November 2021 – Federal Register Recent Federal Regulation Documents

This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2022-01, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2022-01, which precedes this document.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that requires providing public notices of determinations for substantial bundling and consolidation of contract requirements.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2022-01. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-9 airplanes. This AD was prompted by a report of missing sealant on the left and right wing leading edge outboard blowout door. This AD requires doing a fluid seal contact inspection and a detailed inspection for missing sealant on each blowout door and applying sealant if necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2018-16-10 which applied to certain GE Aviation Czech s.r.o. (GEAC) H80-200 model turboprop engines. AD 2018-16-10 required an adjustment of the engine push-pull control and replacement of the beta switch to prevent the propeller governor control from going to a negative thrust position. This AD requires an initial inspection and adjustment of the engine push-pull control and replacement of the beta switch. This AD also requires inspection and adjustment of the engine push-pull control after any maintenance, repair or modification that affects the push- pull control and installation of an improved push-pull control. This AD also expands the applicability to include GEAC H85-200 model turboprop engines with Avia Propeller AV-725 propellers installed. This AD was prompted by an accident involving an Aircraft Industries (AI) L 410 UVP-E20 airplane caused by one propeller going to a negative thrust position during the landing approach. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by reports that the sliding bushings in the forward engine mount system were missing. This AD requires an inspection (gap check) of the front and aft engine mounts to verify the proper installation of the sliding bushings, and repair if necessary. The FAA is issuing this AD to address the unsafe condition on these products.

In accordance with the regulations implementing the individual fishing quota (IFQ), Federal dealer reporting, and Federal charter vessel and headboat (for-hire vessel) reporting programs specific to the reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS, has determined that the catastrophic conditions caused by Hurricane Ida in the Gulf still exists for Jefferson parish in Louisiana. This temporary rule authorizes any dealer in the affected area described in this temporary rule who does not have access to electronic reporting to delay reporting of trip tickets to NMFS and authorizes IFQ participants within the affected area to use paper-based forms, if necessary, for basic required administrative functions. This rule also authorizes any Federal for-hire owner or operator in the affected area described in this temporary rule who does not have access to electronic reporting to delay reporting of logbook records to NMFS. This temporary rule is intended to facilitate continuation of IFQ, dealer, and Federal for- hire reporting operations during the period of catastrophic conditions.

The Food Safety and Inspection Service (FSIS) is correcting its regulations requiring official plants that process egg products (herein also referred to as ``egg products plants'' or ``plants'') to develop and implement Hazard Analysis and Critical Control Point (HACCP) Systems and Sanitation Standard Operating Procedures (Sanitation SOPs) and to meet other sanitation requirements consistent with FSIS' meat and poultry regulations.

NMFS issues this final rule to implement Amendment 14 to the Fishery Management Plan (FMP) for the Salmon Fisheries in the Exclusive Economic Zone (EEZ) Off Alaska (Salmon FMP). Amendment 14 will incorporate the Cook Inlet EEZ Subarea into the Salmon FMP's West Area, thereby bringing the Cook Inlet EEZ Subarea and the commercial salmon fisheries that occur within it under Federal management by the North Pacific Fishery Management Council (Council) and NMFS. This action will apply the prohibition on commercial salmon fishing that is currently established in the West Area to the newly added Cook Inlet EEZ Subarea. This final rule is necessary to comply with a U.S. Court of Appeals for the Ninth Circuit ruling and to ensure the Salmon FMP is consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Act, the Salmon FMP, and other applicable laws.

NMFS further delays the effective date for previously approved vessel location tracking requirements applicable to an owner or operator of charter vessel or headboat for which NMFS has issued a valid Federal charter vessel/headboat permit for federally managed reef fish or coastal migratory pelagic (CMP) species in the Gulf of Mexico (Gulf). This delay of the effective date will provide additional time for NMFS to complete testing of an additional vessel location tracking unit and provide additional time for litigation challenging these requirements to progress.

NMFS announces the reopening of the commercial sector for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial landings of red snapper indicate that the commercial annual catch limit (ACL) for the 2021 fishing year has not yet been reached. Therefore, NMFS reopens the commercial sector for red snapper in the South Atlantic EEZ for 4 calendar days to allow the commercial ACL to be reached, while minimizing the risk of the commercial ACL being exceeded.

NMFS announces that the State of North Carolina is transferring a portion of its 2021 commercial summer flounder quota to the State of Connecticut. This adjustment to the 2021 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2021 commercial quotas for North Carolina and Connecticut.

This action changes the effective date of a final rule published in the Federal Register on September 8, 2021, amending airspace for several airports in the south Florida area. The FAA is delaying the effective date to coincide with the completion of ongoing airspace projects in the area.

