2022 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is adding a substance commonly referred to as chitosan (also known by its chemical name: poly-D-glucosamine) (CAS No. 9012-76-4) to the list of active ingredients eligible for use in minimum risk pesticide products exempt from registration and other requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In doing so, EPA is specifying that the listing also includes those chitosan salts that can be formed when chitosan is mixed with the acids that are listed as active or inert ingredients eligible for use in minimum risk pesticide products.

The Federal Trade Commission (``Commission'') proposes to commence a rulemaking proceeding to address certain deceptive or unfair acts or practices relating to fees. The Commission is soliciting written comment, data, and argument concerning the need for such a rulemaking to prevent persons, entities, and organizations from imposing such fees on consumers.

The FAA is superseding Airworthiness Directive (AD) 2020-04- 20, which applied to certain De Havilland Aircraft of Canada Limited Model DHC-8-400 series airplanes. AD 2020-04-20 required repetitive inspections of certain parts for discrepancies that meet specified criteria, and replacement as necessary; repetitive inspections of certain parts for damage and wear, and rework of parts; and electrical bonding checks of certain couplings. AD 2020-04-20 also required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. For certain airplanes, AD 2020-04-20 allowed a modification that terminates the repetitive inspections. This AD continues to require the actions in AD 2020-04-20, revises the applicability by adding airplanes, and requires, for certain airplanes, the previously optional rework and retrofit of certain parts of the fuel system. Doing the rework and retrofit terminates the retained initial and repetitive inspections in this AD. This AD was prompted by reports of wear on fuel couplings, bonding springs, and sleeves as well as fuel tube end ferrules and fuel component end ferrules, and by a determination that a more robust lightning ignition protection design is necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and A350-1041 airplanes. This AD was prompted by a determination that in the event of rapid decompression at a specific location of the airplane, possible deflections of the passenger floor cross beams may result in wiring damages, leading to potential system losses. This AD requires amending the operator's existing airplane flight manual (AFM) to update the landing performance database, 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.

The National Indian Gaming Commission inadvertently referred to an incorrect RIN in a recent proposed rule published in the Federal Register concerning audit standards. This document corrects that error in the proposed rule.

The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Potomac River. This action is necessary to provide for the safety of life on these navigable waters at the old Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US- 301) Bridge during demolition operations from February 1, 2023 through February 14, 2023. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port, Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

The U.S. Nuclear Regulatory Commission (NRC) will consider in its rulemaking process the issue raised in a petition for rulemaking (PRM), PRM-37-2, submitted by Richard Arnold and Ron Johnson, on behalf of the Tribal Radioactive Materials Transportation Committee, dated December 4, 2020. The petitioner requests that the NRC amend its regulations to include advance Tribal notification of certain radioactive material shipments.

The FAA is adopting a new airworthiness directive (AD) for certain Bell Textron Inc., Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412CF, and 412EP helicopters; certain Erickson 214 Holdings, LLC, Model 214B and 214B-1 helicopters; certain Leonardo S.p.a. Model AB412 and AB412 EP helicopters; and certain various restricted category helicopters. This AD was prompted by reports of two in-service failures of forward crosstubes due to fatigue damage and the issuance of newly established life limits. This AD requires determining the total number of landings on certain part-numbered forward crosstubes and incorporating requirements (airworthiness limitations) into existing maintenance records. The FAA is issuing this AD to address the unsafe condition on these products.

This action amends restricted area R-2206 by renaming it R- 2206A and establishes six new restricted areas R-2206B, R-2206C, R- 2206D, R-2206E, R-2206F, and R-2206G, over Clear, AK. The FAA has determined that these actions are necessary to protect aircraft from the hazardous High-Intensity Radiated Field (HIRF) produced by the Long Range Discrimination Radar (LRDR) and segregate non-participating aircraft.

The Environmental Protection Agency (EPA) is proposing to approve revisions to Regulation Number 3 of the Colorado Code of Regulations (CCR) submitted to the EPA by the State of Colorado on March 22, 2021. These revisions reflect changes made by the State to update dates of incorporation by reference of sections of the Code of Federal Regulations (CFR) related to Global Warming Potentials (GWPs). The revisions also include updated references to other sections of the CCR that were previously moved to a new location as well as changes to Regulation 3 to reflect digitalization of public notice and comment procedures. The EPA is taking this action pursuant to the Clean Air Act (CAA).

This action removes the Class E airspace at Stratford, TX. This action is due to the cancellation of the instrument procedures at the associated airport, and the airspace no longer being required.

This action proposes to remove the Class E airspace at Marfa, TX. The FAA is proposing this action due to the closure of the airport.

This proposed rule would implement a recommendation from the Prune Marketing Committee (Committee) to increase the assessment rate established for the 2022-23 crop year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Consumer Financial Protection Bureau (Bureau or CFPB) has issued Consumer Financial Protection Circular 2022-06, titled, ``Unanticipated Overdraft Fee Assessment Practices.'' In this Circular, the Bureau responds to the question, ``Can the assessment of overdraft fees constitute an unfair act or practice under the Consumer Financial Protection Act (CFPA), even if the entity complies with the Truth in Lending Act (TILA) and Regulation Z, and the Electronic Fund Transfer Act (EFTA) and Regulation E?''

