March 2022 – Federal Register Recent Federal Regulation Documents

This document denies the September 27, 2021 petitions for rulemaking submitted by the Small Business in Transportation Coalition (SBTC) (``petitioner''). The petitioner requested that the agency initiate rulemaking to establish a new Federal motor vehicle safety standard (FMVSS) on the installation of electronic logging devices (ELDs), and to amend existing FMVSSs for heavy vehicle braking and accelerator control systems (i.e., FMVSS Nos. 105, 121, and 124). NHTSA is denying the petitions based on a lack of information necessary under the National Traffic and Motor Vehicle Safety Act and the allocation of agency resources.

This action proposes to revoke Colored Federal airway Green 15 (G-15) due to the decommissioning of St. Mary's, AK, (SMA) and Takotna River, AK, (VTR) Non-directional Beacons (NDB).

The U.S. Department of Energy (DOE or the Department) will hold a webinar to discuss and receive comments on the preliminary analysis it has conducted for purposes of evaluating energy conservation standards for ceiling fan light kits (``CFLKs''). The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for this product; the results of preliminary analyses performed by DOE for this product; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product should it determine that proposed amendments are necessary; and any other issues relevant to the evaluation of energy conservation standards for CFLKs. In addition, DOE encourages written comments on these subjects.

The U.S. Environmental Protection Agency (EPA) is proposing the results of the technology review conducted in accordance with the Clean Air Act (CAA) for the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Wood Preserving Area Sources. The EPA is proposing no changes to the standards as a result of the technology review. The EPA is proposing minor editorial and formatting changes to the Wood Preserving Area Sources NESHAP table of applicable general provisions. Unrelated to the review for the Wood Preserving Area Sources NESHAP, the EPA is also proposing technical corrections to the Surface Coating of Wood Building Products NESHAP.

NMFS is proposing to modify the baseline annual U.S. quota and subquotas for Atlantic bluefin tuna and the baseline annual U.S. North Atlantic albacore (northern albacore) quota. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted in 2021, as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The Commission has before it a petition for rulemaking filed by Gray Television Licensee, LLC (Petitioner), the licensee of KSCW-DT, channel 12, Wichita, Kansas. The Petitioner requests the substitution of channel 28 for channel 12 at in the Table of Allotments.

The Great Lakes St. Lawrence Seaway Development Corporation (GLS) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the GLS is amending the joint regulations by updating the Regulations and Rules in various categories. The changes update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; and, Dangerous Cargo. These changes are to clarify existing requirements in the regulations.

This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2022-05, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2022-05, which precedes this document.

The FAA is superseding Airworthiness Directive (AD) 2020-16- 01, which applied to all Airbus SAS Model A318, A319, A320, and A321 series airplanes. AD 2020-16-01 required repetitive cleaning and greasing of affected cargo door seals (both original equipment manufacturer (OEM) and parts manufacturer approval (PMA) parts). This AD was prompted by reports of low halon concentration in the forward and aft cargo compartments due to air leakage through cargo compartment door seals, and the FAA's determination that improved cargo door seals must be installed and that certain flight operations must be limited until the improved cargo door seals are installed. This AD retains certain actions required by AD 2020-16-01 and requires replacing certain forward and aft cargo compartment door seals with new seals and installing a placard on the cargo compartment doors; and for certain airplanes, revising the existing airplane flight manual (AFM) to implement an operational limitation for certain routes. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Schempp-Hirth Flugzeugbau GmbH Model Ventus-2a and Ventus-2b gliders. This AD was prompted by 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 describes the unsafe condition as severe corrosion on the inboard flaperon actuation push rods and ball bearing connecting the flaperon push rod to the bell crank inside the wing. This AD requires inspecting the affected parts of the flaperon control in the wings and taking corrective actions if necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Costruzioni Aeronautiche Tecnam S.P.A. Model P2012 Traveller airplanes. This proposed 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 describes the unsafe condition as free play in the trim tab actuator and trim tab surface. This proposed AD would require repetitively inspecting the trim tab trailing edge to determine if free play exists and taking corrective actions as needed. The FAA is proposing this AD to address the unsafe condition on these products.

The Food and Drug Administration (FDA, Agency, or we) is announcing the availability of a final guidance for industry and FDA staff entitled ``Initiation of Voluntary Recalls Under 21 CFR part 7, subpart C.'' The guidance for industry and FDA staff provides guidance on timely initiation of voluntary recalls of FDA-regulated products. It also discusses preparations that firms in a distribution chain should consider making to ensure timely responses to a recall communication. In addition, the guidance discusses how FDA assists firms with carrying out their recall responsibilities to protect the public health from distributed products in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and other laws administered by FDA. This guidance finalizes the draft guidance of the same title issued on April 24, 2019.

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This action changes the effective date of a final rule published in the Federal Register on September 8, 2021, amending airspace for several airports in the south Florida area. The FAA is delaying the effective date to coincide with the completion of ongoing airspace projects in the area.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision pertains to the reduction of the maximum allowable sulfur content limit for Number 2 (No. 2) and lighter commercial fuel oil, generally sold and used for residential and commercial furnaces and oil heat burners for home or space heating, water heating or both, from the current limit of 500 parts per million (ppm) to 15 ppm. EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

The Department of Health and Human Services (HHS or Department) is postponing, pending judicial review, the effective date of a final rule entitled ``Securing Updated and Necessary Statutory Evaluations Timely'' (SUNSET final rule) and published in the Federal Register of January 19, 2021, and a final rule correction published in the Federal Register of March 23, 2021.

This action establishes 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.

