March 2021 – Federal Register Recent Federal Regulation Documents

The FAA proposes to amend two Jet Routes and one VHF Omnidirectional Range (VOR) Federal Airway; establish one low altitude RNAV route; and revoke one Domestic Low Altitude Reporting Point, in the northcentral United States. This action is necessary due to the planned decommissioning of the VOR portion of the Humboldt, MN, VOR/ Tactical Air Navigation (VORTAC) which provides navigation guidance to portions of the affected Air Traffic Service (ATS) routes. The Humboldt VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (VOR MON) program.

This action amends Jet Route J-134, Area Navigation (RNAV) route Q-67, and VHF Omnidirectional Range (VOR) Federal airways V-45 and V-119; establishes RNAV route Q-176; and removes Jet Route J-91 and VOR Federal airway V-174 in the vicinity of Henderson, WV. The Air Traffic Service (ATS) route modifications are necessary due to the planned decommissioning of the VOR portion of the Henderson, WV, VOR/ Tactical Air Navigation (VORTAC) navigation aid (NAVAID). The Henderson VORTAC provides navigation guidance for portions of the affected air traffic service (ATS) routes and the VOR portion is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This document summarizes technical amendments to the Federal Acquisition Regulation (FAR) in this Federal Acquisition Circular (FAC) 2021-05. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.

The Environmental Protection Agency (EPA) is correcting a final rule that appeared in the Federal Register on February 18, 2021, and that will become effective on March 22, 2021. The EPA finalized removal of the Inspection and Maintenance program from the active control measure portion of Washington's State Implementation Plan. This action corrects inadvertent typographical errors in the Federal Register. The corrections described in this action do not affect the substantive requirements of the final rule implementing section 110 of the Clean Air Act.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface for Doylestown Airport, Doylestown, PA, to accommodate area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures (SIAPs) serving this airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA proposes to supersede Airworthiness Directive (AD) 2019-07-07 for various Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK117 and Model BO-105 helicopters. AD 2019-07- 07 requires removing certain part numbered swashplate bellows (bellows) from service, cleaning and inspecting certain parts, and depending on the inspection results removing certain parts from service, applying torque, and repetitively inspecting the swashplate assembly (swashplate). AD 2019-07-07 also prohibits the installation of certain part-numbered bellows. This proposed AD would retain certain requirements of AD 2019-07-07, expand the installation prohibition, add additional inspections, and update the applicable service information. The actions of this proposed AD are intended to address an unsafe condition on these products.

This document contains corrections to the final regulations Treasury Decision 9936, that were published in the Federal Register on Friday, January 15, 2021. The final regulations regarding the determination of whether a foreign corporation is treated as a passive foreign investment company (``PFIC'') for purposes of the Internal Revenue Code (``Code''), and the application and scope of certain rules that determine whether a United States person that indirectly holds stock in a PFIC is treated as a shareholder of the PFIC.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the May 13, 2020 revisions to the Texas State Implementation Plan (SIP) concerning Reasonably Available Control Technology (RACT) requirement for the Houston-Galveston-Brazoria (HGB), 2008 8-hour ozone National Air Quality Ambient Air Quality Standards (NAAQS) nonattainment area (NA). The HGB area, designated as serious for 2008 8-hour ozone NAAQS, consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The RACT requirements apply to sources of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) in this area. We are also proposing to approve negative declarations for certain VOC source categories subject to RACT in the HGB area.

The Commission has before it a petition for rulemaking filed by KTUL Licensee, LLC, (Licensee), licensee of KTUL, channel 10, Tulsa, Oklahoma, requesting the substitution of channel 14 for channel 10 at Tulsa in the DTV Table of Allotments. The Licensee states that the Commission has recognized that VHF channels have certain propagation characteristics which may cause reception issues for some viewers, and also that reception of VHF signals require larger antennas that are generally not well suited to the mobile applications expected under flexible use, relative to UHF channels. KTUL has received numerous complaints from viewers unable to receive the Station's over-the-air signal, despite being able to receive signals from other stations. Licensee further states that with respect to operations on channel 14 and nearby land mobile services, it has determined that it can install the appropriate mask filter and antenna needed to avoid interference to land mobile operations. In addition, operation on channel 14 will not result in any predicted loss of service and would result in a substantial increase in signal receivability for KTUL viewers.

Section 104A of the Community Development Banking and Financial Institutions Act of 1994, which was added by the Consolidated Appropriations Act, 2021, establishes the Emergency Capital Investment Program to support capital investments in low- and moderate-income community financial institutions. The program is available to eligible minority depository institutions and community development financial institutions that are insured depository institutions, bank holding companies, savings and loan holding companies, or federally insured credit unions. Under Section 104A, the Secretary of the Treasury is required to issue rules setting restrictions on executive compensation, share buybacks, and dividend payments for recipients of capital investments under the program. This interim final rule establishes these restrictions.

NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hours, Alaska local time (A.l.t.), March 6, 2021, and will close 1200 hours, A.l.t., December 7, 2021. This period is the same as the 2021 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.

NMFS hereby extends the public comment period by 30 days for the proposed rule, published in the Federal Register on January 8, 2021, to designate critical habitat for the threatened Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies (Erignathus barbatus nauticus) under the Endangered Species Act (ESA). The end of the public comment period is extended from March 9, 2021, to April 8, 2021.

The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2021 annual management measures governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State. This action is intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC).

