2022 – Federal Register Recent Federal Regulation Documents
Results 1,151 - 1,200 of 3,394
Notification of Submission to the Secretary of Agriculture; Pesticides; Addition of Chitosan (Including Chitosan Salts) to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products
This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft final rulemaking regulatory document concerning ``Pesticides; Addition of Chitosan (Including Chitosan Salts) to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products (RIN 2070-AK54).'' The draft regulatory document is not available to the public until after it has been signed and made available by EPA.
Section 42, Low-Income Housing Credit Average Income Test Regulations
This document contains final and temporary regulations setting forth guidance on the average income test for purposes of the low- income housing credit. If a building is part of a residential rental project that satisfies this test, the building may be eligible to earn low-income housing credits. These final and temporary regulations affect owners of low-income housing projects, tenants in those projects, and State or local housing credit agencies that monitor compliance with the requirements for low-income housing credits.
Air Plan Approval; NC; Miscellaneous NSR Revisions and Updates; Updates to References to Appendix W Modeling Guideline
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision, submitted by North Carolina on April 13, 2021. Specifically, EPA is proposing to approve updates to the incorporation by reference of federal new source review (NSR) regulations and federal guidelines on air quality modeling in the North Carolina SIP. Based on its proposal to approve this revision, EPA is also proposing to convert the previous conditional approval regarding infrastructure SIP prevention of significant deterioration (PSD) elements for the 2015 Ozone National Ambient Air Quality Standard (NAAQS) for North Carolina to a full approval. EPA is also proposing to approve additional updates to North Carolina's NSR regulations to better align them with the federal rules. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Temporary Agricultural Employment of H-2A Nonimmigrants in the United States
The Department of Labor (Department or DOL) is amending its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers) and enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. These regulations are consistent with the Secretary of Labor's (Secretary) statutory responsibility to certify that there are not sufficient able, willing, and qualified workers available to fill the petitioning employer's job opportunity, and that the employment of H-2A workers in that job opportunity will not adversely affect the wages and working conditions of workers in the United States similarly employed. Among the issues addressed in this final rule are improving the minimum standards and conditions of employment that employers must offer to workers; expanding the Department's authority to use enforcement tools, such as program debarment for substantial violations of program requirements; modernizing the process by which the Department receives and processes employers' job orders and applications for temporary agricultural labor certifications, including the recruitment of United States workers (U.S. workers); and revising the standards and procedures for determining the prevailing wage rate. This final rule will strengthen protections for workers, modernize and simplify the H- 2A application and temporary labor certification process, and ease regulatory burdens on employers.
Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington
The Environmental Protection Agency (EPA) proposes to revise the Federal Air Rules for Reservations (FARR), which is a collection of Federal Implementation Plans (FIPs) under the Clean Air Act for Indian reservations in Idaho, Oregon, and Washington. The proposed revisions, the first since the FARR was promulgated in 2005, clarify aspects of the initial rules, improve implementation, reflect air quality improvement strategies similar to those implemented in neighboring jurisdictions, and add provisions to address high levels of particulate matter emissions. In addition, the EPA proposes to promulgate three new FIPs implementing the FARR, for the Snoqualmie Indian Reservation, the Cowlitz Indian Reservation, and the lands held in trust for the Samish Indian Nation. As revised, the FARR will help further protect the human health and the environment of communities in and adjacent to these Indian reservations. The FARR will continue to be implemented by the EPA or a delegated Tribal authority, until replaced by a Tribal Implementation Plan (TIP) for a particular Indian reservation.
Air Plan Approval; Delaware; Removal of Excess Emissions Provisions
The Environmental Protection Agency (EPA) is proposing to approve certain portions of a state implementation plan (SIP) revision submitted by the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), on November 22, 2016. The revision was submitted by Delaware in response to a national finding of substantial inadequacy and SIP call published on June 12, 2015, which included certain provisions in the Delaware SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is proposing to approve two specific provisions of the submitted SIP revision and proposing to determine that such SIP revision corrects some of the deficiencies in Delaware's SIP identified in the June 12, 2015, SIP call. EPA plans to act on the remainder of the SIP revision in a separate action or actions.
