2021 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to renew the U.S. Advanced Boiling Water Reactor standard design certification. Applicants or licensees intending to construct and operate a U.S. Advanced Boiling Water Reactor standard design may do so by referencing this design certification rule. The applicant for the renewal of the U.S. Advanced Boiling Water Reactor standard design certification is General Electric-Hitachi Nuclear Energy Americas, LLC.

The Coast Guard will not enforce the safety zone for the Fleet Week Maritime Festival on waters adjacent to Pier 66 in Elliott Bay, Seattle, WA in July or August 2021. The Captain of the Port Sector Puget Sound has determined that enforcement of this regulation is not necessary because the event is cancelled.

The Railroad Retirement Board (Board) amends its regulations addressing who may receive a portion of an employee annuity due to a former spouse of a railroad annuitant under a court decree of divorce or court-approved property settlement, but which was unpaid at the time of the former spouse's death. The current regulation states that the Board will follow the priority order provided for employee annuities unpaid at death in the Board's regulations. This amendment is necessary to insert a correct reference to the proper section of the Board's regulations pertaining to employee annuities due but unpaid at death.

In this document, the Commission aims to enhance the spectral efficiency of wireless microphones by permitting a recently developed type of wireless microphone system, termed herein as a Wireless Multi- Channel Audio System (WMAS), to operate in certain frequency bands. This emerging technology would enable more wireless microphones to operate in the spectrum available for wireless microphone operations, and thus advances an important Commission goal of promoting efficient spectrum use. The Commission proposes to revise the applicable technical rules for operation of low-power auxiliary station (LPAS) devices to permit WMAS to operate in the broadcast television (TV) bands and other LPAS frequency bands on a licensed basis. The Commission also proposes to update the existing LPAS and wireless microphone rules to reflect the end of the post-Incentive auction transition period and update references to international wireless microphone standards.

To support a comprehensive education agenda, the Secretary proposes six priorities and related definitions for use in discretionary grant programs. The Secretary may choose to include an entire priority within a grant program or one or more of its subparts. These proposed priorities and definitions are intended to replace the current supplemental priorities published on March 2, 2018, the Opportunity Zones final priority published on November 27, 2019, and the Remote Learning priority published on December 30, 2020. However, those priorities remain in effect for notices inviting applications (NIAs) published before the Department finalizes the proposed priorities in this document. Retaining the Administrative Priorities published on March 9, 2020, allows us to continue to prioritize rural applicants, new applicants, and other priorities while the Department continues to examine potential updates to the Education Department General Administrative Regulations, which may include incorporation of those March 9, 2020, priorities.

On June 4, 2021, the U.S. Department of Energy (``DOE'') published a request for information (``RFI'') pertaining to the energy conservation standards for dehumidifiers. The notice provided an opportunity for submitting written comments, data, and information by July 6, 2021. On June 18, 2021, DOE received a request from the Association of Home Appliance Manufacturers (``AHAM'') to extend the public comment period by 30 days. DOE has reviewed this request and is granting a 15-day extension of the public comment period to allow public comments to be submitted until July 21, 2021.

Through this Third Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC or Commission) proposes several rules to promote public safety by ensuring that 911 call centers and the public receive timely and useful notifications of network disruptions that affect 911 service. The NPRM seeks comment on whether to harmonize the Commission's public safety answering point (PSAP) outage notification requirements so that both originating and covered 911 service providers notify PSAPs about outages that potentially affect 911 within the same timeframe, by the same means, and with the same frequency. The NPRM proposes standardizing the information that is conveyed via outage notifications to PSAPs by service providers. This NPRM also proposes to require that service providers develop and implement procedures to gather, maintain, and update PSAP contact information annually. In addition, the NPRM proposes to require service providers to notify their customers when there is a reportable outage that affects 911 availability within 60 minutes of determining there is an outage. This NPRM also proposes to codify specific exemptions to certain reporting requirements adopted by the Commission in 2016.

