February 2021 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency (EPA) is exending comment periods for proposed rules titled ``National Emission Standards for Hazardous Air Pollutants: Mercury Cell Chlor-Alkali Plants Residual Risk and Technology Review'' and ``National Emission Standards for Hazardous Air Pollutants: Primary Magesium Refining Residual Risk and Technology Review,'' published on January 8, 2021, ``National Emission Standards for Hazardous Air Pollutants: Flexible Foam Fabrication Operations Residual Risk and Technology Review and Flexible Polyurethane Foam Production and Fabrication Area Source Technology Review,'' published on January 11, 2021, ``National Emission Standards for Hazardous Air Pollutants: Refractory Products Manufacturing Residual Risk and Technology Review'' and ``National Emission Standards for Hazardous Air Pollutants: Carbon Black Production Residual Risk and Technology Review,'' published January 14, 2021, and ``National Emission Standards for Hazardous Air Pollutants: Cyanide Chemicals Manufacturing Residual Risk and Technology Review,'' published on January 15, 2021, to allow additional time for stakeholders to review and comment on the proposals.

On June 1, 2020, the Environmental Protection Agency (EPA) published a rulemaking proposing to approve multiple elements of the infrastructure SIP requirements for the 2015 ozone NAAQS for the State of Utah, while taking no action on three infrastructure elements (85 FR 33052). On September 16, 2020, we published a rulemaking taking final action on the proposal. The final rulemaking incorrectly stated that there were no comments received during the public comment period for the proposed rulemaking (85 FR 57731). One comment, submitted electronically on July 1, 2020, had been received but was inadvertently overlooked in the preparation of the September 16 final rule. In this correction document we will respond to the comment received.

The Food and Drug Administration (FDA) is withdrawing approval of seven new animal drug applications (NADAs) from multiple holders of these applications. The basis for the withdrawals is that the holders of these applications have repeatedly failed to file required annual reports for the applications.

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, notices 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 National Flood Insurance Community Status and Public Notification [verbar] 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.

Pursuant to section 189.a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular monthly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration (NSHC), notwithstanding the pendency before the Commission of a request for a hearing from any person. This monthly notice includes all amendments issued, or proposed to be issued, from January 8, 2021, to February 4, 2021. The last monthly notice was published on January 26, 2021.

The U.S. Small Business Administration (SBA) is correcting regulations that published in the Federal Register on September 28, 2018. The rule issued one definition of ownership and control for the Department of Veterans Affairs verification of Veteran-Owned (VO) and Service-Disabled Veteran-Owned (SDVO) Small Business Concerns (SBCs) with the SBA. This document is making one technical correction to the regulations.

The Environmental Protection Agency (EPA) is proposing action on revisions to the Maricopa County Air Quality Department (MCAQD) portion of the state implementation plan (SIP) for the State of Arizona. We are proposing full approval of seven MCAQD rules for the Department's New Source Review (NSR) preconstruction permitting program for new and modified stationary sources of air pollution. We are taking comments on this proposed rule and plan to follow with a final action.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the West Virginia Department of Environmental Protection (WVDEP) of the State of West Virginia. This revision pertains to West Virginia's plan for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) for the Charleston Area (comprising Kanawha and Putnam Counties). The EPA is approving these revisions to the West Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

This action amends Class D airspace and Class E airspace extending upward from 700 feet above the surface at Smyrna Airport, Smyrna, TN. An evaluation of airspace in the area determined that this airport required an adjustment of Class D and E airspaces. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface for Morton Hospital Heliport, Taunton, MA, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures (SIAPs) serving this heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area. This action would also update the name and geographic coordinates of Taunton Municipal Airport-King Field (formerly Taunton Municipal Airport), Taunton, MA.

This action amends Class E airspace extending upward from 700 feet above the surface at Billy Free Municipal Airport, Dumas, AR. This action is the result of airspace reviews caused by the decommissioning of the Monticello very high frequency omnidirectional range (VOR) navigational aid as part of the VOR Minimum Operational Network (MON) Program.

This action amends VHF Omnidirectional Range (VOR) Federal airways V-12, V-74, and V-516, in the vicinity of Anthony, KS. The modifications are necessary due to the planned decommissioning of the VOR portion of the Anthony, KS, VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of the affected VOR Federal airways. The Anthony VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Wellsville Municipal Airport/ Tarantine Field, Wellsville, NY. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Wellsville VHF omnidirectional range (VOR) navigation aids as part of the VOR Minimum Operational Network (MON) Program. The name and geographical coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.