85/15 Rule Calculations, Waiver Criteria, and Reports
The Department of Veterans Affairs (VA) is proposing to amend its educational assistance regulations by eliminating the four 85/15 rule calculation exemptions for students in receipt of certain types of institutional aid. Currently, VA regulations provide exceptions that allow certain categories of students to be considered ``non-supported'' for purposes of the 85/15 rule notwithstanding their receipt of institutional aid. VA is proposing to eliminate these exceptions, thus clarifying the types of scholarships that educational institutions must include in their calculations of ``supported'' students. Also, VA is proposing to revise the criteria that shall be considered by the Director of Education Service when granting an 85/15 rule compliance waiver. Lastly, VA is proposing to amend the timeline for certain educational institutions' submission of 85/15 compliance reports.
Section 42, Low-Income Housing Credit Average Income Test Regulations
This document contains proposed regulations concerning recordkeeping and reporting requirements for the average income test for purposes of the low-income housing credit. If a building is part of a residential rental project that satisfies this test, the building may be eligible to earn low-income housing credits. These proposed regulations affect owners of low-income housing projects and State or local housing credit agencies that monitor compliance with the requirements for low-income housing credits. In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations concerning the recordkeeping and reporting requirements for the average income test. The text of the temporary regulations also serves as the text of these proposed regulations.
Safety Zone; Atchafalaya River-Berwick Bay, Morgan City, LA
The Coast Guard is establishing a temporary safety zone of 100-meters from the western side of the channel in the Atchafalaya River through Berwick Bay between mile marker (MM) 119 and MM 121. This temporary safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the recreational paddling race, Tour Du Teche 135. Entry of vessels into this zone is prohibited unless specifically authorized the Captain of the Port Houma or a designated Patrol Commander.
Airworthiness Directives; General Electric Company Turbofan Engines
The FAA is adopting a new airworthiness directive (AD) for certain General Electric Company (GE) GEnx-1B and GEnx-2B model turbofan engines. This AD was prompted by the detection of melt-related freckles in the forgings and billets, which may reduce the life of certain compressor discharge pressure (CDP) seals, interstage seals, high-pressure turbine (HPT) rotor stage 2 disks, and stages 6-10 compressor rotor spools. This AD requires revising the airworthiness limitations section (ALS) of the applicable GEnx-1B and GEnx-2B Engine Manual (EM) and the operator's existing approved maintenance program or inspection program, as applicable, to incorporate reduced life limits for these parts. The FAA is issuing this AD to address the unsafe condition on these products.
Lysate of Willaertia magna C2c Maky; Exemption From the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of Lysate of Willaertia magna C2c Maky in or on raw agricultural commodities and processed food, when used in accordance with label directions and good agricultural practices. The Amo[eacute]ba SA, 38 ave des Fr[egrave]res Montgolfier, F-69680 Chassieu, France, 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 Lysate of Willaertia magna C2c Maky when used in accordance with this exemption.
Energy Labeling Rule
The Federal Trade Commission (``FTC'' or ``Commission'') issues routine updates to comparability range information on EnergyGuide labels for refrigerators and freezers, dishwashers, water heaters, room air conditioners (ranges only), clothes washers, furnaces, and pool heaters in the Energy Labeling Rule (``Rule''). The Commission also makes a minor, clarifying change to requirements for determining room air conditioner capacity.
Airworthiness Directives; Bell Textron Inc. Helicopters and Various Restricted Category Helicopters
The FAA is adopting a new airworthiness directive (AD) for certain Bell Textron Inc. Model 204B, 205A, and 205A-1 helicopters and various restricted category helicopters. This AD was prompted by a report of cracked main rotor blades (MRBs). This AD requires repetitive inspections of each MRB and removing any cracked MRB from service. The FAA is issuing this AD to address the unsafe condition on these products.
