November 17, 2022 – Federal Register Recent Federal Regulation Documents

This rulemaking finalizes, without change, the U.S. Small Business Administration's (SBA or Agency) 2019 interim final rule (RIN 3245-AH17) that adjusted monetary-based industry size standards (i.e., receipts- and assets-based) for inflation that occurred since 2014. This rulemaking also includes three interim final actions. First, SBA adds an additional 13.65 percent inflation increase to the monetary small business size standards, which have been recently adjusted as part of the second five-year review of size standards pursuant to the Small Business Jobs Act of 2010 (Jobs Act). This concurrent additional adjustment accounts for the inflation that has occurred since 2019 that has not been adequately addressed by the Agency's previous adjustments to its small business size standards under the Jobs Act. Second, this rulemaking adjusts three program-specific monetary size standards to account for inflation: the size standards for sales or leases of government property, the size standards for stockpile purchases, and alternative size standard based on tangible net worth and net income for the Small Business Investment Company (SBIC) program. Third, SBA adjusts for inflation the economic disadvantage thresholds applicable to the 8(a) Business Development and Economically Disadvantaged Women- Owned Small Business (EDWOSB) programs, and the dollar limit for combined total 8(a) contracts.

FRA is amending its Safety Glazing Standards for exterior windows on railroad equipment to codify long-standing waivers, add a new testing option to improve consistency of glazing testing, and revise outdated section headings. The changes update and clarify existing requirements to maintain and, in some cases, enhance safety, while reducing unnecessary costs. Codification of the waivers is also consistent with the Infrastructure Investment and Jobs Act and will enable FRA to use its inspection resources more efficiently.

The United States Patent and Trademark Office (USPTO or Office) is amending the patent rules of practice to provide that the receipt date of correspondence officially submitted electronically by way of the USPTO patent electronic filing system is the date in the Eastern time zone of the United States (Eastern Time) when the USPTO received the correspondence rather than the date on which the correspondence is received at the correspondence address in Alexandria, Virginia. This change is necessary because the USPTO is expecting to provide servers for receiving electronic submissions in locations that are separate from the USPTO headquarters in Alexandria, Virginia. This change will ensure consistency and predictability with respect to correspondence receipt dates, as the date of receipt accorded to correspondence submitted electronically will not depend on the location of USPTO servers. The USPTO is also amending the patent rules of practice to make other clarifying changes regarding the receipt of electronic submissions, including providing a definition for Eastern Time. These changes harmonize the patent rules with the trademark rules and provide clarity regarding the date of receipt of electronic submissions.

This document includes several amendments to the Bylaws of the Board of Governors. Additions have been made to conform the Bylaws to existing law. Technical edits have also been made to clarify the language of the Bylaws. Amendments include the addition of decisions to be made by the Board of Governors and changes to the voting and quorum requirements for actions to be taken by the Board of Governors.

We, the U.S. Fish and Wildlife Service (Service or FWS), propose to revise the rule for the African elephant (Loxodonta africana) promulgated under section 4(d) of the Endangered Species Act of 1973, as amended (ESA). The intended purposes are threefold: To increase protection for African elephants in light of the recent rise in international trade of live African elephants by establishing ESA enhancement permit requirements for international trade in live elephants and specific enhancement requirements for the import of wild- sourced elephants, as well as requirements to ensure that proposed recipients of live African elephants are suitably equipped to house and care for them; to clarify the existing enhancement requirement during our evaluation of an application for a permit to import African elephant sport-hunted trophies; and to incorporate a Party's designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) National Legislation Project into the decision-making process for the import of live African elephants, African elephant sport-hunted trophies, and African elephant parts and products other than ivory and sport-hunted trophies. We anticipate these measures will affect implementation in foreign countries of management measures that enhance African elephant conservation.

The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

In accordance with the Paperwork Reduction Act of 1995 (PRA), the U.S. Geological Survey (USGS) is proposing to renew an information collection with revisions.

With the issuance of this final rule, the Drug Enforcement Administration places amineptine (chemical name: 7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid), including its salts, isomers, and salts of isomers, in schedule I of the Controlled Substances Act. This action is being taken to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. This action imposes the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle amineptine.

The Food and Drug Administration (FDA, the Agency, or we) is announcing the availability of a document entitled ``Draft Amended Environmental Assessment for Production of AquAdvantage Salmon at the Bay Fortune and Rollo Bay Facilities on Prince Edward Island, Canada.'' This draft amended environmental assessment (EA) has been prepared by FDA in support of the approved new animal drug application (NADA 141- 454) concerning AquAdvantage Salmon (AAS), in response to an order by the U.S. District Court, Northern District of California.

