April 2021 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone for all navigable waters of Corpus Christi Bay and the Corpus Christi Ship Channel. This action is necessary to provide for the safety of life on these navigable waters near the Corpus Christi Bayfront, during an airshow. This rulemaking will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Corpus Christi or a designated representative.

In this rule, the Drug Enforcement Administration places 10 specified fentanyl-related substances permanently in schedule I of the Controlled Substances Act. These 10 specific substances all fall within the definition of fentanyl-related substances set forth in a February 6, 2018, temporary scheduling order. Through the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act, which became law on February 6, 2020, Congress extended the temporary control of fentanyl-related substances until May 6, 2021. The regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle any of these 10 specified fentanyl-related substances will continue to be applicable permanently as a result of this action.

The Coast Guard will enforce the special local regulation for the Crystal Pier Outrigger Race on May 8, 2021. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and general users of the waterway. Our regulation for marine events within the Eleventh Coast Guard District identifies the regulated area for this event in San Diego, CA. During the enforcement period, persons and vessels are prohibited from anchoring, blocking, loitering, or impeding within this regulated area unless authorized by the Captain of the Port, or his designated representative.

In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021 from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' HUD is reviewing all its pending proposed rules to determine which should move forward. HUD has identified a proposed rule, ``Making Admission or Placement Determinations Based on Sex in Facilities Under Community Planning and Development Housing Programs'' that is inconsistent with the Executive Order entitled ``Advancing Racial Equity and Support for Underserved Communities Through the Federal Government'' and the Executive Order entitled ``Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.'' This document informs the public that HUD has determined not to pursue this proposed rule previously published in the Federal Register. HUD will proceed to formally withdraw the rule from HUD's upcoming Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions.

The Rural Business-Cooperative Service (RBCS and/or Agency), a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as the Agency, is publishing this final rule for the Rural Energy for America Program (REAP). The intent of this rule is to remove the provisions relating to guaranteed loans and to make other revisions to enhance program delivery and customer service for the REAP program. Program enhancements that support a greater distribution of funds as well as processing and servicing clarifications are also being incorporated into this update.

This action implements measures for the Northeast multispecies fishery for the 2021 fishing year. This action is necessary to ensure that the Northeast multispecies common pool fishery may achieve the optimum yield for the relevant stocks, while controlling catch to help prevent in-season closures or quota overages. These measures include possession and trip limits, the allocation of zero trips into the Closed Area II Yellowtail Flounder/Haddock Special Access Program for common pool vessels to target yellowtail flounder, and the closure of the Regular B Days-at-Sea Program.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD- 500-1A11 airplanes. This proposed AD was prompted by a design review that identified rib 0 of the center wing box (CWB) as an area where a single failure of a clamshell type refuel/defuel line coupling could lead to the accumulation of dangerous levels of electrostatic charges within the fuel tank. This proposed AD would require replacing the clamshell type refuel/defuel line coupling in the CWB at rib 0 with a threaded type fuel coupling, and installing an additional support bracket and clamp in the CWB at rib 0, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.

This regulation establishes time-limited tolerances for residues of the insecticide flupyradifurone including its degradates and metabolites in or on sugarcane, cane and sugarcane, molasses. This action is associated with the utilization of a crisis exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sugarcane. This regulation establishes a maximum permissible level for residues of flupyradifurone in or on these commodities. The time-limited tolerances expire on December 31, 2023.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums and Obstacle Departure procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A320-271N, A321-211, and A321-271N airplanes. This AD was prompted by reports of missing overhead stowage compartment (OHSC) X-fixation brackets or brackets that were incorrectly installed during assembly. This AD requires a special detailed inspection of the OHSC X-fixation brackets for missing or incorrectly installed brackets, and installation or replacement the OHSC X-fixation brackets if necessary; or modification of each OHSC; as specified in a European Union Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding a new expedited registration option and a conforming amendment to the Office's Freedom of Information Act regulations, under the Copyright Alternative in Small-Claims Enforcement Act. To qualify for this expedited registration option, the work(s) being registered must be the subject of a claim or counterclaim before the Copyright Claims Board. The Office invites public comments on this proposed rule.

The FAA is adopting a new airworthiness directive (AD) for PZL Swidnik S.A. (PZL) Model W-3A helicopters. This AD requires repetitive inspections of a certain part-numbered stainless steel cable (cable) installed on a certain part-numbered hoist assembly, and depending on those inspection results, removing certain parts from service and reporting the results. This AD also prohibits installing the affected part unless it is inspected per the AD requirements. This AD was prompted by wear of and damage to the cable near the swaged terminal due to movement of the hook assembly. The actions of this AD are intended to address an unsafe condition on these products.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from surface preparation and clean-up operations. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

The Coast Guard is proposing to establish a temporary safety zone for certain waters of Sturgeon Bay, WI. This action is necessary to provide for the safety of life on these navigable waters during the boat parade for the Graduates of Sturgeon Bay High School on May 29, 2021. This proposed rulemaking would restrict usage by persons and vessels within the safety zone. At no time during the effective period may non-parade vessels transit the waters of Sturgeon Bay between the Highway 42 Bridge and Michigan Street Bridge. These restrictions would apply to all vessels during the effective period unless authorized by the Captain of the Port Lake Michigan or a designated representative. We invite your comments on this proposed rulemaking.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the Yangtze sturgeon (Acipenser dabryanus). Loss of individuals due to overharvesting on the Yangtze River is the main factor that contributed to the historical decline of the species. Despite conservation efforts, this species is still currently in decline, due primarily to the effects of dams and bycatch. This rule adds the Yangtze sturgeon to the List of Endangered and Threatened Wildlife.