The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule to amend Regulation X to assist mortgage borrowers affected by the COVID-19 emergency. The final rule establishes temporary procedural safeguards to help ensure that borrowers have a meaningful opportunity to be reviewed for loss mitigation before the servicer can make the first notice or filing required for foreclosure on certain mortgages. In addition, the final rule would temporarily permit mortgage servicers to offer certain loan modifications made available to borrowers experiencing a COVID-19- related hardship based on the evaluation of an incomplete application. The Bureau is also finalizing certain temporary amendments to the early intervention and reasonable diligence obligations that Regulation X imposes on mortgage servicers.

The Federal Crop Insurance Corporation (FCIC) amends the Area Risk Protection Insurance (ARPI) Regulations and Common Crop Insurance Policy (CCIP), Basic Provisions. The intended effect of this action is to improve unit provisions and organic farming practice provisions, revise the definition of veteran farmer or rancher, and clarify provisions. The changes to the policy made in this rule are applicable for the 2022 and succeeding crop years for crops with a contract change date on or after June 30, 2021. For all other crops, the changes to the policy made in this rule are applicable for the 2023 and succeeding crop years.

The FAA proposes to supersede Airworthiness Directive (AD) 2019-03-26, which applies to certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. AD 2019-03-26 requires modifying the passenger service units (PSUs) and life vest panels by replacing the existing inboard lanyard and installing two new lanyards on the outboard edge of the PSUs and life vest panels; measuring the distance between the hooks of the torsion spring of the lanyard assembly; replacing discrepant lanyard assemblies; and re- identifying serviceable lanyard assemblies. Since the FAA issued AD 2019-03-26, it has been determined that certain airplanes are listed in the wrong configuration and certain PSUs have not been correctly re- identified. This proposed AD would retain the requirements of AD 2019- 03-26, and, for certain airplanes, would require an inspection to determine if the re-identified PSU part number is correct, and further re-identification if necessary. The FAA is proposing this AD to address the unsafe condition on these products.

The Copyright Royalty Judges publish for comment proposed regulations that set rates and terms for the use of certain copyrighted works by public broadcasting entities for the period beginning January 1, 2023, and ending December 31, 2027.

The NCUA Board (Board) is amending its regulations to remove the prohibition on the capitalization of interest in connection with loan workouts and modifications. The final rule also establishes documentation requirements to help ensure that the addition of unpaid interest to the principal balance of a mortgage loan does not hinder the borrower's ability to become current on the loan. The Board has also taken the opportunity afforded by the rulemaking to make several technical changes to the regulations to improve their clarity and update certain references. The final rule follows publication of the December 4, 2020, proposed rule and takes into consideration the public comments on the proposed rule. After careful consideration, the Board has decided to adopt the proposed rule without change.

FMCSA finalizes its February 4, 2020 interim final rule (interim rule), which revised a December 8, 2016, final rule, ``Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators'' (ELDT final rule). This action finalizes the extension of the compliance date for the ELDT final rule from February 7, 2020, to February 7, 2022. This action provides FMCSA additional time to complete development of the Training Provider Registry (TPR) and provides State Driver Licensing Agencies (SDLAs) time to modify their information technology (IT) systems and procedures, as necessary, to accommodate their receipt of driver-specific ELDT data from the TPR.

We, the U.S. Fish and Wildlife Service (Service), propose to remove the golden paintbrush (Castilleja levisecta) from the Federal List of Endangered and Threatened Plants as it no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). The golden paintbrush is a flowering plant native to southwestern British Columbia, western Washington, and western Oregon. Our review of the best available scientific and commercial data indicates threats to the golden paintbrush have been eliminated or reduced to the point that the species is not in danger of extinction or likely to become so in the foreseeable future. We request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring plan for the golden paintbrush.

