2021 – Federal Register Recent Federal Regulation Documents

The Postal Service revises its regulations in Publication 52, Hazardous, Restricted, and Perishable Mail, to incorporate new statutory restrictions on the mailing of electronic nicotine delivery systems. Like cigarettes and smokeless tobacco, such items are generally nonmailable, subject to certain exceptions.

The Securities and Exchange Commission (``Commission'') is reopening the comment period for its proposal to implement the provisions of Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act''). The proposed rule would direct the national securities exchanges and national securities associations to establish listing standards that would require each issuer to develop and implement a policy providing for the recovery, under certain circumstances, of incentive-based compensation based on financial information required to be reported under the securities laws that is received by current or former executive officers, and require disclosure of the policy (the ``Proposed Rules''). The Proposed Rules were set forth in a release published in the Federal Register on July 14, 2015 (Release No. 34-75342) (the ``Proposing Release''), and the related comment period ended on September 14, 2015. The reopening of this comment period is intended to allow interested persons further opportunity to analyze and comment upon the Proposed Rules in light of developments since the publication of the Proposing Release and our further consideration of the Section 954 mandate.

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/or nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rule action, EPA is only 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 Allegheny 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.

The Department of Veterans Affairs (VA) proposes to revise its medical regulations to add chiropractic services to the definitions of medical services and preventive care. VA would further revise the definition of medical services to include rehabilitative services consistent with its statutory definition and to reflect changes made in other VA medical regulations and in prior legislation not previously codified. The proposed amendments would make VA medical regulations consistent with current practices, prior changes in law and VA's medical regulations, and changes in law made by the Consolidated Appropriations Act, 2018. These amendments would not substantively change the current administration of medical benefits to veterans.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the narrow-headed gartersnake (Thamnophis rufipunctatus) under the Endangered Species Act of 1973 (Act), as amended. In total, 23,785 acres (9,625 hectares) in Greenlee, Apache, Yavapai, Gila, and Coconino Counties, Arizona, and Grant, Hidalgo, and Catron Counties, New Mexico, fall within the boundaries of the critical habitat designation for the narrow-headed gartersnake. This rule extends the Act's protections to the narrow-headed gartersnake's designated critical habitat.

The Federal Trade Commission (``FTC'' or ``Commission'') issues amendments to update the comparability ranges and sample labels for central air conditioners in the Energy Labeling Rule (``Rule'').

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing four Venezuela-related web general licenses (GLs) in the Federal Register: GL 7, GL 7A, and GL 7B, each of which is now expired and was previously issued on OFAC's website, as well as GL 7C, which was also previously issued on OFAC's website.

This document corrects technical and typographical errors in the final rule that appeared in the August 13, 2021, issue of the Federal Register titled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2022 Rates; Quality Programs and Medicare Promoting Interoperability Program Requirements for Eligible Hospitals and Critical Access Hospitals; Changes to Medicaid Provider Enrollment; and Changes to the Medicare Shared Savings Program.''

The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs), abbreviated new animal drug applications (ANADAs), and conditional new animal drug applications (cNADAs) during January, February, and March 2021. FDA is informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to improve the accuracy and readability of the regulations.

The Department of Health and Human Services (HHS or the Department) is proposing to repeal two final rules: ``Department of Health and Human Services Good Guidance Practices,'' published in the Federal Register of December 7, 2020; and ``Department of Health and Human Services Transparency and Fairness in Civil Administrative Enforcement Actions,'' published in the Federal Register of January 14, 2021.

This document contains a correction to Treasury Decision 9957, which was published in the Federal Register on Tuesday, September 28, 2021. Treasury Decision 9957 establishes a new user fee of $67 for persons requesting the issuance of IRS Letter 627, also referred to as an estate tax closing letter.

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of Washington's Underground Storage Tank (UST) program submitted by the State. The EPA has determined that these revisions satisfy all requirements needed for program approval. This action also codifies the EPA's approval of Washinton's state program and incorporates by reference those provisions of the State's regulations that we have determined meet the requirements for approval. The State's federally-authorized and codified UST program, as revised pursuant to this action, will remain subject to the EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions.

The FAA is adopting a new airworthiness directive (AD) for certain serial-numbered Leonardo S.p.a. Model AW119 MKII helicopters. This AD was prompted by the discovery that the passenger cabin windows (windows) on a batch of helicopters were improperly installed during production. This AD requires removing and reinstalling the windows. The FAA is issuing this AD to address the unsafe condition on these products.

The Office of Personnel Management (OPM) is issuing a proposed rule to expand eligibility for enrollment in the Federal Employees Dental and Vision Insurance Program (FEDVIP) to additional categories of Federal employees. This proposed rule expands eligibility for FEDVIP to certain Federal employees on temporary appointments and certain employees on seasonal and intermittent schedules that became eligible for Federal Employees Health Benefits (FEHB) enrollment beginning in 2015. This rule also expands access to FEDVIP benefits to certain firefighters on temporary appointments and intermittent emergency response personnel who became eligible for FEHB coverage in 2012. This proposed rule also updates the provisions on enrollment for active duty service members who become eligible for FEDVIP as uniformed service retirees pursuant to the National Defense Authorization Act of 2017 (FY17 NDAA). In addition, this rule proposes to add qualifying life events (QLEs) for enrollees who may become eligible for and enroll in dental and/or vision services from the Department of Veterans Affairs (VA). Lastly, the rule also proposes technical corrections and clarifications to the part.

