2021 – Federal Register Recent Federal Regulation Documents

The FAA is superseding Airworthiness Directive (AD) 78-02-03, which applied to all Piper Aircraft, Inc. (Piper) Model PA-23-250 airplanes. AD 78-02-03 required repetitively inspecting the stabilator tip tube and weight assemblies for cracks, inspecting for missing rivets and screws, replacing the forward rib/horn assemblies, and reinforcing the mounting. Since AD 78-02-03 was issued, Piper developed a newly-designed stabilator, which is not subject to the unsafe condition, and revised its service information. This AD retains the actions of AD 78-02-03, but reduces the applicability and requires the actions in the revised service information. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2012-06- 16, which applied to all Pilatus Aircraft Ltd. (Pilatus) Model PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A- H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C- H2, and PC-6/C1-H2 airplanes. AD 2012-06-16 required installing a new rudder and elevator locking screw and modifying the installation of the rudder and elevator hinge bolt. Since the FAA issued AD 2012-06-16, the European Union Aviation Safety Agency (EASA) superseded its mandatory continuing airworthiness information (MCAI) to correct an unsafe condition on these products. This AD does not retain any actions required by AD 2012-06-16 and requires inspecting and modifying the rudder, elevator, and right-hand (RH) aileron hinge bolt installations. The FAA is issuing this AD to address the unsafe condition on these products.

The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to remove text from the GSAR regarding internal architect-engineer selection procedures and move it into the General Services Administration Acquisition Manual (GSAM).

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the Hermes copper butterfly (Lycaena [Hermelycaena] hermes), a butterfly species from San Diego County, California, and Baja California, Mexico. We also designate critical habitat. In total, approximately 14,174 ha (35,027 ac) in San Diego County, California, fall within the boundaries of the critical habitat designation. This rule adds the species to the List of Endangered and Threatened Wildlife. We also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species.

The U.S. Department of Energy (``DOE'') proposes to amend the test procedure for automatic commercial ice makers (``ACIMs''; ``ice makers'') to update incorporated references to the latest version of the industry standards; establish relative humidity and water hardness test conditions; provide additional detail regarding certain test conditions, settings, setup requirements, and calculations; include a voluntary measurement of potable water use; clarify certification and reporting requirements; and add enforcement provisions. This notice of proposed rulemaking (``NOPR'') also proposes to provide additional detail to the DOE test procedure to improve the representativeness and repeatability of the current ACIM test procedure. DOE is seeking comment from interested parties on the proposal.

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Corpus Christi Ship Channel, between mile markers 19 and 20. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by pipelines that will be removed from the floor of the Corpus Christi Ship Channel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative.

The Environmental Protection Agency (EPA) is extending the expiration deadline of existing Federal, state, territory, and tribal certification plans. This deadline was established in 2017 when the EPA promulgated a final rule revising the Certification of Pesticide Applicators (CPA) regulations to improve the competency of certified applicators of restricted use pesticides (RUPs), increase protection for noncertified applicators using RUPs under the direct supervision of a certified applicator through enhanced pesticide safety training and standards for supervision of noncertified applicators, and establish a minimum age requirement for certified and noncertified applicators using RUPs under the direct supervision of a certified applicator. Federal, state, territory, and tribal certifying authorities with existing certification plans were required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of RUPs and submit their revisions for EPA review in March 2020. The existing plans are set to expire on March 4, 2022, unless the revised plans are approved by the Agency. EPA is extending the existing plans' expiration deadline to November 4, 2022. This will allow additional time for proposed certification plan modifications to continue being reviewed and approved by EPA without interruption to federal, state, territory, and tribal certification programs or to those who are certified to use RUPs under those programs. The extension also provides EPA with additional time to issue a proposed rule and seek public comment on the need for extending the expiration date beyond November 4, 2022.

In this final rule correction, the Department of Labor (Department) revises the DATES section of the final rule published on October 29, 2021 to make a technical correction, clarifying that in addition to 29 CFR 531.56(e) the Department is also withdrawing the revisions to 29 CFR 10.28(b)(2) that published on December 30, 2020.

The FAA is adopting a new airworthiness directive (AD) for all Viking Air Limited Model DHC-3 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as fatigue damage of the wing strut lug fitting components and the fuselage to wing strut attachment (tie-bar). This AD requires determining service life limits for the wing strut fitting on the main spar and for the tie-bar and following instructions for removal and replacement of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule entitled ``Alternate PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations.'' EPA published the proposed rule in the Federal Register on October 22, 2021, and the public comment period was scheduled to end on December 21, 2021. However, EPA has received at least one request for additional time to develop and submit comments on the proposal. In response to the request for additional time, EPA is extending the comment period for an additional 30 days, through January 20, 2022.

NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2021 commercial summer flounder quota to the State of Rhode Island. 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 Virginia and Rhode Island.