Flight Attendant Duty Period Limitations and Rest Requirements
This action arises out of a statutory mandate in the FAA Reauthorization Act of 2018, which requires rulemaking to increase the minimum rest period for flight attendants in domestic, flag, and supplemental operations who are scheduled for a duty period of 14 hours or less. The statute also requires rulemaking to prohibit reduction of the rest period under any circumstances. Consistent with the statutory mandate, the FAA is amending its regulations to ensure that flight attendants scheduled to a duty period of 14 hours or less are given a scheduled rest period of at least 10 consecutive hours and that the rest period is not reduced under any circumstances.
Resolution of Federal Tax Controversies by the Independent Office of Appeals; Correction
This document contains a correction to a notice of proposed rulemaking and notice of public hearing (REG-125693-19) that were published in the Federal Register on Tuesday, September 13, 2022. The proposed regulations are related to the IRS Independent Office of Appeals' resolution of Federal tax controversies without litigation and related to requests for referral to that office following the issuance of a notice of deficiency to a taxpayer by the IRS.
Approval and Promulgation of Air Quality Implementation Plans; Michigan; Federal Implementation Plan for the Detroit Sulfur Dioxide Nonattainment Area
The Environmental Protection Agency (EPA) is promulgating a Federal Implementation Plan (FIP) for attaining the 2010 sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) for the Detroit SO2 nonattainment area. The FIP includes an attainment demonstration and other elements required under the Clean Air Act (CAA). In addition to an attainment demonstration, the FIP addresses the requirement for meeting reasonable further progress (RFP) toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology (RACM/RACT), enforceable emission limitations and control measures to provide for NAAQS attainment, and contingency measures. This action supplements a prior action which found that Michigan had satisfied emission inventory and nonattainment new source review (NSR) requirements for this area but had not met requirements for the elements addressed in the FIP. The FIP provides for attainment of the 2010 primary SO2 NAAQS in the Detroit SO2 nonattainment area and meets the other applicable requirements under the CAA.
Endangered and Threatened Wildlife and Plants; Finding for the Gopher Tortoise Eastern and Western Distinct Population Segments
We, the U.S. Fish and Wildlife Service (Service), announce findings on the status of the gopher tortoise (Gopherus polyphemus) rangewide and in the eastern (east of the Mobile and Tombigbee Rivers) and western (west of the Mobile and Tombigbee Rivers) portions of the range under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the gopher tortoise as an endangered or a threatened species rangewide is not warranted. We find that the gopher tortoise in the eastern portion of its range and the gopher tortoise in the western portion of its range meet the criteria of separate distinct population segments (DPS), as defined by our Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the Endangered Species Act. We determine the Eastern DPS of the gopher tortoise is not warranted for listing at this time. Further, we confirm that the Western DPS of the gopher tortoise meets the definition of a threatened species. Additionally, this notice serves as our completed 5-year review of the Western DPS of the gopher tortoise. We ask the public to submit to us any new information that becomes available concerning the threats to the gopher tortoise or its habitat at any time.
Targeting and Eliminating Unlawful Text Messages
In this document, the Federal Communications Commission (Commission) proposes to require mobile wireless providers to block texts, at the network level, that purport to be from invalid, unallocated, or unused numbers, and numbers on a Do-Not-Originate (DNO) list. The document also seeks comment on the extent to which spoofing is a problem with regard to text messaging and whether there are measures the Commission can take to encourage providers to identify and block texts that appear to come from spoofed numbers. In addition, the document seeks comment on applying caller ID authentication standards to text messaging.
Schedule for Rating Disabilities: The Hematologic and Lymphatic Systems; Correction
On October 29, 2018, the Department of Veterans Affairs (VA) published in the Federal Register a final rule that amended the portion of the VA Schedule for Rating Disabilities (``VASRD'' or ``rating schedule'') that addresses the hematologic and lymphatic systems. This correction addresses two typographical errors in the text of a 100- percent disability evaluation language under diagnostic code (DC) 7718, Essential Thrombocythemia and Primary Myelofibrosis, and Note (2) under DC 7718 in the published final rule.
International Trademark Classification Changes
The United States Patent and Trademark Office (USPTO) issues this final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), which is published by the World Intellectual Property Organization (WIPO), and will become effective on January 1, 2023.
Guidance Under Section 2053 Regarding Deduction for Interest Expense and Amounts Paid Under a Personal Guarantee, Certain Substantiation Requirements, and Applicability of Present Value Concepts; Hearing Cancellation
This document cancels a public hearing on proposed regulations providing guidance on the proper use of present-value principles in determining the amount deductible by an estate for funeral expenses, administration expenses, and certain claims against the estate.
Inert Ingredients in Pesticides for Organic Production
The Agricultural Marketing Service (AMS) is providing additional time for the public to submit comments and information about how to update the United States Department of Agriculture (USDA) organic regulations on inert ingredients in pesticides used in organic production. AMS seeks comments on alternatives to its existing regulations that would align with the Organic Foods Production Act of 1990 (OFPA) and the U.S. Environmental Protection Agency's (EPA) regulatory framework for inert ingredients. Information from public comments would inform AMS's approach to this topic, including any proposed revisions of the USDA organic regulations.
National Organic Program; Organic Livestock and Poultry Standards
On August 9, 2022, the Agricultural Marketing Service (AMS) published proposed amendments to the United States Department of Agriculture (USDA) organic regulations, with a 60-day comment period ending on October 11, 2022. The proposed rule would amend organic livestock and poultry production requirements. In response to multiple requests, AMS is announcing an extension of the public comment period by an additional 30 calendar days.
Airworthiness Directives; General Electric Company Turbofan Engines
The FAA is adopting a new airworthiness directive (AD) for certain General Electric Company (GE) CF34-8C and CF34-8E model turbofan engines. This AD was prompted by a report of a crack found on the low-pressure turbine (LPT) stage 5 disk at the forward arm area. This AD requires the removal of the affected LPT stage 5 disk and replacement with a part eligible for installation. The FAA is issuing this AD to address the unsafe condition on these products.
Notice of Public Meeting: Environmental Justice Considerations for the Development of the Proposed Lead and Copper Rule Improvements (LCRI)
The Environmental Protection Agency (EPA) is hosting two identical public meetings to discuss and solicit input on environmental justice considerations related to the development of the proposed Lead and Copper Rule Improvements (LCRI) national primary drinking water regulation (NPDWR) under the Safe Drinking Water Act (SDWA). In the context of developing this proposed regulation, environmental justice considerations include the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies with a particular focus on unique challenges faced by communities disproportionately burdened by environmental harms and risks. EPA is holding these meetings to share information and provide an opportunity for communities to offer input on environmental justice considerations for the development of the proposed LCRI. Information on how to register and request to speak during one of the meetings is detailed in the SUPPLEMENTARY INFORMATION section of this announcement.
Debit Card Interchange Fees and Routing
The Board of Governors is adopting a final rule that amends Regulation II to specify that the requirement that each debit card transaction must be able to be processed on at least two unaffiliated payment card networks applies to card-not-present transactions, clarify the requirement that debit card issuers ensure that at least two unaffiliated networks have been enabled to process a debit card transaction, and standardize and clarify the use of certain terminology.
Air Plan Approval; Colorado; Addressing Remanded Portions of the Previously Approved Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards
On January 5, 2021, the United States Court of Appeals for the Tenth Circuit granted the Environmental Protection Agency's (EPA) motion for a voluntary remand without vacatur of two parts of an EPA 2020 final rule approving Colorado's infrastructure state implementation plan (SIP) submission for the 2015 8-hour ozone national ambient air quality standards (NAAQS) (2020 final rule). In this document, EPA is taking final action to approve those two remanded parts of the 2020 final rule. First, EPA is finalizing our conclusion that Colorado's infrastructure SIP submission meets the State's good neighbor obligations under Clean Air Act (CAA) section 110(a)(2)(D)(i)(I). Lastly, EPA is also finalizing our conclusion that Colorado's infrastructure SIP submission provided ``necessary assurances'' of the State's authority to regulate agricultural sources under CAA section 110(a)(2)(E)(i). EPA is taking this action pursuant to the CAA.
