August 2022 – Federal Register Recent Federal Regulation Documents

The U.S. Department of Transportation (Department or DOT) is proposing to codify its longstanding interpretation that it is an unfair business practice for a U.S. air carrier, a foreign air carrier, or a ticket agent to refuse to provide requested refunds to consumers when a carrier has cancelled or made a significant change to a scheduled flight to, from, or within the United States, and consumers found the alternative transportation offered by the carrier or the ticket agent to be unacceptable. The Department is also proposing to require that U.S. and foreign air carriers and ticket agents provide non-expiring travel vouchers or credits to consumers holding non- refundable tickets for scheduled flights to, from, or within the United States who are unable to travel as scheduled in certain circumstances related to a serious communicable disease. Furthermore, the Department is proposing to require U.S. and foreign air carriers and ticket agents provide refunds, in lieu of non-expiring travel vouchers or credits, if the carrier or ticket agent received significant financial assistance from the government as a result of a public health emergency. The NPRM proposes to allow carriers and ticket agents to require consumers provide evidence to support their assertion of entitlement to a travel voucher, credit, or refund.

This action establishes United States Area Navigation (RNAV) route T-368 in the vicinity of King Salmon, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.

This action amends United States Area Navigation (RNAV) route T-267 in the vicinity of Nome, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Eastern Kern Air Pollution Control District (EKAPCD) and Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions were submitted by the California Air Resources Board (CARB) in response to EPA's June 12, 2015, finding of substantial inadequacy and SIP call for certain provisions in the SIP related to affirmative defenses applicable to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is finalizing approval of the SIP revisions because the Agency has determined that they are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or the Act) and correct deficiencies identified in the June 12, 2015 SIP call.

The Department of Labor's Employee Benefits Security Administration (EBSA) will hold a virtual public hearing regarding the proposed amendment to its prohibited transaction exemption filing and processing procedures. EBSA welcomes requests from the general public to testify at the hearing. As discussed in the DATES section below, the Department of Labor (the Department) also is reopening the comment period regarding the proposed amendment to its prohibited transaction exemption filing and processing procedures.

The Environmental Protection Agency (EPA) is redesignating the Oakridge, Oregon nonattainment area to attainment for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). The EPA is also approving a maintenance plan for the area that demonstrates continued compliance with the PM2.5 NAAQS through the year 2035, which Oregon submitted along with the redesignation request for inclusion into the Oregon State Implementation Plan (SIP). Additionally, the EPA finds adequate and is approving the PM2.5 motor vehicle emission budgets for the area. Finally, the EPA is approving additional control measures, because incorporation of these measures will strengthen the Oregon SIP and ensure PM2.5 emissions reductions in the Oakridge area. The EPA is taking these actions pursuant to the Clean Air Act (CAA or the Act).

This action amends RNAV route T-227 in the vicinity of Fairbanks, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.

The Environmental Protection Agency (EPA) is redesignating the Oakridge, Oregon nonattainment area to attainment for the 1987 National Ambient Air Quality Standard for particulate matter of 10 microns or less (PM10 NAAQS). The EPA is also approving a maintenance plan for the area that demonstrates continued compliance with the PM10 NAAQS through the year 2035, which Oregon submitted, along with the redesignation request, for inclusion into the Oregon State Implementation Plan (SIP). Additionally, the EPA finds adequate and is approving the PM10 motor vehicle emission budgets for the area. The EPA is taking these actions pursuant to the Clean Air Act (CAA or the Act).

The Coast Guard is establishing a temporary security zone in the vicinity of the Tampa Convention Center, Tampa, FL, during a Government ceremony featuring several high-level officials. The security zone will cover all navigable waters of the Seddon Channel and Hillsborough River within 100 yards of the Tampa Convention Center, Tampa, FL. The security zone is necessary to protect the official party, the public, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other causes of a similar nature. Entering or remaining in this security zone is prohibited unless authorized by the Captain of the Port St. Petersburg or a designated representative.

The FAA proposes to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 series airplanes. This proposed AD was prompted by a finding that when the autopilot is engaged, the architecture of the autopilot system does not automatically disconnect the autopilot in response to pilot application of a pitch input or when the electric pitch trim switch on either pilot control wheel is operated. This proposed AD would require modifying the autopilot engagement circuit. The FAA is proposing this AD to address the unsafe condition on these products.

On September 23, 2021, the South Carolina Department of Health and Environmental Control (SCDHEC or State agency) requested to change its delegation mechanism from ``adopt-by-reference'' to ``automatic'' for delegation of New Source Performance Standards (NSPS) under our regulations. The purpose of the State agency request for approval of the ``automatic'' delegation mechanism is to facilitate consistency with the State agency's ``automatic'' delegation mechanism for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants rules. With this NSPS delegation mechanism in place, once a new or revised rule is promulgated by EPA, delegation of authority from EPA to the State agency will become effective on the date the rule is promulgated. No further State requests for delegation will be necessary. Likewise, no further Federal Register notices will be published. EPA reserves the right to implement the federal NSPS directly and continues to retain concurrent enforcement authority. EPA is providing notice that it approved SCDHEC's request on January 17, 2022.