The Environmental Protection Agency (EPA) is proposing to find that the Indiana portion of the Chicago-Naperville, IL-IN-WI area (Chicago area) is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and to redesignate the Indiana portion of the Chicago area to attainment for the 2008 ozone NAAQS, because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). EPA is proposing to approve, as a revision to the Indiana State Implementation Plan (SIP), the State's plan for maintaining the 2008 ozone NAAQS through 2035 in the Chicago area. EPA is also proposing to approve a waiver, for the Indiana portion of the Chicago area, from the oxides of nitrogen (NOX) requirements of the CAA. EPA finds adequate and is proposing to approve Indiana's 2030 and 2035 volatile organic compound (VOC) and NOX Motor Vehicle Emission Budgets for the Indiana portion of the Chicago area. Finally, the VOC reasonably available control technology (RACT), clean- fuel vehicle programs (CFVP), enhanced monitoring of ozone and ozone precursors (EMP), and Enhanced motor vehicle Inspection/Maintenance (I/ M) SIP revisions. These SIP revisions satisfy the above requirements for a nonattainment area that is classified as a ``Serious area'' for the Indiana portion of the Chicago area under the 2008 ozone NAAQS.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), dated July 20, 2015, and supplemented on August 31, 2015, submitted by Kurt T. Schaefer (the petitioner). The petition was docketed by the NRC on September 4, 2015, and was assigned Docket No. PRM-50-112. The petitioner requested that the NRC amend its regulations to define the term ``important to safety'' and provide a set of specific criteria for determining which structures, systems, components and functions are ``important to safety.'' The NRC is denying the petition because the issue raised does not involve a significant safety or security concern, and the existing NRC regulations, guidance, and procedures adequately address the issue raised in the PRM. A prescriptive approach that defines criteria for structures, systems, components and functions ``important to safety'' would likely have unintended consequences for the licensing bases of the current operating fleet and could reduce operational flexibility without providing a clear safety benefit. The NRC's current regulations continue to provide reasonable assurance of adequate protection of public health and safety, promote the common defense and security, and protect the environment.

The Department of the Treasury, Bureau of the Fiscal Service (Treasury) administers the corporate Federal surety bond program (the program). Treasury issues certificates of authority to qualified sureties to underwrite and reinsure Federal surety bond obligations. Treasury also recognizes qualified companies as admitted reinsurers who can provide reinsurance to certified companies except on Federal surety bonds. Treasury recognizes an admitted reinsurer for the purpose of providing credit to a surety for non-Federal obligations ceded to an admitted reinsurer when valuing the assets and liabilities of a surety for Treasury certificate purposes, as appropriate. Treasury is proposing to amend its regulations to allow for recognition of additional companies as reinsurers that are excluded under the current regulations. Additionally, Treasury proposes to amend its regulations to incorporate requirements for surety companies to submit information that Treasury uses to perform financial analysis of these companies, which was previously published in supplemental guidance documents. Treasury also proposes a reorganization of the existing regulations to modernize and improve their structure.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify (downlist) the relict darter (Etheostoma chienense) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). The relict darter is a fish species that occupies the Bayou de Chien stream system in western Kentucky. Our evaluation of the best available scientific and commercial information 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 propose a rule under section 4(d) of the Act that provides for the conservation of the relict darter. In addition, we announce the availability of the draft recovery plan for the relict darter. The draft recovery plan includes specific recovery objectives and criteria based on the species status assessment. We request review of this proposal and of the draft recovery plan and comment from local, State, and Federal agencies, nongovernmental organizations, Tribes, and the public.

The U.S. General Services Administration (GSA) proposes to amend the Federal Travel Regulation (FTR) by adding definitions to the Glossary of Terms; adopting recommendations from agencies and the Senior Travel Official Council to simplify the FTR; consolidating duplicative regulations pertaining to the use of common carrier transportation accommodations; introducing premium economy airline accommodations as a class of service and creating management controls related to the use thereof; removing an outdated exception to use of a Contract City Pair fare; sequencing common carrier regulations in a more logical order; and making miscellaneous editorial corrections.

This regulation establishes an exemption from the requirement of a tolerance for residues of Polyammonium bisulfate (PABS) (CAS Reg. No. 10043-02-4), herein referred to as PABS, when used as an inert ingredient (carrier, adjuvant, buffer and stabilizer) in/on growing crops and raw agricultural commodities pre- and post-harvest, limited to 40% in pesticide non-residential formulations and 5% in pesticide formulations for residential use. An exemption is also established for its use in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, food-processing equipment and utensils, limited to 250 parts per million (ppm). Spring Regulatory Sciences on behalf of Earth Science Laboratories, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the establishment of exemptions from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of PABS.

The Federal Election Commission is adopting a procedure concerning the enforcement process in situations where the respondent to a complaint is a foreign state, a political subdivision of a foreign state, a head of state or other foreign official acting in his or her official capacity, or an agency or instrumentality of a foreign state.

The Environmental Protection Agency (EPA) is proposing to find that the revised Door County (partial) nonattainment area in Wisconsin is attaining the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard) and to act in accordance with a request from the Wisconsin Department of Natural Resources (WDNR) to redesignate the area to attainment of the 2015 ozone NAAQS, because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). Wisconsin submitted this request on January 5, 2022. EPA is also proposing to approve, as a revision to the Wisconsin State Implementation Plan (SIP), the emissions inventory for the area and the State's plan for maintaining the 2015 ozone NAAQS through 2035 in the area. Finally, EPA is proposing to approve Wisconsin's 2030 and 2035 volatile organic compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets (budgets) for this area and initiating the adequacy review process for these budgets.