February 2022 – Federal Register Recent Federal Regulation Documents

The Coast Guard is amending and updating its special local regulations for recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas.

The Environmental Protection Agency (EPA) is proposing particulate matter (PM) emission standards and test procedures applicable to certain classes of engines used by civil subsonic jet airplanes (those engines with rated output of greater than 26.7 kilonewtons (kN)) to replace the existing smoke standard for aircraft. These proposed standards and test procedures are equivalent to the engine standards adopted by the United Nations' International Civil Aviation Organization (ICAO) in 2017 and 2020 and would apply to both new type design aircraft engines and in-production aircraft engines. The EPA, as well as the United States Federal Aviation Administration (FAA), actively participated in the ICAO proceedings in which these requirements were developed. These proposed standards would reflect the importance of the control of PM emissions and U.S. efforts to secure the highest practicable degree of uniformity in aviation regulations and standards. Additionally, the EPA is proposing to migrate, modernize, and streamline the existing regulations into a new part. As part of this update, the EPA is also proposing to align with ICAO by applying the smoke number standards to engines less than or equal to 26.7 kilonewtons rated output used in supersonic airplanes.

This regulation establishes an exemption from the requirement of a tolerance for residues of Poly(oxy-1,2-ethanediyl)-[alpha]-hydro- [omega]-hydroxy-, polymer with poly(isocyanatoalkyl) benzene, alkylol- blocked when used as an inert ingredient in a pesticide chemical formulation. BYK USA Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Poly(oxy-1,2- ethanediyl)-[alpha]-hydro-[omega]-hydroxy-, polymer with poly(isocyanatoalkyl) benzene, alkylol-blocked on food or feed commodities.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc., (Piper) Model PA-34-200 airplanes. This proposed AD was prompted by the determination that the life limit for alternate bolts that attach the drag link to the nose gear were not listed as airworthiness limitations. This proposed AD would require establishing a life limit for these bolts. The FAA is proposing this AD to address the unsafe condition on these products.

Through this proposed rule, the NCUA Board (Board) would require that Federal Credit Union (FCU) boards of directors establish and adhere to processes for succession planning. The succession plans will help to ensure that the credit union has plans to fill key positions, such as officers of the board, management officials, executive committee members, supervisory committee members, and (where provided for in the bylaws) the members of the credit committee to provide continuity of operations. In addition, the proposed rule would require directors to be knowledgeable about the FCU's succession plan. Although the proposed rule would apply only to FCUs, the Board's purpose is to encourage and strengthen succession planning for all credit unions. The proposed rule would provide FCUs with broad discretion in implementing the proposed regulatory requirements to minimize any burden.

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the Morro shoulderband snail (Helminthoglypta walkeriana) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. We also finalize a rule issued under section 4(d) of the Act that provides for the conservation of the Morro shoulderband snail. In addition, we update the Federal List of Endangered and Threatened Wildlife to reflect the latest scientifically accepted taxonomy and nomenclature for the species as Helminthoglypta walkeriana, Morro shoulderband snail.

On September 22, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by Gray Television Licensee, LLC (Petitioner), the licensee of WYMT, channel 12, Hazard, Kentucky, requesting the substitution of channel 20 for channel 12 at Hazard in the Table of Allotments. For the reasons set forth in the Report and Order referenced below, the Bureau amends Federal Communications Commission (FCC) regulations to substitute channel 20 for channel 12 at Hazard.

These special conditions are issued for the Dassault Aviation (Dassault) Model Falcon 6X airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is the installation of a electronic network system architecture that allows connection to airplane electronic systems and networks, and access from airplane external sources (e.g., operator networks, wireless devices, internet connectivity, service provider satellite communications, electronic flight bags, etc.) to the previously isolated airplane electronic assets (networks, systems, and databases). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums and Obstacle Departure procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

We, the Architectural and Transportation Barriers Compliance Board (hereafter, ``Access Board'' or ``Board''), are issuing this direct final rule to extend, for three years, the sunset provisions in the Board's existing accessibility standards for medical diagnostic equipment related to the low-height specifications for transfer surfaces to provide additional time for research necessary to determine the appropriate, final specification for the low transfer height position. The Access Board is issuing these amendments directly as a final rule because we believe they are noncontroversial, unlikely to receive adverse comment, and will serve the public interest.

GSA is issuing a final rule to modify provisions in the Federal Management Regulation (FMR) to improve readability and ease of use by reorganizing certain FMR parts to reflect the asset management life-cycle and by updating the definition of a `museum'.

The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to provide more inclusive acquisition guidance for underserved communities by updating references from ``handicapped individuals'' to ``individuals with disabilities,'' pursuant to Section 508 of the Rehabilitation Act. This rule supports underserved communities, promoting equity in the Federal Government.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Tiehm's buckwheat (Eriogonum tiehmii), which the Service has proposed to list as endangered under the Endangered Species Act of 1973, as amended (Act). In total, we propose to designate approximately 910 acres (368 hectares) in one unit in Nevada as critical habitat for Tiehm's buckwheat. We also announce the availability of a draft economic analysis of the proposed critical habitat designation.

