February 4, 2022 – Federal Register Recent Federal Regulation Documents

NMFS proposes regulations under the authority of the Marine Mammal Protection Act (MMPA) and the Tuna Conventions Act (TCA) of 1950, as amended, to allow NMFS to issue temporary exemptions from purse seine observer requirements in the eastern Pacific Ocean (EPO) in accordance with procedures adopted by Parties to the Agreement on the International Dolphin Conservation Program (AIDCP) and members of the Inter-American Tropical Tuna Commission (IATTC). This proposed rule is necessary for the continuity of fishing activities for large U.S. purse seine vessels and for the United States to satisfy its obligations as a member of the IATTC.

The U.S. Department of Homeland Security (DHS) is issuing a final rule to extend the exemptions from certain provisions of the Privacy Act to the updated and reissued system of records titled, ``DHS/U.S. Customs and Border Protection-014 Regulatory Audit Archive System (RAAS) System of Records.'' Specifically, the Department exempts portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Food and Drug Administration (FDA, the Agency, or we) is announcing the withdrawal of the proposed rule ``Removal of Certain Requirements Related to the Prescription Drug Marketing Act; Opportunity for Public Comment,'' published in the Federal Register on July 14, 2011. FDA is taking this action because the proposed changes are duplicative of another FDA proposed rulemaking, which is also being published in this issue of the Federal Register, that is intended to conform with newly established definitions and requirements set out by the Drug Supply Chain Security Act of 2013 (DSCSA).

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled ``Drug Product Tracing: The Effect of Section 585 of the FD&C ActQuestions and Answers.'' FDA is issuing this guidance to assist industry and State and local governments in understanding the effects of the uniform national policy set forth in the Federal Food, Drug, and Cosmetic Act (FD&C Act) that was added by the Drug Supply Chain Security Act, which was enacted on November 27, 2013. This guidance is intended to help industry and States understand the law as it is currently in effect and clarify its effect on State product tracing. This guidance finalizes the draft guidance entitled ``The Effect of Uniform National Policy on Drug Product Tracing and Wholesale Drug Distributor and Third-Party Logistics Provider Standards: Questions and Answers'' issued on October 8, 2014.

The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding regulations related to remitter payments for Office services and requirements for maintaining a deposit account. Currently, payment options are addressed in various sections of Office regulations, and the method of payment accepted varies depending on the service provided. Additionally, payment methods currently referenced in the regulations may not necessarily reflect the types that the Office can accept or may choose to accept in the future. Amendments in this rulemaking are intended to consolidate regulatory provisions related to payment options and update regulations to articulate current Office practices. The Office also is proposing to simplify requirements for maintaining a deposit account and to clarify procedures related to noncompliant accounts. The Office invites public comments on this proposed rule.

In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE) is giving notice that it is rescinding the following DHS/ICE Privacy Act system of records notices, ``DHS/ICE-005 Trade Transparency and Research System of Records'' and ``DHS/ICE-016 FALCON Search and Analysis System of Records'' and has consolidated both system of record notices into ``DHS/ICE-018 Analytical Records System of Records.''

The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain softwood lumber products (softwood lumber) from Canada. The period of review (POR) is January 1, 2020, through December 31, 2020. Commerce preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results.

The Department of Veterans Affairs (VA) published an interim final rule amending its regulation regarding informed consent and advance directives. In that rulemaking, we amended the regulation by reorganizing it and amending language where necessary to enhance clarity. We also made changes to facilitate the informed consent process, the ability to communicate with patients or surrogates through available modalities of communication, and the execution and witness requirements for a VA Advance Directive. Before adopting that interim final rule as final, VA revises the provision related to which personnel may be delegated the responsibility for providing a patient with information needed for the patient to make a fully informed consent decision. Upon further review, VA has determined that this provision requires a further change to better clarify roles in the team-based delivery of care model. We are providing the public an opportunity to submit comments solely on this amendment.

The Department of Commerce (Commerce) preliminarily determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from Germany is not being, or is not likely to be, sold in the United States at less than normal value (NV) during the period of review (POR) May 1, 2020, through April 30, 2021.

The Department of Veterans Affairs (VA) provides notice of a policy advisory issued on August 31, 2021, by VA's Education Service. The policy advisory clarifies and amends VA's previous regulatory interpretation of tuition and fees (T&F) payment plans to differentiate between types of payment plans. Some payment plans should no longer be categorized as institutional support to a student when calculating the ratio of ``supported'' to ``non-supported'' students in a program pursuant to the 85/15 Rule. While VA is retaining the general rule that a student who has a payment plan with an Educational Training Institute (ETI) should be considered supported, a student participating in a payment plan that meets the criteria set forth in this notice should not be considered supported and, instead, should be counted on the non- supported side of the 85/15 ratio.

