May 2021 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) issued four exemptions in response to requests from three licensees. The exemptions afford these licensees temporary relief from certain requirements under NRC regulations. The exemptions are in response to the licensees' requests for relief due to the coronavirus 2019 disease (COVID-19) public health emergency (PHE). The NRC is issuing a single notice to announce the issuance of the exemptions.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bell Textron Canada Limited Model 505 helicopters. This proposed AD was prompted by three occurrences of metallic debris in the engine oil lubrication system causing the 12 volts direct current (VDC) reference voltage to be shorted to ground and loss of important flight information to the pilot. This proposed AD would require replacing a certain part-numbered relay panel assembly. The FAA is proposing this AD to address the unsafe condition on these products.

Pursuant to the Antarctic Conservation Act of 1978, as amended, the National Science Foundation (NSF) is amending its regulations to reflect changes to the list of designated historic sites or monuments (HSM) in Antarctica. These changes reflect decisions adopted by the Antarctic Treaty Parties at the XLII Antarctic Treaty Consultative Meeting, held in Prague, Czech Republic in 2019. The United States Department of State heads the United States delegation to these annual Antarctic Treaty meetings.

The United States Group on Earth Observations (USGEO) is preparing a document containing best practices for Federal government procurement of commercial Earth observation and geospatial data and services, per the 2019 National Plan for Civil Earth Observations. Information from private sector providers and users; academia, and the public is critical to that effort, and therefore USGEO is seeking public input. This notice invites the public to submit written comments on the topic generally and in response to specific questions outlined below, and to attend one of four virtual forums.

This notice announces the availability of EPA's Sulfuryl Fluoride Draft Interim Re-Entry Mitigation Measures and several registration review draft risk assessments for sulfuryl fluoride. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. EPA may pursue mitigation at any time during the registration review process if it finds that a pesticide poses unreasonable adverse effects to human health or the environment. To address human health incidents and in response to EPA's Office of Inspector General 2016 (OIG) Report, Additional Measures Can Be Taken to Prevent Deaths and Serious Injuries From Residential Fumigations (No. 17-P-0053), the EPA believes that the mitigation measures outlined in this Sulfuryl Fluoride Draft Interim Re-Entry Mitigation Measures are necessary to address identified human health risk concerns. The scope of this interim mitigation is focused on the use of sulfuryl fluoride as a structural fumigant in residential use sites. The Agency is also publishing several registration review risk assessments on sulfuryl fluoride for public comment.

This Notification is to inform the public that, consistent with the Supreme Court's decision in Bostock and Title IX, beginning May 10, 2021, the Department of Health and Human Services (HHS) will interpret and enforce section 1557 of the Affordable Care Act prohibition on discrimination on the basis of sex to include: Discrimination on the basis of sexual orientation; and discrimination on the basis of gender identity. This interpretation will guide the Office for Civil Rights (OCR) in processing complaints and conducting investigations, but does not itself determine the outcome in any particular case or set of facts.

On January 20, 2021, President Biden signed the Executive Order, ``Advancing Racial Equity and Support for Underserved Communities Through the Federal Government'' (Equity E.O.). Through the implementation of this Administration priority, the U.S. Department of Transportation (DOT or Department) will assess whether, and to what extent, its programs and policies perpetuate systemic barriers to opportunities and benefits for people of color and other underserved groups. These assessments will better equip the Department to develop policies and programs that deliver resources and benefits equitably to all. The Department solicits input from the public regarding available or potential data and assessment tools that could assist in the ongoing and continuous evaluation of Federal policies and programs concerning equitable services and safety in the transportation sector.

The Department of Defense (Department or DoD) is giving concurrent notice of a new Department-wide system of records pursuant to the Privacy Act of 1974 for the DoD 0006, ``Military Justice and Civilian Criminal Case Records'' system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of this system of records from certain provisions of the Privacy Act because of national security and law enforcement requirements.

This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border. Such travel will be limited to ``essential travel,'' as further defined in this document.

The Department of Commerce (Commerce) preliminarily determines that utility scale wind towers (wind towers) from Malaysia are not being, or are not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2019, through June 30, 2020. Interested parties are invited to comment on this preliminary determination.

The Department of Commerce (Commerce) preliminarily determines that utility scale wind towers (wind towers) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2019, through June 30, 2020. Interested parties are invited to comment on this preliminary determination.

The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

As required by the Mercury Export Ban Act of 2008, as amended (MEBA), the U.S. Department of Energy (DOE) must identify a facility or facilities for the long-term management and storage of elemental mercury generated within the United States. To this end, DOE intends to prepare a supplemental environmental impact statement (DOE/EIS-0423-S2; SEIS-II) to supplement both the January 2011 Environmental Impact Statement for the Long-Term Management and Storage of Elemental Mercury (DOE/EIS-0423; 2011 Mercury Storage EIS) and the September 2013 Supplemental Environmental Impact Statement for the Long-Term Management and Storage of Elemental Mercury (DOE/EIS-0423-S1; 2013 Mercury Storage SEIS) by updating these previous analyses of potential environmental impacts and analyzing additional alternatives, in accordance with the National Environmental Policy Act (NEPA).

Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.

This action removes Colored Federal airway, R-50, and amends Alaskan VOR Federal airway, V-319, and United States Area Navigation (RNAV) Routes T-219 and T-269 in Alaska. The modifications are necessary due to the planned decommissioning of the Nanwak Non- Directional Beacon (NDB) and Distance Measuring Equipment (DME) in Mekoryuk, AK, which provides navigation guidance for portions of the affected routes. The Nanwak NDB/DME (AIX) is to be decommissioned effective June 17, 2021 due to the high cost of maintenance.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), notice is hereby given of a proposed administrative settlement with Pacific Tent & Awning (Pacific Tent), for payment of costs of investigation and remediation at the Industrial Waste Processing (IWP) Site located at 7140 North Harrison Street, Fresno, California. The Environmental Protection Agency (EPA) enters the settlement pursuant to Section 122(h)(1) of CERCLA. The settlement provides for Pacific Tent's payment of $21,000, plus interest, towards costs incurred by EPA and the United States in investigating and remediating contamination resulting from reclamation of solvents from printing operations, glycols from fluids used in natural gas dehydration, and lead solder and zinc from waste solder flux generated by the metal can manufacturing industry during IWP's operations at the Site in 1967-1981. The settlement includes a covenant not to sue pursuant to Sections 106 or 107(a) of CERCLA. For thirty (30) days following the date of publication of this Notice in the Federal Register, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105.

The Coast Guard is amending and updating its special local regulations for recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas.