2021 – Federal Register Recent Federal Regulation Documents

This technical amendment makes nonsubstantive corrections in the Department's conforming regulations under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Under the Clean Air Act (CAA or ``Act''), the Environmental Protection Agency (EPA) is taking final action to approve a request from the State of California to reclassify the San Diego County ozone nonattainment area from ``Serious'' to ``Severe'' for the 2008 ozone National Ambient Air Quality Standards (NAAQS) and from ``Moderate'' to ``Severe'' for the 2015 ozone NAAQS. The EPA is also finalizing our action to reclassify in the same manner as state land, reservation areas of Indian country and any other area of Indian country within it where the EPA or a tribe has demonstrated that the tribe has jurisdiction located within the boundaries of the San Diego County ozone nonattainment area. The new applicable attainment dates for the San Diego County ozone nonattainment area are as expeditious as practicable but no later than July 20, 2027, for the 2008 ozone NAAQS, and August 3, 2033, for the 2015 ozone NAAQS. With respect to Severe state implementation plan (SIP) element submittal dates that have passed, the EPA is approving a deadline of no later than 12 months from the effective date of this rule for submittal of revisions to the San Diego County portion of the California SIP to meet additional requirements for Severe ozone nonattainment areas to the extent that such revisions have not already been submitted.

This final rule adopts, without change, an interim final rule with request for comments published in the Federal Register on October 6, 2020, placing the substance remimazolam, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule IV of the Controlled Substances Act. With the issuance of this final rule, DEA maintains remimazolam, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule IV of the Controlled Substances Act.

This document corrects technical and typographical errors in the final rule that appeared in the January 19, 2021 Federal Register titled ``Medicare and Medicaid Programs; Contract Year 2022 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan Program, and Programs of All Inclusive Care for the Elderly.'' The effective date of the final rule was March 22, 2021.

The FAA is adopting a new airworthiness directive (AD) for certain Mooney International Corporation (Mooney) Model M20V airplanes. This AD was prompted by reports of short circuit and arcing of the alternator main power cable in the engine compartment. This condition, if unaddressed, could result in a fire hazard, loss of engine thrust control, and reduced control of the airplane. This AD requires inspecting the alternator main power cable and the exhaust crossover tube for damage, replacing damaged parts as necessary, and installing an additional alternator cable clamp. The FAA is issuing this AD to address the unsafe condition on these products.

This action amends low altitude RNAV route T-207 in Florida by removing the Cecil, FL (VQQ), VOR from the route description due to the planned decommissioning of that VOR. The removal does not affect navigation along the route.

This action proposes to revoke Colored Federal airway R-4 in central Alaska due to the scheduled decommissioning of the Bear Creek (BCC) Non-Directional Beacon (NDB) on December 2, 2021.

The Federal Energy Regulatory Commission (Commission) is revising its regulations to incorporate by reference the latest version (Version 003.3) of the Standards for Business Practices and Communication Protocols for Public Utilities adopted by the Wholesale Electric Quadrant (WEQ) of the North American Energy Standards Board (NAESB). The WEQ Version 003.3 Standards include, in their entirety, the WEQ-023 Modeling Business Practice Standards contained in the WEQ Version 003.1 Standards, which address the technical issues affecting Available Transfer Capability (ATC) and Available Flowgate Capability (AFC) calculation for wholesale electric transmission services, with the addition of certain revisions and corrections. The Commission also revises its regulations to provide that transmission providers must avoid unduly discriminatory and preferential treatment in the calculation of ATC.

The Environmental Protection Agency (EPA) is removing the regulatory provisions associated with the final rule Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information. This action effectuates the vacatur of the final rule ordered by the United States District Court for the District of Montana. It is also responsive to the Executive order entitled ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,'' signed on January 20, 2021.

In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, DOT published a final rule on May 3, 2021 to provide the 2021 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. This rule corrects an error in that rulemaking resulting from an inaccurate amendatory instruction. The rule does not change any civil penalty amounts established in the final rule published on May 3, 2021.

The Bureau of Industry and Security (BIS) is publishing this notification to the public concerning the transfer of jurisdiction of certain ``software'' and ``technology'' as a result of action by the Court of Appeals for the Ninth Circuit vacating a March 6, 2020 preliminary injunction by the district court in Washington v. U.S. Dep't of State, No. 20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27, 2021). Pursuant to that decision, issued on April 27, 2021, the mandate of the Ninth Circuit was issued on May 26, 2021 and district court's injunction was vacated. This notice also includes guidance to persons with technology or software that was previously retained on the U.S. Munitions List (USML) and controlled under the International Traffic in Arms Regulations (ITAR) pursuant to the March 6 district court order, but which is now subject to the jurisdiction of the Export Administration Regulations (EAR).

The Environmental Protection Agency (EPA) is proposing a limited approval and limited disapproval of revisions to the Mojave Desert Air Quality Management District's (MDAQMD or District) portion of the California State Implementation Plan (SIP). This revision concerns oxides of nitrogen (NOX) emissions from stationary internal combustion engines. We are proposing action on a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

NMFS implements an accountability measure for the commercial hook-and-line component of golden tilefish in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial hook-and- line landings for golden tilefish will reach the commercial quota for the hook-and-line component by June 1, 2021. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on June 1, 2021. This closure is necessary to protect the golden tilefish resource.