The Children's Bureau, Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is proposing to collect additional data for an evaluation of the services provided to child welfare jurisdictions and Court Improvement Programs (CIPs) by the Child Welfare Capacity Building Collaborative. This new data collection is the second part of a data collection effort already underway (OMB #0970-0576, expiration 9/30/2024). This notice details the second group of instruments that will be used for data collection as part of this evaluation.

OSTP published a document in the Federal Register of January 5, 2022, requesting input on how digital health technologies are used, or could be used in the future, to transform community health, individual wellness, and health equity. The document closing date was stated as February 28, 2022. We are extending the closing date to March 31, 2022 to allow more time for input.

On December 17, 2021, the U.S. Department of Energy (``DOE'') published a notice of proposed rulemaking (``NOPR'') on potential amendments to its test procedure for electric motors. The NOPR provided an opportunity for submitting written comments, data, and information on the proposal by February 15, 2022. DOE received requests from the National Electrical Manufacturers Association (``NEMA'') and the Hydraulic Institute (``HI'') on January 25, 2022, and January 26, 2022, respectively, asking DOE to extend the public comment period for 30 additional days. DOE has reviewed these requests and is granting an extension of the public comment period to allow public comments to be submitted until February 28, 2022.

The Commission is announcing an update to the competitive product list. This action reflects a publication policy adopted by Commission rules. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The competitive product list, which is re-published in its entirety, includes these updates.

This action amends the Class D and Class E airspace at Rochester International Airport, Rochester, MN, and St. Cloud Regional Airport, St. Cloud, MN, and revokes the Class E airspace at Rochester International Airport. This action is the result of biennial airspace reviews. The geographic coordinates of St. Cloud Regional Airport are also being updated to coincide with the FAA's aeronautical database.

This action revokes the Class E airspace at Glass Ranch Airport, Carrizo Spring, TX. This action is the result of the cancellation of the instrument procedures and closure of the airport. The geographic coordinates of the Indio-Faith Airport, Carrizo Spring, TX, are also being updated to coincide with the FAA's aeronautical database.

This action amends the Class D and Class E airspace and revokes Class E airspace at Hammond, LA. This action is the result of an airspace review due to the decommissioning of the Hammond very high frequency (VHF) omnidirectional range (VOR).

This notice amends the notice of an emergency declaration for the State of Illinois (FEMA-3577-EM), dated December 13, 2021, and related determinations.

In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the Federal Land Policy and Management Act (FLPMA) of 1976, as amended, the Bureau of Land Management (BLM) Ely District Office, Ely, Nevada, intends to prepare a Resource Management Plan (RMP) amendment (RMPA), with an associated Environmental Assessment (EA), to the 2008 Ely District Record of Decision and Approved RMP. The proposed RMPA would evaluate whether the subject parcel of public land meets the disposal criteria described in Section 203 of the FLPMA, as amended, and allow the direct sale (without competition) of 0.66 acres of BLM managed public land to Nina Higgs, Trustee for Shirley Schena, if the parcel is determined to meet the disposal criteria. The purpose of the sale would be to resolve an inadvertent trespass and the EA would analyze the environmental effects of the direct sale of the land identified for disposal. The sale would be for no less than the appraised fair market value of $10,000. The sale would be subject to the applicable provisions of Section 203 of FLPMA and the BLM land sale regulations. Section 203 of FLPMA states that tracts of public land may be sold because of land use planning required under Section 202 of FLPMA; the subject parcel was not previously identified for disposal in the RMP, therefore the BLM must amend the RMP to allow the proposed sale to proceed. This notice serves to notify the public of the BLM's proposed realty action and initiates the public scoping process to solicit public comments on anticipated issues and planning criteria.

The Food and Drug Administration (FDA, Agency, or we) is classifying the photoplethysmograph analysis software for over-the- counter use into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the photoplethysmograph analysis software for over-the-counter use's classification. We are taking this action because we have determined that classifying the device into class II (special controls) will provide a reasonable assurance of safety and effectiveness of the device. We believe this action will also enhance patients' access to beneficial innovative devices.

The FAA published a document in the Federal Register of November 23, 2021, concerning request for comments about the FAA's intention to request the Office of Management and Budget (OMB) approval to renew an information collection, in accordance with the Paperwork Reduction Act of 1995. The document was published with an incorrect docket number.

The National Telecommunications and Information Administration (NTIA) will host a pre-Notice of Funding Opportunity (NOFO) technical assistance webinar series in March-May 2022 in connection with the five new broadband grant programs authorized and funded by the Infrastructure Investment and Jobs Act (IIJA): The Broadband Equity, Access, and Deployment Program; the Enabling Middle Mile Broadband Infrastructure Program; and the Digital Equity Act Programs, which include the State Digital Equity Planning Grant Program, State Digital Equity Capacity Grant Program, and Digital Equity Competitive Grant Program. These pre-NOFO technical assistance webinars are designed to help prospective applicants understand NTIA's IIJA broadband grant programs and to assist applicants to prepare high quality grant applications.

The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with December anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.