In this document, consistent with the U.S. Supreme Court's decision in FCC v. Prometheus Radio Project, the Media Bureau of the Federal Communications Commission reinstates the rule changes that were previously adopted by the Commission in its media ownership proceedings but then vacated and remanded by the U.S. Third Circuit Court of Appeals in 2019. As such, the Newspaper/Broadcast Cross-Ownership Rule, the Radio/Television Cross-Ownership Rule, and the Television Joint Sales Agreement Attribution Rule are eliminated, and the Local Television Ownership Rule and Local Radio Ownership Rule are reinstated as adopted in the Commission's 2017 Order on Reconsideration. In addition, the eligible entity standard and its application to regulatory measures as set forth in the Commission's 2016 Second Report and Order are reinstated. Finally, the regulatory measures adopted in the Commission's 2018 Incubator Order are reinstated.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-200, and A340-300 series airplanes. This AD was prompted by a report that the auxiliary power unit (APU) aft fuel pump printed circuit board (PCB) varnish had deteriorated; the varnish is one of the layers of protection against development of an ignition source. This AD requires replacing each affected APU aft fuel pump, as specified in a 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 Commission has before it a petition for rulemaking filed by VPM Media Corporation (Petitioner), the licensee of noncommercial educational television station WVPT (PBS), channel *11, Staunton, Virginia. The Petitioner requests the substitution of channel *15 for channel *11 at Staunton in the DTV Table of Allotments.

On May 13, 2021, the Board of Governors of the Federal Reserve System (Board) published in the Federal Register a proposal to amend Regulation II to clarify that the requirement that each debit card transaction must be able to be processed on at least two unaffiliated payment card networks applies to card-not-present transactions, clarify the requirements that Regulation II imposes on debit card issuers to ensure that at least two unaffiliated payment card networks have been enabled for debit card transactions, and standardize and clarify the use of certain terminology. The proposal provided for a comment period ending on July 12, 2021. The Board is extending the comment period for 30 days, until August 11, 2021.

The Coast Guard will enforce a safety zone for the Madisonville Old Fashioned 4th of July fireworks display July 3, 2021, from 8 p.m. through 9 p.m. to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Eighth Coast Guard District identifies the regulated area for this event on the Tchefuncte River, near Madisonville, Louisiana. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol designated by the Captain of the Port.

The Coast Guard is establishing a temporary safety zone for waters of Delaware Bay off Lewes, DE, for a fireworks display. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Delaware Bay.

The Coast Guard will not enforce the security zones for Seattle's Seafair Fleet Week moving vessels, Puget Sound, WA in July or August 2021. The Captain of the Port Sector Puget Sound has determined that enforcement of this regulation is not necessary because the event is cancelled.

The Coast Guard is establishing a temporary safety zone for all navigable waters of Lake Charles west of 93[deg]13'51.2'' W, east of 93[deg]14'8.3'' W, and extending 500 yards south from the northern shore of Lake Charles. This safety zone is necessary to protect persons and vessels from hazards associated with a Pro Watercross event on August 28 and 29, 2021 in Lake Charles, LA. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Marine Safety Unit Port Arthur or a designated representative.

NMFS issues regulations 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). This final rule modifies catch limits in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) for gray triggerfish. The purpose of this final rule and the framework action is to modify the catch limits, as applicable, consistent with the most recent interim analysis for gray triggerfish and to achieve optimum yield (OY) for the stock.

This final rule amends the Bureau of Safety and Environmental Enforcement (BSEE) regulations that set Maximum Daily Civil Penalty (MDCP) amounts for violations of the Federal Oil and Gas Royalty Management Act (FOGRMA). The amended BSEE regulations will cross- reference regulations of the Office of Natural Resources Revenue (ONRR) that also set MDCP amounts for FOGRMA violations. This cross-reference will ensure consistency between BSEE's FOGRMA MDCP amounts and ONRR's FOGRMA MDCP amounts. It will also ensure consistent compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (FCPIAAIA of 2015) and related Office of Management and Budget (OMB) guidance, while reducing unnecessary duplication of effort and costs to the agency.

The U.S. Department of the Interior (DOI or Department), acting through BSEE and BOEM, hereby withdraws in its entirety the proposed rule published on December 9, 2020, entitled ``Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf.''