2020 – Federal Register Recent Federal Regulation Documents

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur. Information identifying the current participation status of a community can be obtained from FEMA's CSB available at www.fema.gov/ flood-insurance/work-with-nfip/community-status-book. Please note that per Revisions to Publication Requirements for Community Eligibility Status Information Under the National Flood Insurance Program, documents such as this one for scheduled suspension will no longer be published in the Federal Register as of June 2021 but will be available at www.fema.gov. Individuals without internet access will be able to contact their local floodplain management official and/ or State NFIP Coordinating Office directly for assistance.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the northern spotted owl (Strix occidentalis caurina) as an endangered species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that reclassification of the northern spotted owl from a threatened species to an endangered species is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We will develop a proposed rule to reclassify the northern spotted owl as our priorities allow. However, we ask the public to submit to us any new information relevant to the status of the subspecies or its habitat at any time.

We are removing the domestic quarantine regulations for the plant pest emerald ash borer. This action will discontinue the domestic regulatory component of the emerald ash borer program as a means to more effectively direct available resources toward management and containment of the pest. Funding previously allocated to the implementation and enforcement of these domestic quarantine regulations will instead be directed to nonregulatory options to mitigate and control the pest.

NMFS proposes to amend the regulations implementing the Atlantic Pelagic Longline Take Reduction Plan (hereinafter called the PLTRP or the Plan) to reduce mortalities and serious injuries of short- finned pilot whales incidental to the Atlantic pelagic longline fishery to meet the long-term goal of the Plan as required by the Marine Mammal Protection Act (MMPA). The PLTRP currently contains both regulatory and non-regulatory management measures to reduce mortality and serious injury of pilot whales (Globicephala spp.) and Risso's dolphins (Grampus griseus), in the Atlantic portion of the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery (hereinafter called Atlantic pelagic longline fishery). The proposed amendments to the PLTRP are based on consensus recommendations submitted by the Atlantic Pelagic Longline Take Reduction Team (hereinafter called the PLTRT or the Team) and include: Removing the Cape Hatteras Special Research Area and the associated special observer and research participation requirements for fishermen operating in that area, modifying the mainline length restrictions for pelagic longline sets in the U.S. exclusive economic zone (EEZ) portion of the Mid- Atlantic Bight, and implementing required hook and gangion modifications in the EEZ portion of the Florida East Coast, South Atlantic Bight, Mid-Atlantic Bight and Northeast Coastal fishing areas. Furthermore, NMFS is removing Risso's dolphins and long-finned pilot whales from the Plan's scope.

The Health Resources and Services Administration (HRSA) implements section 340B of the Public Health Service Act (PHSA), which is referred to as the ``340B Drug Pricing Program'' or the ``340B Program.'' This final rule will apply to all drug manufacturers and covered entities that participate in the 340B Program. The final rule sets forth the requirements and procedures for the 340B Program's administrative dispute resolution (ADR) process.

This action amends the Class E airspace extending upward from 700 feet above the surface at Coffey County Airport, Burlington, KS. This action is the result of an airspace review caused by the decommissioning of the Boyd non-directional beacon (NDB) which provided navigation information to the instrument procedures at this airport.

This action amends Class D airspace, and removes Class E airspace designated as an extension to a Class D surface area for Homestead Air Reserve Base (ARB), Homestead, FL. This action also updates the geographic coordinates of the airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

This action amends VHF Omnidirectional Range (VOR) Federal airways V-141, and V-542, and revokes airways V-151 and V-496, due to the planned decommissioning of the Lebanon, NH, VOR/DME navigation aid which provides navigation guidance for segments of the routes. The Lebanon VOR/DME is planned for decommissioning as part of the FAA's VOR Minimum Operational Network (VOR MON) program.

The U.S. Department of Homeland Security is giving concurrent notice of a new system of records pursuant to the Privacy Act of 1974 for the ``U.S. Department of Homeland Security/ALL-046 Counterintelligence Program System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of counterintelligence, criminal, civil, and administrative investigative and enforcement requirements.