This action proposes to amend the Class D airspace and revoke the Class E airspace extending upward from 700 feet above the surface at Gila Bend AF Aux Airport, Gila Bend, AZ. The FAA is proposing this action as the result of a biennial review of the airspace. The geographic coordinates of the airport would be updated to coincide with the FAA's aeronautical database.

The NCUA Board (Board) is issuing this proposal to raise the asset threshold for defining a credit union as ``complex'' for purposes of being subject to any risk-based net worth requirement in the NCUA's regulations. The proposed rule would amend the NCUA's regulations to provide that any risk-based net worth requirement will be applicable only to a federally insured natural-person credit union (credit union) with quarter-end assets that exceed $500 million and a risk-based net worth requirement that exceeds six percent. The COVID-19 pandemic has created a vital need for financial institutions, including credit unions, to provide access to responsible credit and other member services to support consumers. Implementing this regulatory change in advance of January 1, 2022, the effective date of the 2015 final risk based capital (RBC) rule issued by the NCUA, would provide necessary capital relief to a significant number of credit unions without substantially decreasing the safety and soundness of credit unions or the National Credit Union Share Insurance Fund (NCUSIF).

In this document, the Federal Communications Commission (Commission) eliminates two Telecommunications Relay Service (TRS) mandatory minimum standards because they are no longer necessary to provide functional equivalence with voice services, and ceases Federal Register publication of applications for certification of state TRS programs in favor of providing notice on the Commission's website and in its Electronic Document Management System (EDOCS).

Through this final rule, the Commission fosters the efficient and robust use of broadcast spectrum capacity for the provision of Broadcast internet services consistent with statutory directives. In this document, the Commission concludes that ancillary and supplementary (A&S) fees should be calculated based on the gross revenue received by the broadcaster, without regard to the gross revenue of an unaffiliated third party, such as a spectrum lessee; should retain the existing standard of derogation of broadcast service, but amend the wording of the rules to eliminate the outdated reference to analog television; and should reaffirm that noncommercial educational television broadcast stations (NCEs) may offer Broadcast internet services. The Commission also reinterprets the application to permit noncommercial educational stations (NCEs) to devote the substantial majority of their spectrum not just to free over-the-air television but also ancillary and supplementary services; lowers the ancillary and supplementary service fee for certain NCE services; and clarifies that NCEs may offer limited Broadcast internet services to donors without transforming those donations into feeable ancillary and supplementary service revenue.

The NCUA Board (Board) is amending various parts of the NCUA's regulations to permit Low-income Designated Credit Unions, Complex Credit Unions, and New Credit Unions to issue Subordinated Debt for purposes of Regulatory Capital treatment. The Board issued the proposed Subordinated Debt rule at its January 2020 meeting. The Board is finalizing the rule largely as proposed, except for a few changes to various sections based on comments received. Such changes include amending the definition of Accredited Investor, providing a longer timeframe in which a credit union may issue Subordinated Debt after approval, reducing the required number of years of Pro Forma Financial Statements an Issuing Credit Union must provide with its application, clarifying the prohibition on Subordinated Debt issuances outside of the United States, and clarifying that the Board will publish a fee schedule only if it makes a determination to charge a fee.

Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to agreements with their foreign owners or custodians for temporary display in the exhibition ``Soutine/de Kooning: Conversations in Paint'' at The Barnes Foundation, Philadelphia, Pennsylvania and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register.

In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment.

This document corrects one technical error that appeared in the final notice published in the Federal Register on February 2, 2021 entitled ``Fifth Amendment to Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19'' and two technical errors that appeared in the final notice published in the Federal Register on Tuesday, February 16, 2021, entitled ``Sixth Amendment to Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19.''

As stipulated by the Federal Advisory Committee Act, the U.S. Department of Health and Human Service is hereby giving notice that the Presidential Advisory Council on HIV/AIDS (PACHA or the Council) will be holding the 70th full Council meeting utilizing virtual technology on March 8-March 9, 2021.

NMFS Alaska Groundfish and Halibut Seabird Working Group will meet to discuss seabird/fisheries interactions (vessel collisions), development of an Alaska coordinated strategic plan for reporting and monitoring fisheries interactions with birds listed under the Endangered Species Act, and an update on whether or not the short- tailed albatross is actually two distinct species.