We, the U.S. Fish and Wildlife Service (Service), propose to list two Distinct Population Segments (DPSs) of the lesser prairie- chicken (Tympanuchus pallidicinctus), a grassland bird known from southeastern Colorado, western Kansas, eastern New Mexico, western Oklahoma, and the Texas Panhandle under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the lesser prairie-chicken. After a review of the best available scientific and commercial information, we find that listing the Southern DPS as endangered is warranted, and that listing the Northern DPS as threatened is warranted. Accordingly, we propose to list the Southern DPS as an endangered species under the Act and the Northern DPS as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it will add these two DPSs to the List of Endangered and Threatened Wildlife and extend the Act's protections to them. We also are notifying the public that we have scheduled informational meetings followed by public hearings on the proposed rule.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a notification of interpretation on industrial radiographic operations at temporary radiography jobsites and an Agreement State Compatibility Category change. The interpretation and Compatibility Category change are effective immediately with a 30-day post-promulgation comment period. The NRC is taking this action to respond to a petition for rulemaking from the Organization of Agreement States (OAS).

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 airplanes. This AD was prompted by a report indicating that during installation, a fuel pipe bracket assembly on the intermediate rib in the center fuel tank was mislocated, resulting in an offset between the fitting assembly and the refuel/defuel tube assembly. This AD requires modification of the fuel pipe bracket assembly, including all related investigative actions and corrective actions, if necessary; and performing an operational test of the refuel and defuel system. The FAA is issuing this AD to address the unsafe condition on these products.

This final rule announces routine inseason adjustments to the harvest limits for incidental Pacific halibut retention in the sablefish primary fishery. The Pacific Fishery Management Council recommended, and NMFS is implementing, a decrease to the incidental Pacific halibut catch limit to ensure equitable harvest opportunities without exceeding the harvest limit.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the CSX Railroad drawbridge across Three Mile Creek, mile 0.0, Mobile, AL. This deviation is needed to collect and analyze data and information on vessel traffic when bridge openings are scheduled during specific periods during each day. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes.

The Environmental Protection Agency (EPA) is finalizing corrections to the authorization of California's hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA approved revisions to California's federally authorized hazardous waste program (specifically, updates to California's Universal Waste program) by publishing proposed and final rules in the Federal Register on October 18, 2019, and January 14, 2020, respectively. On March 5, 2021, the Agency published and sought public comment on a Proposed Rule to correct information contained in the October 18, 2019, Federal Register proposal and the January 14, 2020 approval. No comments were received on the proposed revisions. This document finalizes those corrections.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 D-2 helicopters. This AD was prompted by a report of a broken Titanium (Ti) bolt. This AD requires removing certain Ti-bolts from service and prohibits installing these Ti-bolts in a critical area. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to supersede Airworthiness Directive (AD) 2016-12-51, which applies to all Airbus Helicopters Model AS332L2 and Model EC225LP helicopters. AD 2016-12-51 prohibits all further flight of Model AS332L2 and Model EC225LP helicopters. AD 2016-12-51 was prompted by an accident in which the main rotor hub detached from the main gearbox (MGB). Since the FAA issued AD 2016-12-51, the design approval holder has developed procedures that address failure of the main rotor system. This proposed AD would require replacing certain second stage planet gear assemblies, removing certain epicyclic modules, installing a full flow magnetic plug (FFMP), revising the existing rotorcraft flight manual (RFM) for your helicopter, repetitively inspecting the MGB particle detectors, repetitively inspecting the MGB oil filter and oil cooler, and corrective action if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The actions specified in the proposed AD would terminate the flight prohibition. The FAA is proposing this AD to address the unsafe condition on these products.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eight entities to the Entity List. These eight entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on the Entity List under the destinations of Pakistan and the United Arab Emirates (UAE). This rule also revises two existing entries and corrects one existing entry on the Entity List under the destination of China and removes one entity from and revises one existing entry on the Military End-User (MEU) List under the destination of China. Lastly, this rule removes one entity under the destination of Pakistan. The removals from the Entity List and MEU List are made in connection with requests for removal that BIS received pursuant to the EAR and a review of information provided in those requests.

On April 20, 2020, the Federal Mediation and Conciliation Service (FMCS) published a final rule on administrative guidance implementing an Executive order entitled ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' and providing policy and requirements for issuing, modifying, withdrawing, and using guidance; and taking and responding to petitions about guidance. In accordance with the ``Executive Order on Revocation of Certain Executive Orders Concerning Federal Regulation,'' issued by President Biden on January 20, 2021, this final rule rescinds FMCS's rule on guidance.

The Department of Veterans Affairs (VA) is establishing through this final rule the COVID-19 Veterans Assistance Partial Claim Payment program (COVID-VAPCP), a temporary program to help veterans return to making normal loan payments on a VA-guaranteed loan (guaranteed loan) after exiting a forbearance for financial hardship due, directly or indirectly, to the COVID-19 national emergency.

The Coast Guard will enforce the special local regulation for the annual Bayview Yacht Club Port Huron to Mackinac Race, from 10 a.m. to 3 p.m. on July 24, 2021. This special local regulation is necessary to safely control vessel movements in the vicinity of the race and provide for the safety of the general boating public and commercial shipping. During this enforcement period, no person or vessel may enter the regulated area without the permission of the Coast Guard Patrol Commander (PATCOM).