September 28, 2021 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Pe[ntilde]asco least chipmunk (Neotamias minimus atristriatus), a mammal from New Mexico, as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the Pe[ntilde]asco least chipmunk as an endangered species under the Act. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We also propose to designate critical habitat for the Pe[ntilde]asco least chipmunk under the Act. The proposed critical habitat designation includes approximately 2,660 hectares (6,574 acres) in three units in New Mexico. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat.

We, the U.S. Fish and Wildlife Service (Service), propose to list the South Llano Springs moss (Donrichardsia macroneuron), an aquatic moss species from Texas, as an endangered species and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the species is warranted. This determination also serves as our 12-month finding on a petition to list the South Llano Springs moss. Accordingly, we propose to list the South Llano Springs moss as an endangered species. If we finalize this rule as proposed, it would add this species to the list of Endangered and Threatened Plants and extend the Act's protections to the species. We also propose to designate critical habitat for the South Llano Springs moss under the Act. In total, approximately 0.19 hectares (0.48 acres) in Edwards County, Texas, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the South Llano Springs moss.

On June 15, 2012, the U.S. Department of Homeland Security (DHS) established the Deferred Action for Childhood Arrivals (DACA) policy. The policywhich describes the Secretary of Homeland Security's (Secretary's) exercise of her prosecutorial discretion in light of the limited resources that DHS has for removal of undocumented noncitizensdirected U.S. Citizenship and Immigration Services (USCIS) to create a process to defer removal of certain noncitizens who years earlier came to the United States as children, meet other criteria, and do not present other circumstances that would warrant removal. Since that time, more than 825,000 people have applied successfully for deferred action under this policy. On January 20, 2021, President Biden directed DHS, in consultation with the Attorney General, to take all appropriate actions to preserve and fortify DACA, consistent with applicable law. On July 16, 2021, the U.S. District Court for the Southern District of Texas vacated the June 2012 memorandum that created the DACA policy and what the court called the ``DACA program,'' and it permanently enjoined DHS from ``administering the DACA program and from reimplementing DACA without compliance with'' the Administrative Procedure Act (APA). However, the district court temporarily stayed its vacatur and injunction with respect to most individuals granted deferred action under DACA on or before July 16, 2021, including with respect to their renewal requests. The district court's vacatur and injunction were based, in part, on its conclusion that the June 2012 memorandum announced a legislative rule that required notice-and-comment rulemaking. The district court further remanded the ``DACA program'' to DHS for further consideration. DHS has appealed the district court's decision. Pursuant to the Secretary's broad authorities to administer and enforce the immigration laws, consistent with the district court's direction to consider a number of issues on remand, and after careful consideration of the arguments and conclusions on which the district court's decision is based, DHS puts forward for consideration the following proposed rule. DHS invites public comments on the proposed rule and possible alternatives.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 5, of a proposed administrative settlement for recovery of past response costs concerning the West Vermont Drinking Water Contamination Site (Site) in Indianapolis, Indiana with the following parties: AIMCO Michigan Meadows Holdings, LLC and AIMCO Properties, L.P. nka Apartment Income REIT, L.P. and Genuine Parts Company, as the Settling Parties and Respondents, and also AIMCO-GP, Inc. nka AIR-GP, Inc. and Apartment Investment and Management Company as Other Covered Parties. The settlement requires the Respondents to pay $2,825,000 in past response costs to a Special Account. Respondents will also prepare an Engineering Evaluation and Cost Analysis as well as pay specified interim and future response costs. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the cost recovery component of this settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at www.epa.gov/ superfund/west-vermont-water.

The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21-cv-00308 (D.D.C. Feb. 2, 2021), has postponed the effective date of portions of the final rule making amendments to the Uniform Administrative Requirements, promulgated on January 12, 2021.

We, NMFS, propose a regulation under the Marine Mammal Protection Act (MMPA) to establish mandatory time-area closures of Hawaiian spinner dolphins' essential daytime habitats at five selected sites in the Main Hawaiian Islands (MHI). These regulatory measures are intended to reduce take of Hawaiian spinner dolphins from occurring in inshore marine areas at essential daytime habitats, and where high levels of disturbance from human activities are most prevalent. During designated times, unless subject to an exception as described in this rule, these regulatory measures would prohibit any person or vessel, on or below the surface, to enter, cause to enter, solicit to enter, or remain within any of the five time-area closures, for the purpose of preventing take of Hawaiian spinner dolphins in areas identified as important essential daytime habitats for spinner dolphins that have high levels of human disturbance. The proposed mandatory time-area closures would occur from 6 a.m. to 3 p.m. daily in areas of Kealakekua Bay, H[omacr]naunau Bay, Kauhak[omacr] Bay (Ho`okena), and Makako Bay on Hawai`i Island, and La Perouse Bay on Maui.

We, NMFS, establish a regulation under the Marine Mammal Protection Act (MMPA) to prohibit swimming with and approaching a Hawaiian spinner dolphin within 50 yards (45.7 meters (m)) (for persons, vessels, and objects), including approach by interception. These regulatory measures are intended to prevent take of Hawaiian spinner dolphins from occurring in marine areas where viewing pressures are most prevalent; the swim-with and approach prohibitions apply in waters within 2 nautical miles (nmi; 3.7 kilometers (km)) of the Hawaiian Islands and in designated waters bounded by the islands of L[amacr]na`i, Maui, and Kaho`olawe. Although unauthorized take of marine mammals, including harassment of spinner dolphins, already is and continues to be prohibited under the MMPA throughout their range, the purpose of this regulation is to identify and prohibit specific human activities that result in take (including harassment) of Hawaiian spinner dolphins, and thus reduce disturbance and disruption of important Hawaiian spinner dolphin behaviors in areas where human- dolphin interactions are most likely to occur. This regulation is expected to reduce take of Hawaiian spinner dolphins and the impact of human viewing and interaction on these animals in the main Hawaiian Islands (MHI).

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision to the Mecklenburg County portion of the North Carolina SIP, hereinafter referred to as the Mecklenburg Local Implementation Plan (LIP). The revision was submitted by the State of North Carolina, through the North Carolina Division of Air Quality (NCDAQ), on behalf of Mecklenburg County Air Quality (MCAQ) via a letter dated April 24, 2020, and was received by EPA on June 19, 2020. The revision updates several Mecklenburg County Air Pollution Control Ordinance (MCAPCO) rules incorporated into the LIP. EPA is finalizing these changes pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is taking direct final action on the authorization of Arizona's changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes were outlined in an application to the EPA and correspond to certain Federal rules promulgated between July 1, 2007, and June 30, 2020. We have determined that these changes satisfy all requirements needed for final authorization.

In this document, the Federal Communications Commission (Commission) addresses three petitions for reconsideration of the 2017 Report and Order in this proceeding, which reorganized and updated the Personal Radio Services rules. Cobra Electronics Corporation (Cobra), Motorola Solutions, Inc. (Motorola), and Medtronic, Inc. (Medtronic) each filed a petition for reconsideration of particular aspects of the Report and Order regarding specific services. In the Memorandum Opinion and Order on Reconsideration, the Commission finds that the public interest will be served by granting the petitions and making some additional rule corrections.