We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to list the Chapin Mesa milkvetch (Astragalus schmolliae) as a threatened species under the Endangered Species Act of 1973, as amended (Act). We concurrently withdraw the proposed rule to designate critical habitat for the species. This withdrawal is based on our conclusion that the conservation plan for Chapin Mesa milkvetch at Mesa Verde National Park, and its associated implementation plan, in addition to new standard operating procedures for fire management at Mesa Verde National Park, reduce the threats to the species such that it no longer meets the Act's definition of an ``endangered species'' or a ``threatened species.'' Therefore, we are withdrawing our proposal to list the Chapin Mesa milkvetch as a threatened species and our proposal to designate critical habitat for the species.

The Securities and Exchange Commission (``Commission'') is reopening the comment period for its proposal to implement Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act''). The proposed rule would amend the current executive compensation disclosure rule to require a description of how executive compensation actually paid by a registrant related to the financial performance of that company (``proposed rules''). The proposed rules were first set forth in a release published in the Federal Register on May 7, 2015 (Release No. 34-74835) (``Proposing Release''), and the related comment period ended on July 6, 2015. The reopening of this comment period is intended to allow interested persons further opportunity to analyze and comment upon the proposed pules in light of developments since the publication of the Proposing Release and our further consideration of the Section 953(a) mandate, including by responding to the additional requests for comment included in this release.

NMFS issues final specifications for the 2022 Atlantic bluefish fishery, and projected specifications for 2023, as recommended by the Mid-Atlantic Fishery Management Council. This action is necessary to establish allowable harvest levels to prevent overfishing while enabling optimum yield, using the best scientific information available. This rule also informs the public of the final fishery specifications for the 2022 fishing year.

The U.S. Department of Energy (``DOE'') is undertaking the preliminary stages of a rulemaking to consider amendments to the test procedure for uninterruptible power supplies. This request for information(``RFI'') seeks data and information regarding issues pertinent to whether amended test procedures would more accurately or fully comply with the requirement that the test procedure produces results that measure energy use during a representative average use cycle or period of use for the product without being unduly burdensome to conduct, or reduce testing burden. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this document), as well as the submission of data and other relevant information.

The Coast Guard issues this final rule amending its regulations concerning waterfront facilities handling liquefied natural gas (LNG) and liquefied hazardous gas (LHG). The final rule makes the following three changes. First, the final rule revises the Coast Guard's existing regulations to allow waterfront facilities handling LNG as fuel to conduct an operational risk assessment instead of a waterway suitability assessment (WSA) without first obtaining Captain of the Port (COTP) approval. Second, the final rule revises existing regulations to update incorporated technical standards to reflect the most recent published editions. These updated industry standards only apply to waterfront facilities handling LNG and LHG that are constructed, expanded, or modified under a contract awarded after the implementation date of the final rule. Third, for waterfront facilities handling LNG that must comply with the WSA requirements, the final rule requires these facilities to provide information to the Coast Guard regarding the nation of registry for vessels transporting natural gas that are reasonably anticipated to be servicing the facilities, and the nationality or citizenship of officers and crew serving on board those vessels.

The U.S. Department of Transportation (Department or DOT) is amending its regulations regarding the hearing procedures that are available when the Department proposes a discretionary aviation consumer protection rulemaking declaring a practice to be unfair or deceptive. This final rule simplifies the hearing procedures and allows the Department greater flexibility to conduct a hearing in a manner that would not unduly delay the aviation consumer protection rulemaking.

The Department of Veterans Affairs (VA) amends its regulations around the conditions by which VA benefits debts or medical debts are reported to consumer reporting agencies (CRA). The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 provides the Secretary authority to prescribe regulations that establish the minimum amount of a benefits or medical debt that the Secretary will report to the CRA. This change will establish the methodology for determining a minimum threshold for debts reported to CRA.

The Environmental Protection Agency (EPA) is finalizing modifications of certain compliance dates under the Renewable Fuel Standard (RFS) program. First, EPA is extending the RFS compliance reporting deadline and the associated attest engagement reporting deadline for the 2019 compliance year for small refineries only. Second, EPA is extending the RFS compliance reporting deadline and the associated attest engagement reporting deadline for the 2020, 2021, and 2022 compliance years for all obligated parties. Finally, EPA is changing the way in which future RFS compliance and attest engagement reporting deadlines are determined.

This regulation establishes an exemption from the requirement of a tolerance for residues of Saccharomyces cerevisiae strain LAS02 in or on all food commodities when used in accordance with label directions and good agricultural practices. Lesaffre Yeast Corporation (c/o Wagner Regulatory Associates, Inc.) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Saccharomyces cerevisiae strain LAS02 under FFDCA when used in accordance with this exemption.

We, the U.S. Fish and Wildlife Service, are correcting an erroneous acreage amount presented twice in the preamble of our July 22, 2021, final rule that was issued to comply with a court order concerning the critical habitat designation for the jaguar (Panthera onca) under the Endangered Species Act of 1973, as amended (Act).

The Department of Health and Human Services (HHS or the Department) finalizes its proposed regulation amending the Department's Federal Acquisition Regulation Supplement, the HHS Acquisition Regulation (HHSAR), to support the HHS Electronic Invoicing Implementation Project and HHS's transition to the Department of the Treasury's Invoice Processing Platform. This complies with Office of Management and Budget (OMB) memorandum M-15-19, Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, issued on July 17, 2015.

Illinois has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. EPA has reviewed Illinois' application and has determined that these changes satisfy all requirements needed to qualify for final authorization. Therefore, we are proposing to authorize the State's changes. EPA seeks public comment prior to taking final action.