This action proposes to amend VHF Omnidirectional Range (VOR) Federal airways V-161, V-190, and V-307, and revoke V-516. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Oswego, KS, VOR/Distance Measuring Equipment (VOR/ DME) navigational aid (NAVAID). The Oswego VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

This action proposes to amend Jet Route J-8 and VHF Omnidirectional Range (VOR) Federal airway V-272; establish Area Navigation (RNAV) route T-420; and remove Jet Route J-142 and VOR Federal airways V-304 and V-390. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Borger, TX, VOR/Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The Borger VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

In this document, the Federal Communications Commission is extending the time to file reply comments in response to the 2021 ICS Further Notice in this proceeding in order to afford interested parties sufficient time to prepare them.

The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule amending the regulation text and official interpretations for Regulation Z, which implements the Truth in Lending Act (TILA). The Bureau is required to calculate annually the dollar amounts for several provisions in Regulation Z; this final rule revises, as applicable, the dollar amounts for provisions implementing TILA and amendments to TILA, including under the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), the Home Ownership and Equity Protection Act of 1994 (HOEPA), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The Bureau is adjusting these amounts, where appropriate, based on the annual percentage change reflected in the Consumer Price Index (CPI) in effect on June 1, 2021.

This action arises out of a statutory mandate in the FAA Reauthorization Act of 2018, which requires rulemaking to increase the minimum rest period for flight attendants in domestic, flag, and supplemental operations who are scheduled for a duty period of 14 hours or less. The statute also requires rulemaking to prohibit a reduction of the rest period under any circumstances. Consistent with the statutory mandate, the FAA proposes to amend its regulations to ensure that flight attendants scheduled to a duty period of 14 hours or less are given a scheduled rest period of at least 10 consecutive hours and that the rest period is not reduced under any circumstances.

The FAA is adopting a new airworthiness directive (AD) for certain Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was prompted by reports of failure of the high-pressure pump (HPP) driving gear and a subsequent determination that a batch of HPP driving gears may have been damaged during assembly. This AD requires, for engines with an affected cylinder head, inspection of the HPP driving gear and, depending on the results of the inspection, replacement of the HPP driving gear with a part eligible for installation. This AD also requires, for engines with an affected HPP driving gear, replacement of the HPP driving gear either before further flight or within a certain number of flight hours after the effective date of this AD. The FAA is issuing this AD to address the unsafe condition on these products.

NMFS proposes to implement an annual catch limit (ACL) of 492,000 lb (223,167 kg) for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for each of the fishing years 2021-22, 2022-23, and 2023- 24. As an in-season accountability measure (AM), if NMFS projects that the fishery will reach the ACL in any given fishing year, we would close the commercial and non-commercial fisheries in Federal waters for the remainder of the fishing year. As a post-season AM, if NMFS determines that the catch exceeded the ACL in a fishing year, we would reduce the ACL for the following fishing year by the amount of the overage. The proposed rule supports the long-term sustainability of Deep 7 bottomfish.

This action corrects the final rule published in the Federal Register on October 26, 2021, amending the Class D and Class E airspace at Ardmore, OK. A duplicate line of text was included in the Class E airspace extending upward from 700 feet above the surface airspace legal description.

This document corrects an inadvertent drafting error in final regulations published in the Federal Register on August 5, 2021, and effective on September 7, 2021. NMFS is reinstating a reporting requirement for the main Hawaiian Islands (MHI) non-commercial bottomfish fishery that was removed inadvertently in the final rule. The intent of this rule is to ensure continued timely monitoring and reporting of catch and other information.

This action proposes to amend United States Area Navigation (RNAV) route T-354, and establish RNAV route T-421 in the eastern United States. The proposed changes to the routes would expand the availability of RNAV routing in support of transitioning the National Airspace System (NAS) from ground-based to satellite-based navigation. Additionally, a portion of the RNAV routes would provide en route structure where VHF Omnidirectional Range (VOR) Federal airway segments would be removed due to VORs scheduled for decommissioning under the FAA's VOR Minimum Operational Network (MON) program.

This action proposes to amend United States Area Navigation (RNAV) route T-251 in the central United States due to the decommissioning of the Malden, MO, (MAW) VHF Omnidirectional Range Tactical Air Navigation (VORTAC), in support of the VHF Omnidirectional Range (VOR) Minimum Operational Network (MON) program for improved efficiency of the National Airspace System (NAS) while reducing the dependency on ground based navigational systems.

The Environmental Protection Agency (EPA) is approving multiple state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for individual major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rule action, EPA is approving source-specific RACT determinations (``case- by-case'' or alternative NOX emissions limits) for sources at nine major NOX and VOC emitting facilities located in Philadelphia County. These RACT evaluations were submitted to meet RACT requirements for the 2008 8-hour ozone national ambient air quality standard (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA's implementing regulations.