A Returned Deposited Item is a check that a consumer deposits into their checking account that is returned to the consumer because the check could not be processed against the check originator's account. Blanket policies of charging Returned Deposited Item fees to consumers for all returned transactions irrespective of the circumstances or patterns of behavior on the account are likely unfair under the Consumer Financial Protection Act (CFPA). The Consumer Financial Protection Bureau (Bureau or CFPB) is issuing this bulletin to notify regulated entities how the Bureau intends to exercise its enforcement and supervisory authorities on this issue.

The U.S. Small Business Administration (SBA or Agency) is proposing to lift the moratorium on licensing new Small Business Lending Companies (SBLCs) and add a new type of entity called a Mission-Based SBLC. SBA is also proposing to remove the requirement for a Loan Authorization.

The Bureau of Land Management (BLM) proposes to amend its existing regulations to enhance the communications uses program, update its cost recovery fee schedules, and add provisions governing the development and approval of operations, maintenance, and fire prevention plans and agreements for rights-of-way (ROWs) for electric transmission and distribution facilities (powerlines). Communication uses and powerlines are two of many ROW activities authorized under the Federal Land Policy and Management Act of 1976, as amended (FLPMA). Cost recovery fees apply to most ROW activities authorized under either Title V of FLPMA or the Mineral Leasing Act of 1920, as amended (MLA), as well as to land use authorizations under Title III of FLPMA.

This final rule sets forth routine updates to the Medicare home health payment rates for calendar year (CY) 2023 in accordance with existing statutory and regulatory requirements. This final rule also finalizes a methodology for determining the impact of the difference between assumed versus actual behavior change on estimated aggregate expenditures for home health payments as result of the change in the unit of payment to 30 days and the implementation of the Patient Driven Groupings Model (PDGM) case-mix adjustment methodology and finalizes a corresponding permanent prospective adjustment to the CY 2023 home health payment rate. This rule finalizes the reassignment of certain diagnosis codes under the PDGM case-mix groups, and establishes a permanent mitigation policy to smooth the impact of year-to-year changes in home health payments related to changes in the home health wage index. This rule also finalizes recalibration of the PDGM case-mix weights and updates the low utilization payment adjustment (LUPA) thresholds, functional impairment levels, comorbidity adjustment subgroups for CY 2023, and the fixed-dollar loss ratio (FDL) used for outlier payments. Additionally, this rule discusses comments received on the future collection of data regarding the use of telecommunications technology during a 30-day home health period of care on home health claims. This rule also finalizes changes to the Home Health Quality Reporting Program (HH QRP) requirements; changes to the expanded Home Health Value-Based Purchasing (HHVBP) Model; and updates to the home infusion therapy services payment rates for CY 2023.

The FAA proposes to adopt a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -402 airplanes. This proposed AD was prompted by reports of corrosion on the horizontal stabilizer lower center skin panel, including a finding of corrosion where the skin thickness had been substantially reduced, which affected design margins. This proposed AD would require inspecting the horizontal stabilizer lower center skin panel for corrosion, and reworking, repairing, or replacing the lower center skin panel if necessary. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to amend the Class E airspace at Mount Sterling and Pittsfield, IL. The FAA is proposing this action due to airspace reviews conducted as part of the decommissioning of the Quincy very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. The geographic coordinates of Pittsfield Penstone Municipal Airport, Pittsfield, IL, would also be updated to coincide with the FAA's aeronautical database.

This action proposes to amend the Class E airspace at Marshalltown, IA. The FAA is proposing this action as the result of an airspace review as part of the decommissioning of the Elmwood very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program.

This action proposes to amend the Class E airspace at Plymouth and Winamac, IN. The FAA is proposing this action due to an airspace review conducted as part of the decommissioning of the Knox very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. The geographic coordinates of Plymouth Municipal Airport would also be updated to coincide with the FAA's aeronautical database.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel regulations by revising the NAC International, Inc. MAGNASTOR[supreg] Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 10 to Certificate of Compliance No. 1031. Amendment No. 10 revises the certificate of compliance by adding a new metal storage overpack.

On October 11, 2022, the FAA published a final rule titled ``Update to Investigative and Enforcement Procedures and Part 11; Technical Amendments.'' That document made technical amendments to the Update to Investigative and Enforcement Procedures final rule, which was published on October 1, 2021. The technical amendments rule inadvertently identified the Rulemaking Identification Number (RIN).

This document corrects technical and typographical errors in the final rule that appeared in the August 10, 2022 Federal Register. The final rule was titled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2023 Rates; Quality Programs and Medicare Promoting Interoperability Program Requirements for Eligible Hospitals and Critical Access Hospitals; Costs Incurred for Qualified and Non- qualified Deferred Compensation Plans; and Changes to Hospital and Critical Access Hospital Conditions of Participation''.