The Coast Guard is proposing to establish temporary special local regulations for certain waters of the Potomac River. This action is necessary to provide for the safety of life on these navigable waters located between Jones Point, VA, and National Harbor, MD, during a swim event on June 6, 2021. This proposed rulemaking would prohibit persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Event Patrol Commander. We invite your comments on this proposed rulemaking.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Kentucky regulatory program (the Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The State submitted proposed revisions to the Kentucky Administrative Regulations (KAR) that establish the requirements for a permit applicant to demonstrate a legal right of entry and right to mine on land with severed surface and mineral estates. Kentucky submitted this proposed amendment to modify the requirements for demonstrating legal right of entry and right to mine on proposed coal mines sites with severed minerals.

The Federal Energy Regulatory Commission has proposed in this proceeding to revise its existing regulations that implemented section 219 of the Federal Power Act (FPA) in light of the changes in transmission development and planning over the last few years. This supplemental notice of proposed rulemaking proposes to modify the incentive proposed for transmitting and electric utilities that join Transmission Organizations in the March 20, 2020 notice of proposed rulemaking in this proceeding. In addition, pursuant to FPA section 206, we propose to require each utility that has received an incentive for joining and remaining in a transmission organization for three or more years to submit a compliance filing revising its tariff to remove the incentive from its transmission tariff.

The Commission delays the compliance date for the requirements of its final rule, ``Data Collection for Analytics and Surveillance and Market-Based Rate Purposes'' (Order No. 860) until July 1, 2021.

The FAA is adopting a new airworthiness directive (AD) for all Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was prompted by reports of an oil pump blockage on E4 model diesel piston engines. This AD requires replacing a certain oil pump as well as the oil filter and engine oil. 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 The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This 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 AD requires 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 issuing this AD to address the unsafe condition on these products.

The Postal Service seeks public comment on proposed revisions to the service standards for market-dominant mail products. The Postal Service proposes to apply a two-day service standard to intra-Sectional Center Facility (SCF) First-Class Mail where the SCF is both the origin and destination Processing & Distribution Center or Facility (P&DC/F), and to intra-SCF and inter-SCF First-Class Mail if the combined drive time between the origin P&DC/F, destination Area Distribution Center (ADC), and destination SCF is 3 hours or less. For inter-SCF First- Class Mail within the 48 contiguous states (which include, for purposes of these standards, the District of Columbia) where the combined drive time between the origin P&DC/F, destination ADC, and destination SCF is more than 3 hours, but does not exceed 20 hours, the Postal Service proposes a three-day service standard; the same standard would apply for intra-SCF First-Class Mail if the combined drive time exceeds 3 hours and the SCF is not the origin P&DC/F. The Postal Service proposes a four-day service standard for inter-SCF First-Class Mail within the 48 contiguous states where the combined drive time between the origin P&DC/F, destination ADC, and destination SCF is more than 20 hours, but does not exceed 41 hours; and for certain First-Class Mail originating from and/or destined to certain portions of the non-contiguous states and territories. A five-day service standard would apply in the 48 contiguous states if the combined drive time between the origin P&DC/F, destination ADC, and destination SCF exceeds 41 hours, and also for other First-Class Mail originating from and/or destined to the non-contiguous states and territories. The Postal Service also proposes to apply a three-to-six-day service standard for certain Periodicals, rather than the current three-to-four-day standard, because they are merged with First-Class Mail.

This action proposes to establish Class E domestic en route airspace extending upward from 1,200 feet above the surface at Mountain Home, ID. This airspace would facilitate vectoring of Instrument Flight Rules (IFR) aircraft and it would properly contain IFR aircraft operating on direct routes under the control of Salt Lake City Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of IFR operations within the National Airspace System (NAS).

This proposed rule invites comments on a recommendation from the Idaho-Eastern Oregon Potato Committee (Committee) to revise the size requirements for Irish potatoes grown in certain designated counties of Idaho, and Malheur County, Oregon. The Committee recommended this action to improve the handling and marketing of Idaho- Eastern Oregon potatoes and increase returns to producers.

The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), new and updated administrative rules for the Ohio State Implementation Plan (SIP) for the New Source Review (NSR) permitting program. The new and amended administrative rules in the Ohio Administrative Code (OAC) replace the currently effective procedural rules in the NSR SIP in their entirety. As part of this action, EPA is also approving the removal of obsolete language related to Significant Deterioration of Air Quality. EPA proposed to approve this action on February 26, 2021 and received no adverse comments.