This action modifies the Class D airspace at Glacier Park International Airport. This action also modifies the Class E airspace, designated as a surface area. Additionally, this action modifies the Class E airspace, extending upward from 700 feet above the surface. Further, this action modifies the Class E airspace, extending upward from 1,200 feet above the surface. This action also removes the Smith Lake NDB from the Class E airspace legal descriptions. Lastly, this action implements several administrative corrections to the airspaces' legal descriptions.

The FAA proposes to supersede Airworthiness Directive (AD) AD 2019-12-09, which applies to certain Rockwell Collins, Inc. (Rockwell Collins) FDSA-6500 flight display system applications installed on airplanes. AD 2019-12-09 imposes operating limitations on the traffic collision avoidance system (TCAS). AD 2019-12-09 was prompted by conflict between the TCAS display indications and aural alerts that may occur during a resolution advisory (RA) scenario. This proposed AD would retain the requirements of AD 2019-12-09 until a software upgrade is completed. The FAA is proposing this AD to address the unsafe condition on these products.

HUD published the Housing Counseling Program final rule on December 4, 2020, following a previous interim rule published on August 5, 2020. HUD publishes in the Federal Register a HUD docket number for each of its rules. This docket number does not get published in the Code of Federal Regulations, but is a number internal to HUD and provides a sequence number and a letter indicating whether the item is a proposed (P), interim final (I), or final (F) rule, notice (N) or correction (C). HUD is correcting two errors in the final rule published on December 4, 2020the docket number for the December 4, 2020 final rule and a date referenced in the section of the December 4, 2020 rule that discusses the public comment that HUD received on the interim rule. These corrections do not affect the substance of the rule.

The Federal Emergency Management Agency (FEMA) is proposing a rule to substantively revise the ``Estimated cost of the assistance'' disaster declaration factor that FEMA uses to review a Governor's request for a major disaster under the Public Assistance Program. FEMA proposes revisions to this factor to more accurately assess the disaster response capabilities of the 50 States, the District of Columbia, and the U.S. territories (States), and to respond to the direction of Congress in the Disaster Recovery Reform Act of 2018, which requires FEMA to review its disaster declaration factors and update them via rulemaking, as appropriate.

FSIS is proposing to revise the regulations prescribing the statistical methods used in measuring the performance of chemistry laboratories in its voluntary Accredited Laboratory Program (ALP) and to expand the scope of accreditations offered by the program. Currently, participants in the ALP are accredited for the analysis of food chemistry (moisture, protein, fat, and salt), specific chemical residues, and classes of chemical residues. FSIS is proposing to change the statistical method it uses to evaluate laboratory proficiency testing (PT) sample results to the z score approach for those accreditations that are currently evaluated by Cumulative Summation (CUSUM). FSIS also is proposing to accredit non-Federal laboratories for microbiological indicator organisms and pathogen testing, in response to industry interest. Additionally, the Agency is proposing to make various minor edits and changes to the regulation for the sake of clarity and to incorporate all sample types under the jurisdiction of FSIS (e.g., to include egg products), as appropriate for the associated analyte, and to improve program flexibility. Improving program flexibility includes updating definitions to remove specific references that are currently limiting the program.

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including consumer conventional cooking products. EPCA also requires the U.S. Department of Energy (``DOE'') to periodically determine whether more-stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this notification of proposed determination (``NOPD''), DOE has initially determined that amended energy conservation standards for consumer conventional cooking products would not be economically justified and would not result in a significant conservation of energy. DOE requests comment on this proposed determination and the associated analyses and results.

The Environmental Protection Agency (EPA or Agency) is requesting comment on proposed Clean Water Act (CWA or the Act) regulations to clarify that state or tribal programs approved pursuant to CWA Sections 402 and 404 are not required to include the same criminal intent standard that is applicable to the EPA under Section 309 of the CWA. The proposed regulations will provide clarity to states, tribes, regulated entities, and the public.