This final rule amends the current U.S. Department of Energy test procedure for external power supplies by clarifying the scope of the test procedure more explicitly, providing more specific instructions for testing single-voltage external power supplies with multiple-output busses and external power supplies shipped without an output cord, providing instructions allowing for functionality unrelated to the external power supply circuit to be disconnected during testing so long as the disconnection does not impact the functionality of the external power supply itself, specifying test requirements for adaptive external power supplies that conform to the industry-based Universal Serial Bus Power Delivery specifications consistent with current test procedure waivers that DOE has already granted for these products, and reorganizing the test procedure to centralize definitions, consolidate generally applicable requirements, and better delineate requirements for single-voltage, multiple-voltage, and adaptive external power supplies.

The Environmental Protection Agency (EPA) is proposing to determine that the Anne Arundel County and Baltimore County, Maryland sulfur dioxide (SO2) nonattainment area has attained the 2010 primary SO2 national ambient air quality standard (2010 SO2 NAAQS). In designated nonattainment areas where air quality data demonstrate that the NAAQS have been attained, EPA interprets certain requirements of the Clean Air Act (CAA) as no longer applicable for so long as air quality continues to meet the standard. Under this Clean Data Policy, EPA may issue a determination of attainment, known as a clean data determination (CDD), that a nonattainment area is attaining the relevant NAAQS. If finalized, this proposed CDD would suspend the obligation to submit certain attainment planning requirements for the nonattainment area for as long as the area continues to attain the 2010 SO2 NAAQS. EPA is also simultaneously proposing to approve certain elements of the attainment plan contained in Maryland's state implementation plan (SIP) revision for the Anne Arundel County and Baltimore County SO2 nonattainment area (referred to hereafter as the Anne Arundel-Baltimore County Area, or simply the Area), submitted to EPA on January 31, 2020. The requirement to submit the elements that EPA is proposing to approve would not be suspended under this proposed CDD, as set forth in EPA's Clean Data Policy, because EPA considers them to be independent of attaining the NAAQS under the CAA. Finally, EPA is approving as SIP strengthening measures certain emission limit requirements on large SO2 emission sources that were submitted as part of Maryland's attainment plan for the nonattainment area. This determination of attainment and approval of certain elements and emissions limitations into the SIP does not redesignate the Area to attainment or constitute a full approval of the submitted attainment plan or of a maintenance plan. This action is being taken under the CAA.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear, trawl catcher vessels, and catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2022 total allowable catch (TAC) of Pacific cod to be harvested.

This document directs that a referendum be conducted among eligible pistachio producers to determine whether they favor continuance of the marketing order regulating the handling of pistachios grown in California, Arizona, and New Mexico.

This rule prescribes the seasons, hours, areas, and daily bag and possession limits for hunting migratory birds. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2022-23 season.

This direct final rule implements a provision of the National Defense Authorization Act (NDAA) Fiscal Year 2021 (FY 2021) by defining a covered territory business as a small business in the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Covered territory businesses would be newly qualified for surplus personal property distributions, and covered territory mentors would receive contracting incentives for mentoring prot[eacute]g[eacute] firms that are covered territory businesses.

This action amends the Class D and Class E airspace at Victoria, TX. The FAA is taking this action due to a biennial airspace review. The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

The Pacific Fishery Management Council (Council) has submitted Amendment 23 to the Pacific Coast Salmon Fishery Management Plan (Salmon FMP) to the Secretary of Commerce for review. If approved, Amendment 23 would amend the Salmon FMP's current harvest control rule (HCR) for the Southern Oregon/Northern California Coast (SONCC) Coho Salmon Evolutionarily Significant Unit (ESU).

The Federal Housing Finance Agency (FHFA or the Agency) is issuing a proposed rule with request for comments on the multifamily housing goals for Fannie Mae and Freddie Mac (the Enterprises) for 2023 and 2024. The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (the Safety and Soundness Act) requires FHFA to establish annual housing goals for mortgages purchased by the Enterprises. Under FHFA's existing housing goals regulation, the multifamily housing goals for the Enterprises include benchmark levels through the end of 2022 based on the total number of affordable units in multifamily properties financed by mortgage loans purchased by the Enterprise each year. This proposed rule would amend the regulation to establish benchmark levels for the multifamily housing goals for 2023 and 2024 based on a new methodologythe percentage of affordable units in multifamily properties financed by mortgages purchased by the Enterprise each year.

We, the U.S. Fish and Wildlife Service (Service), propose to list magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina, as an endangered species and to designate critical habitat for the species under the Endangered Species Act of 1973, as amended (Act). In total, approximately 739 acres (299 hectares) of two ponds in Brunswick County, North Carolina, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for magnificent ramshorn. In addition, this document serves as our 12-month finding on a petition to list magnificent ramshorn. If we finalize this rule as proposed, it would extend the Act's protections to this species and its designated critical habitat.

As required by an order issued by the U.S. District Court for the Eastern District of Texas, this action delays the effective date of the final rule (``Tobacco Products; Required Warnings for Cigarette Packages and Advertisements''), which published on March 18, 2020. The new effective date is October 6, 2023.

The period for submitting public comments is being extended by 60 days to allow stakeholders interested in this rulemaking additional time to collect information and data necessary for comment and response to this ANPRM.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500- 1A11 airplanes. This AD was prompted by a dual-engine automatic shutdown on landing. This AD requires revising the existing airplane flight manual (AFM) to incorporate a new normal procedure and revised non-normal procedures, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing two general licenses (GLs) issued in the Venezuela Sanctions program: GL 40, which was previously made available on OFAC's website and is now expired, and GL 40A, which was also previously made available on OFAC's website and expires on July 12, 2023.