This regulation establishes tolerances for residues of fluindapyr in or on multiple commodities which are identified and discussed later in this document. FMC Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Video Division has before it a petition for rulemaking filed November 27, 2020 (Petition) by Gray Television Licensee, LLC (Petitioner), the licensee of KFVS-TV (CBS), channel 11 (KFVS or Station), Cape Girardeau, Missouri. The Petitioner requests the substitution of channel 32 for channel 11 at Cape Girardeau, Missouri in the DTV Table of Allotments. In support of its channel substitution request, the Petitioner states that the Commission has recognized that VHF channels have certain propagation characteristics which may cause reception issues for some viewers, and also that the ``reception of VHF signals require larger antennas . . . relative to UHF channels.'' According to the Petitioner, ``many of its viewers experience significant difficulty receiving KFVS-TV's signal'' and its channel substitution proposal will allow KFVS ``to deliver a more reliable over-the-air signal to viewers.'' The Petitioner further states that operation on channel 32 will not result in any predicted loss of service and would result in a substantial increase in signal receivability for KFVS viewers. We believe that the Petitioner's channel substitution proposal warrants consideration. Channel 32 can be substituted for channel 11 at Cape Girardeau, Missouri as proposed, in compliance with the principal community coverage requirements of the Commission's rules at coordinates 37-27-46.0 N and 89-30-14.0 W. In addition, we find that this channel change meets the technical requirements set forth in our regulations. We believe that the Petitioner's channel substitution proposal warrants consideration. Channel 32 can be substituted for channel 11 at Cape Girardeau, Missouri as proposed, in compliance with the principal community coverage requirements of the Commission's rules at coordinates 37-27- 46.0 N and 89-30-14.0 W. In addition, we find that this channel change meets the technical requirements set forth in our regulations.

The FAA inadvertently published the same final action twice, on February 23, 2021, and again on March 1, 2021. FAA is withdrawing the second, duplicate publication.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the El Dorado County Air Quality Management District (EDCAQMD) and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from architectural coatings and a rule that provides definitions for certain terms that are necessary for the implementation of local rules that regulate sources of air pollution. We are proposing to approve the rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to adopt a new airworthiness directive (AD) that would have applied to certain Bell Helicopter Textron Canada Model 206A, 206B, and 206B3 helicopters. The NPRM was prompted by the need for corresponding operating limitations prohibiting flight, including hover, with the litter doorpost removed when certain litter kits are installed. The NPRM would have required revising the Operating Limitations, Section 1, of the existing Rotorcraft Flight Manual (RFM) for your helicopter to add an operating limitation when a litter kit is installed to prohibit flight with the doorpost removed to prevent loss of structural integrity of the fuselage. Since issuance of the NPRM, the FAA has determined that an unsafe condition no longer exists. Accordingly, the NPRM is withdrawn.

This action corrects the final rule published in the Federal Register on January 21, 2021, amending the Class D and Class E airspace and revoking the Class E airspace designated as an extension to Class D and Class E surface areas at Muskegon County Airport, Muskegon, MI. The word ``Airport'' was inadvertently omitted from the Class E surface area airspace legal description for Muskegon County Airport.

The Federal Energy Regulatory Commission (Commission) is proposing to revise its regulations governing the filing requirements for qualifying conduits and certain major hydroelectric power projects. Specifically, the Commission is proposing to remove the requirement that a notice of intent to construct a qualifying conduit include a profile drawing showing the source of the hydroelectric potential in instances where a dam would be constructed in association with the facility and extend the licensing requirements that currently apply to major projects up to 5 MW to major projects 10 MW or less, consistent with the amended definition of a small hydroelectric power project in the Hydropower Regulatory Efficiency Act of 2013.

The Board is proposing to add the ``S'' (Sensitivity to Market Risk) component to the existing CAMEL rating system and redefine the ``L'' (Liquidity Risk) component, thus updating the rating system from CAMEL to CAMELS. The proposal to add the ``S'' component will enhance transparency and allow the NCUA, State Supervisory Authorities, and federally insured credit unions to better distinguish between liquidity risk (``L'') and sensitivity to market risk (``S''). The amendment would also enhance consistency between the regulation of credit unions and other financial institutions. The Board is proposing to implement the addition of the ``S'' rating component and a redefined ``L'' rating as early as the first quarter of 2022.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, AS355N and AS355NP helicopters; and certain Model AS350B3 helicopters. This AD was prompted by a report that, during an unscheduled post-flight inspection of the tail cone area, a crack was found in the spar of the upper part of the vertical fin and fractures were found in the two front attachment screws. This AD requires repetitive visual inspections of the right-hand side of the vertical fin spar for discrepancies (cracking), and corrective action 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.

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement U.S. sanctions on selected Burmese government ministries and related enterprises. Specifically, BIS amends the EAR by adding four entities to the Entity List under the destination of Burma. These four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The actions in this rule support the United States Government's efforts to promote a return to democracy in Burma following the February 1, 2021 Burmese military coup. They also reflect the United States Government's goal of supporting the people of Burma by preventing Burma' military and security services from obtaining items subject to the EAR.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Illinois State Implementation Plan (SIP) to amend requirements applicable to certain coal-fired electric generating units (EGUs) in the Illinois Administrative Code (IAC), also known as the Multi-Pollutant Standards Rule. On January 23, 2020, the Illinois Environmental Protection Agency (IEPA) submitted a request to amend the provisions of the Multi-Pollutant Standards Rule in the Illinois regional haze SIP. EPA is proposing to approve the revision because it will result in a significant decrease in emissions of NOX and SO2, meets the applicable requirements of the Clean Air Act (CAA), and does not interfere with any applicable requirement concerning attainment and reasonable further progress.

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