The Small Business Administration (SBA) is publishing this rule to rescind the regulations published on February 10, 2020, in the interim final rule (IFR) titled, ``Express Loan Programs; Affiliation Standards'' (Express IFR). This action is necessary to implement section 1102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which permanently rescinded the interim final rule effective March 27, 2020. As a result of the rescission, SBA is removing the amended regulations added by the Express IFR and reinstating the regulations that were in effect before the rule became effective on March 11, 2020.

FRA is issuing this final rule in response to the Fixing America's Surface Transportation Act mandate that FRA issue a rule requiring 40 States and the District of Columbia to develop and implement highway-rail grade crossing action plans. This final rule also requires ten States that developed highway-rail grade crossing action plans as required by the Rail Safety Improvement Act of 2008 and FRA's implementing regulation to update their plans and submit reports to FRA describing actions they have taken to implement them.

The Environmental Protection Agency (EPA) is approving two state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions address certain reasonably available control technology (RACT) requirements, specifically those related to control technique guidelines (CTGs) for volatile organic compounds (VOCs) and the addition of regulations controlling VOC emissions from industrial cleaning solvents. These submissions are part of Pennsylvania's efforts to implement RACT for the 2008 ozone national ambient air quality standard (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

The Office of Workers' Compensation Programs (OWCP) administers the Longshore and Harbor Workers' Compensation Act and its extensions. To improve program administration, OWCP is amending its existing regulations to require parties to file documents electronically, unless otherwise provided by statute or allowed by OWCP, and to streamline the settlement process. Additionally, to promote accountability and ensure fairness, OWCP is promulgating new rules for imposing and reviewing civil money penalties prescribed by the Longshore Act. The new rules set forth the procedures to contest OWCP's penalty determinations.

This action amends Class E surface airspace and Class E airspace extending upward from 700 feet above the surface in Dubois, PA, due to the decommissioning of the Clarion Very High Frequency Omnidirectional Range Tactical Air Navigational System (VORTAC) and cancellation of the associated instrument approach procedure at Dubois Regional Airport. This action also updates the name of the airport, as well as the name and geographic coordinates of Penn Highlands Healthcare-Dubois Heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA is adopting a new airworthiness directive (AD) for all Superior Air Parts, Inc. (SAP) Model IO-360-series and O-360-series reciprocating engines and certain Lycoming Engines (Lycoming) Model AEIO-360-, IO-360-, and O-360-series reciprocating engines with a certain SAP crankshaft assembly installed. This SAP crankshaft assembly is installed as original equipment on the affected SAP engines and as a replacement part under parts manufacturer approval (PMA) on the affected Lycoming engines. This AD was prompted by three crankshaft assembly failures that resulted in the loss of engine power and immediate or emergency landings. This AD requires the removal from service of all affected crankshaft assemblies. The FAA is issuing this AD to address the unsafe condition on these products.

In this final rule, NMFS implements an annual catch limit (ACL) of 30,802 lb (13,972 kg), and an annual catch target (ACT) of 25,491 lb (11,563 kg), of Hawaii Kona crab for fishing years 2020-2023. This rule also implements, as accountability measures (AM), an in- season closure of the fishery if catch is projected to reach the ACT, and a post-season adjustment if catch exceeds the ACL. This action support the long-term sustainability of the Hawaii Kona crab fishery.

The FAA proposes to adopt a new airworthiness directive (AD) for various model helicopters with certain part-numbered Goodrich externally-mounted hoist assemblies (hoists) installed. This proposed AD would require replacing unmodified hoists, installing placards, revising the existing Rotorcraft Flight Manual (RFM) for your helicopter, deactivating or removing a hoist if a partial peel out occurs, reviewing the helicopter's hoist slip load test records, repetitively inspecting the hoist cable and overload clutch (clutch), and reporting information to the FAA. This proposed AD would also require establishing operating limitations on the hoist and prohibit installing an unmodified hoist. This proposed AD was prompted by hoists failing lower load limit inspections. The actions of this proposed AD are intended to address an unsafe condition on these products.