On July 22, 2021, the U.S. Department of Energy (``DOE'') published a notice of proposed rulemaking (``NOPR'') to revise the current definition of ``showerhead'' adopted in the December 16, 2020, final rule (``December 2020 Final Rule'') by reinstating the October 2013 definition of ``showerhead,'' withdraw the December 2020 final rule's interpretation of the term ``showerhead,'' and withdraw the associated definition for ``body spray.'' DOE did not propose any changes to the definition of ``safety shower showerhead.'' In this final rule, DOE revises the current definition of ``showerhead'' adopted in the December 2020 final rule by reinstating the October 2013 definition of ``showerhead'' as the Department finds that it is more consistent with the purposes of the Energy Policy and Conservation Act, as amended (``EPCA''). In addition, DOE removes the current definition of ``body spray'' adopted in the December 16, 2020 final rule. Finally, DOE maintains the definition of ``safety shower showerhead'' adopted in the December 2020 final rule.

The Board and the FDIC (collectively, the Agencies) are amending their Community Reinvestment Act (CRA) regulations to adjust the asset-size thresholds used to define ``small bank'' and ``intermediate small bank.'' As required by the CRA regulations, the adjustment to the threshold amount is based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).

The Coast Guard is extending the comment period by 45 days for the notice of proposed rulemaking, ``Updates to Marine Engineering Standards,'' published on October 19, 2021, which proposes to incorporate by reference updated marine engineering standards and eliminate outdated or unnecessarily prescriptive regulations. We are extending the comment period to allow the public more time to comment on the proposed rulemaking. The comment period is now open through February 3, 2022.

The FAA is adopting a new airworthiness directive (AD) for various Model 234 and Model CH-47D helicopters. This AD was prompted by two reports of mechanical failures of the longitudinal cyclic trim actuator (LCTA). This AD requires determining the maintenance history, and hours time-in-service (TIS) and number of lift cycles for each LCTA since last overhaul, and then requires initial and repetitive overhauls of each LCTA based on that maintenance and service history. This AD also prohibits installing an LCTA unless it meets certain requirements. Finally, this AD requires reporting certain information to the FAA. The FAA is issuing this AD to address the unsafe condition on these products.

The National Endowment for the Humanities (NEH) is proposing to publish a policy that permits indemnification of NEH employees in appropriate circumstances, as determined by the Chairperson of NEH or the Chairperson's designee, for claims made against NEH employees as a result of actions taken by them in the scope of their employment.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500- 1A11 airplanes. This AD was prompted by reports of in-flight engine shutdowns (IFESs); investigation results indicated that this could be caused by high altitude climbs at higher thrust settings on engines with certain thrust ratings. This AD requires amending the existing airplane flight manual (AFM) to incorporate a new limitation and revise certain normal procedures, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

In accordance with section 205 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), this annual notification solicits proposals and recommendations for developing new, or modifying existing, safe harbor provisions under section 1128B(b) of the Social Security Act (the Act), the Federal anti-kickback statute), as well as developing new OIG Special Fraud Alerts.

On June 16, 2021, the U.S. Environmental Protection Agency (EPA) published the agency's decision to delay the effective and compliance dates of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), published on January 15, 2021, to allow time for EPA to review the rule in accordance with Presidential directives issued on January 20, 2021, to the heads of Federal agencies to review certain regulations, and conduct important consultations with affected parties. EPA has completed its review. The agency's review included a series of virtual public engagements to hear directly from a diverse set of stakeholders. This document describes the comments conveyed by stakeholders, EPA's decision to proceed with a proposed rule that would revise certain key sections of the LCRR while allowing the rule to take effect, and other non-regulatory actions that EPA and other Federal agencies can take to reduce exposure to lead in drinking water.

This final rule amends the Export Administration Regulations (EAR) by adding thirty-seven entities under forty entries to the Entity List. These thirty-seven entities have been determined by the U.S. Government to be acting contrary to the foreign policy or national security interests of the United States and will be listed on the Entity List under the destinations of the People's Republic of China (China), Georgia, Malaysia, and Turkey. This final rule also modifies one existing entry on the Entity List under the destination of China.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface for Falmouth Airpark, Falmouth, MA, to accommodate area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures (SIAPs) serving this airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

This action proposes to amend the Class E airspace at Olney, TX. The FAA is proposing this action as the result of an airspace review due to the decommissioning of the Olney non-directional beacon (NDB). The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.

This final rule removes the regulation concerning how the Department of the Air Force appoints individuals to the United States Air Force Academy. The part is outdated, contains internal guidance, reiterates statutory law, and is otherwise subject to the military function exemption to rulemaking. Applicants to the Air Force Academy are individually provided with any relevant entrance information and the current policy is publicly available on the United States Air Force Academy's website. Therefore, the part is unnecessary and can be removed from the Code of Federal Regulations (CFR).

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 report that some tie-rod assemblies may have been over-tightened during the installation of interior monuments (such as galleys, lavatories, and forward stowage or wardrobes). This proposed AD would require adjusting the tie-rod assemblies, 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.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A300 B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations related to pylon maintenance are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations for pylon maintenance, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.