The Coast Guard proposes to incorporate by reference updated marine engineering standards and eliminate outdated or unnecessarily prescriptive regulations in Title 46 of the Code of Federal Regulations (CFR) subchapter F. This proposed rule is part of a continuing effort for regulatory reform that increases compliance options for the regulated public while providing a cost savings to the regulated public and the U.S. government.

The Defense Nuclear Facilities Safety Board (DNFSB or Board) is confirming the effective date of November 29, 2021, for the direct final rule that was published in the Federal Register on August 30, 2021. The direct final rule amended the DNFSB's regulation implementing the Government in the Sunshine Act to include changes included in the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (NDAA).

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-841 and A330-941 airplanes. This AD was prompted by a report of incorrect take-off computations for crosswinds above 20 knots. This AD requires amending the existing aircraft flight manual (AFM), as specified in a European Union Aviation Safety Agency (EASA), which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

On November 25, 2020, the Bureau of Prisons (Bureau) published a proposed rule to revise its procedures regarding time credits as authorized by the First Step Act of 2018 (FSA), hereinafter referred to as ``FSA Time Credits.'' The comment period for that rule closed on January 25, 2021. The Bureau is reopening the comment period for an additional 30-day period to request further public comment on the applicability of the FSA Time Credits to D.C. Code Offenders.

In this final rule, the Department of Homeland Security (DHS) makes the 2021 annual inflation adjustment to its civil monetary penalties. On November 2, 2015, the President signed into law The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (The 2015 Act). Pursuant to the 2015 Act, all agencies must adjust their civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this final rule adjusts the Department's civil monetary penalties for 2021 pursuant to the 2015 Act and Executive Office of the President (EOP) Office of Management and Budget (OMB) guidance. The new penalties will be effective for penalties assessed after October 18, 2021 whose associated violations occurred after November 2, 2015.

NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico Fishery Management Council (Council). For Gulf of Mexico (Gulf) lane snapper, this proposed rule would modify the annual catch limit (ACL) and revise an accountability measure (AM). The purposes of this proposed rule are to prevent overfishing of lane snapper and achieve optimum yield (OY). This proposed rule would also make minor administrative changes to replace outdated NMFS website addresses and language about required software for the Individual Fishing Quota (IFQ) programs.

The FAA is superseding emergency Airworthiness Directive (AD) 2018-23-52, which applied to all Leonardo S.p.a. Model AW169 and AW189 helicopters. AD 2018-23-52 required inspecting the nut, cotter pin, lock-wire, and hinge bracket connected to the tail rotor servo-actuator (TRA) feedback lever link, and each connection of the TRA feedback lever link, and repair if necessary. AD 2018-23-52 also required applying a paint stripe or torque seal on the nut and reporting certain information. This AD requires repetitive inspections of the TRA, repetitive inspections and checks of the tail rotor duplex bearings (TR DB), installation of an improved TRA and TR DB, repetitive installations and checks of thermal strips, replacement of the improved TR DB (life limit), and applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a report of an accident of a Model AW169 helicopter, which was observed to have lost yaw control prior to the accident and a determination that certain inspections and checks of the TR DB, installation of an improved TRA and TR DB, certain other actions, and applicable corrective actions are necessary to address the unsafe condition. 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 Bell Textron Canada Limited (type certificate previously held by Bell Helicopter Textron Canada Limited) Model 429 helicopters. This AD was prompted by reports of incorrectly staked spherical bearings in the directional control bellcrank assembly. This AD requires a one-time inspection of the lower surface of the spherical bearing in the directional control bellcrank assembly to determine if it is properly staked and, depending on the findings, applicable corrective actions. For certain helicopters, this AD also requires repetitive inspections and, depending on the findings, applicable corrective actions. This AD also provides a terminating action for the repetitive inspections. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, AS-365N2, AS 365 N3, EC120B, EC130B4, EC130T2, EC 155B, EC155B1, SA-365N, and SA-365N1 helicopters; and Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, MBB-BK117 C-2, and MBB-BK117 D-2 helicopters. This AD was prompted by failure of an Emergency Flotation System (EFS) float compartment to inflate during maintenance of the EFS. This AD requires inspecting certain EFSs and depending on the results, marking certain parts or removing certain parts from service, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference (IBR). 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 Leonardo S.p.a Model AW189 helicopters. This AD was prompted by a report of an incorrect connection of the inflation hoses to the tee manifolds of the inflation line on the emergency flotation system (EFS) assembly. This AD requires visually inspecting the yellow sleeves and hoses installed on each EFS assembly and depending on the inspection results, accomplishing the corrective actions in the applicable service information as specified in a European Aviation Safety Agency (now 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.

The FAA is adopting a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AW169 helicopters. This AD was prompted by reports of in-flight pilot collective stick oscillation. This AD requires a one-time measurement of the friction of the pilot collective stick assembly to verify that it is within the allowable range and, depending on findings, making an adjustment to restore the acceptable level of friction, as specified in a European Aviation Safety Agency (now 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.