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by crack indications found in the lower aft wing skin bolt holes where the flap tracks attach to the track support fitting. This proposed AD would require repetitive inspections for cracking of the left and right wing, lower aft wing skin aft edge, at certain flap track locations, and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc. Model PA-34-220T airplanes. This proposed AD was prompted by a report of damage to the rudder flight control cables and the emergency power supply (EPS) system wiring due to inadequate clearance from the EPS wiring harness. This proposed AD would require inspecting the rudder flight control cables and the EPS wiring for damage, replacing damaged cables and wires if necessary, and re-routing the EPS wiring harness to ensure proper clearance between the EPS and the rudder flight control cables. The FAA is issuing this proposed AD to address the unsafe condition on these products.

The FAA is revising an earlier proposal for Robinson Helicopter Company (Robinson) Model R66 helicopters that proposed to require replacing a certain part-numbered tail rotor (T/R) drive shaft yoke assembly (yoke assembly) and inspecting for sealant. The NPRM was prompted by reports of T/R drive shaft forward hanger bearing failures. This action revises the NPRM by expanding the applicability, changing the proposed requirements, and correcting nomenclature. Since this imposes an additional burden over that proposed in the NPRM, the FAA is reopening the comment period to allow the public the chance to comment on these changes.

The Food and Drug Administration (FDA) is withdrawing approval of an abbreviated new animal drug application (ANADA) at the sponsor's request because the product is no longer manufactured or marketed.

NMFS proposes to implement management measures as described in an abbreviated framework action to the Fishery Management Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared by the Gulf of Mexico Fishery Management Council (Gulf Council). This proposed rule would modify the on-board multi-day recreational possession limit regulations for Federal charter vessel and headboat (for-hire) trips in the Gulf of Mexico (Gulf). This proposed rule would also make an administrative change to the reporting requirement for Gulf's individual fishing quota (IFQ) program during catastrophic conditions. The purposes of this proposed rule are to promote efficiency in the utilization of the reef fish and CMP resources and reduce regulatory discards, and to update the IFQ reporting requirements.

This rule establishes procedures to govern the formulation of new research and promotion programsor ordersunder the Commodity Promotion, Research, and Information Act of 1996 (Act). Research and promotion programs are administered by boards or councils with oversight by the United States Department of Agriculture (USDA). This rule specifies the process for proposing such programs to USDA. It also clarifies that USDA's Agricultural Marketing Service (AMS) will continue to require associations of producers or individuals proposing new programs to post a bond or other collateral to reimburse USDA for the costs of program development.

The Commission is announcing an update to the market dominant and competitive product lists. This action reflects a publication policy adopted by Commission rules. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The market dominant and competitive product lists, which are re-published in their entirety, includes these updates.

This regulation establishes tolerances for residues of permethrin in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notification of Deletion of the Scrap Processing Co., Inc. Superfund Site (Scrap Processing Site or Site), located in Medford, Wisconsin, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Wisconsin, through the Wisconsin Department of Natural Resources (WDNR) because EPA has determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring institutional controls, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The FAA is superseding Airworthiness Directive (AD) 2018-08-02 for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Trent 1000-A2, Trent 1000-AE2, Trent 1000-C2, Trent 1000-CE2, Trent 1000-D2, Trent 1000-E2, Trent 1000-G2, Trent 1000-H2, Trent 1000-J2, Trent 1000-K2, and Trent 1000-L2 model turbofan engines. AD 2018-08-02 required initial and repetitive ultrasonic or visual inspections of the intermediate- pressure compressor (IPC) stage 1 rotor blades, IPC stage 2 rotor blades, and IPC shaft stage 2 dovetail posts, and removal of any cracked parts from service. This AD requires new inspections based on updated inspection thresholds and intervals for these IPC parts. This AD also adds an optional terminating action, amends the asymmetric power condition for engine inspection, and requires an inspection after a cabin depressurization event. This AD was prompted by IPC blade separations resulting in engine failures. Subsequently, the manufacturer identified the need to add new inspections and an optional terminating action, amend the asymmetric power condition for engine inspection, and require an inspection after a cabin depressurization event. The FAA is issuing this AD to address the unsafe condition on these products.

In this document, the Office of Engineering and Technology dismisses Encina Communications Corporation's Petition for Reconsideration for the final rule published in the Federal Register on May 26, 2020. A Petition for Reconsideration of this order must have been filed within thirty days, i.e. on or by June 25, 2020, to be considered timely. However, the Petition was filed on June 29, 2020, four days late. We therefore dismiss it.

The FAA is superseding Airworthiness Directive (AD) 2018-18-02 for certain Austro Engine GmbH model E4 engines and all Austro Engine GmbH model E4P engines. AD 2018-18-02 required replacement of the timing chain and amending certain airplane flight manuals (AFMs) to limit the use of windmill restarts. This AD requires amendment of certain existing AFMs to limit the use of windmill restarts and removes the timing chain replacement requirement in AD 2018-18-02. This AD was prompted by reports of considerable wear of the timing chain on the affected engines. The FAA is issuing this AD to address the unsafe condition on these products.