The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-545 airplanes. This AD was prompted by an error that was detected in the airplane takeoff configuration warning logic. The error prevents the system from sounding an aural alert ``No Takeoff Trim'' for the flightcrew. This AD requires the installation of a new software version of engine indication and crew alert system (EICAS), as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The U.S. Nuclear Regulatory Commission (NRC, the Commission) is considering issuance of an amendment to Renewed Facility Operating License No. TR-5, issued to the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), for operation of the National Bureau of Standards test reactor (NBSR). The proposed amendment would revise the NBSR Safety Analysis Report (SAR) to allow reactor operation with the debris that remains in the reactor primary coolant system from the February 3, 2021, fuel damage event and after the subsequent cleaning operations. The proposed amendment would not authorize the restart of the NBSR.

Pursuant to the Federal Advisory Committee Act, the Under Secretary of Commerce for Oceans and Atmosphere (Under Secretary) announces the establishment of the Marine and Coastal Area-based Management Advisory Committee (MCAM AC). The MCAM AC shall advise the Under Secretary on science-based approaches to area-based protection, conservation, restoration, and management in coastal and marine areas, including the Great Lakes. The scope of the Committee's advice will include, but not be limited to, efforts consistent with the America the Beautiful initiative, as well as other relevant issues that may be requested by the Under Secretary. The MCAM AC shall terminate 2 years from the date of its charter's filing with the appropriate U.S. Senate and House of Representatives committees unless earlier terminated or renewed by the proper authority. This notice also requests nominations for membership on the MCAM AC (see ``Structure'' and ``Nominations and Applications'' below for more detail).

The Department of Veterans Affairs (VA) announces that the Secretary of Veterans Affairs issued Instruction 01-22 on October 11, 2022, which addresses the legal impediment that exists for certain same sex-surviving spouses to qualify for Survivors Pension or Dependency and Indemnity Compensation (DIC) benefits due to not meeting the duration of marriage requirements for those benefits because they were prevented from marrying at an earlier date by reason of laws that have been found to be unconstitutional. Additionally, VA announces Pension and Fiduciary Service's general policy statement on the administration of Veterans Benefits Administration (VBA) benefits for particular same- sex surviving spouses.

The Environmental Protection Agency (EPA or agency) proposes revisions to the agency's regulations under the Freedom of Information Act (FOIA or Act). This action supports the agency's mission by updating the process by which the public may access information about EPA actions and activities.

The White House Office of Science and Technology Policy (OSTP) requests input to help inform the development of a National Strategy for Microgravity Research and Development (R&D) to ensure sustainability of space-based research during and beyond microgravity platform transitionfrom the International Space Station (ISS) to future commercial platforms. This particular request seeks information regarding the future vision of a robust research ecosystem in low-earth orbit (LEO) and the role of the U.S. government in enabling that future.

This action implements approved measures for Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. Amendment 22 was developed by the Mid-Atlantic Fishery Management Council to revise summer flounder, scup, and black sea bass commercial and recreational sector allocations. Amendment 22 is intended to ensure that the best available science is used to determine commercial and recreational sector allocations.

The Department of the Treasury (``Department'' or ``Treasury'') is hosting the first meeting of the Treasury Advisory Committee on Racial Equity (``TACRE'' or ``Committee''). The Committee is composed of 25 members who will provide information, advice, and recommendations to the Department of the Treasury on matters relating to the advancement of racial equity. This notification provides the date, time, and location of the first meeting and the process for participating and providing comments.

The U.S. Nuclear Regulatory Commission (NRC) is considering a renewal for twenty years of special nuclear materials (SNM) License SNM-2500 for the possession, transfer, and storage of radioactive material at the Morris Operation independent spent fuel storage installation (ISFSI) in Grundy County, Illinois. The license is held by GE-Hitachi Nuclear Energy Americas, LLC, and, if renewed, would expire on May 31, 2042.

The FAA is superseding Airworthiness Directive (AD) 2016-10- 08, AD 2017-05-10, and AD 2019-01-05, which applied to certain Airbus SAS Model A330-200, -200 Freighter, and -300 series airplanes; and AD 2019-20-13, which applied to certain Airbus SAS Model A330-200, A330- 200 Freighter, A330-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. AD 2016-10-08 required determining the flight cycles accumulated on certain trimmable horizontal stabilizer actuators (THSAs), and replacing the THSA if necessary. AD 2017-05-10, AD 2019- 01-05, and AD 2019-20-13 required revising the existing maintenance or inspection program, as applicable. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Education (BIE), are proposing to renew an information collection.

This regulation establishes a tolerance for residues of sulfur dioxide in or on blueberry. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).