Drug Offender's Driver's License Suspension
FHWA amends its regulation governing each State's certification of whether they choose to enact and enforce drug offender's driver's license requirements or choose to oppose enacting or enforcing the drug offender's driver's license requirement. The regulation applies to each State and specifies the steps that States must take to avoid the withholding of Federal-aid highway funds for noncompliance with the certification requirements. Highway Safety is the top priority of both DOT and FHWA. The changes that FHWA is making to the regulation will not negatively impact safety, efforts to combat substance abuse, or the substantive protections provided by the State certification requirements. Rather, they update the regulation to align with the wording of the relevant statute, increase clarity, and reduce administrative burden on States. Reducing fatalities and serious injuries will continue to be a top priority of the Department and FHWA.
Methoxyfenozide; Pesticide Tolerances
This regulation establishes tolerances for residues of methoxyfenozide in or on multiple crops detailed later in this document. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Airworthiness Directives; Airbus Helicopters
The FAA is superseding Airworthiness Directive (AD) 2021-10-10 for all Airbus Helicopters Model SA330J helicopters. AD 2021-10-10 required repetitively inspecting the main gearbox (MGB) particle detector and the MGB bottom housing (oil sump) for metal particles, analyzing any metal particles that are found, and replacing the MGB if necessary. Since the FAA issued AD 2021-10-10, additional review concluded that installing an improved planet gear assembly is necessary. This AD continues to require repetitively inspecting the MGB particle detector and the MGB bottom housing (oil sump) for metal particles, and analyzing any metal particles that are found, and also requires replacing the planet gear assembly and repetitively inspecting and establishing an airworthiness limitation for that assembly 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.
Amendment Class D and Class E Airspace; South Florida; Correction
The Federal Aviation Administration (FAA) is correcting a final rule that appeared in the Federal Register on September 8, 2021, amending airspace for several airports in the south Florida area. This action corrects the dividing line between Pompano Beach Airpark and Fort Lauderdale Executive Airport, by updating the geographic coordinates that define the line. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.
Update to Investigative and Enforcement Procedures and General Rulemaking Procedures; Technical Amendments
The FAA is making technical amendments to the Update to Investigative and Enforcement Procedures final rule, which was published on October 1, 2021. The final rule document inadvertently removed a delegation of authority from the Administrator for certificate actions. Also, the FAA is adding the Office of Management and Budget (OMB) control number for an information collection in the final rule.
Fisheries of the Exclusive Economic Zone off Alaska; Revisions to the Economic Data Reports Requirements; Amendment 52 to the Fishery Management Plan for the Commercial King and Tanner Crab Fisheries of the Bering Sea and Aleutian Islands
The North Pacific Fishery Management Council (Council) submitted Amendment 52 to the Fishery Management Plan for the Commercial King and Tanner Crab Fisheries of the Bering Sea and Aleutian Islands (Crab FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 52 would remove third-party data verification audits and blind formatting requirements for the Bering Sea and Aleutian Islands (BSAI) crab fisheries Economic Data Report (EDR). Amendment 52 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the Crab FMP, and other applicable laws.
Special Conditions: Aerospace Quality Research and Development, Textron Aviation Inc. Model 680A Latitude Airplane; Rechargeable Lithium Batteries and Battery Systems Installations
These special conditions are issued for the Textron Aviation Inc. (Textron) Model 680A Latitude airplane, as modified by Aerospace Quality Research and Development (AQRD). These airplanes 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 two rechargeable lithium batteries and battery system that will replace two nickel-cadmium batteries previously installed on the airplane. 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.
Air Plan Approval; North Carolina; Prevention of Significant Deterioration for Mecklenburg County
The Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) revision to the Mecklenburg County portion of the North Carolina SIP, hereinafter referred to as the Mecklenburg County Local Implementation Plan (LIP). The revision was submitted through the North Carolina Division of Air Quality (NCDAQ), on behalf of Mecklenburg County Air Quality (MCAQ), via a letter dated April 24, 2020, which was received by EPA on June 19, 2020. This SIP revision includes changes to Mecklenburg County Air Pollution Control Ordinance (MCAPCO) rules incorporated into the LIP regarding Prevention of Significant Deterioration (PSD) permitting to address changes to the Federal new source review (NSR) regulations in recent years. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Lassics Lupine and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), propose to list the Lassics lupine (Lupinus constancei), a plant species native to northern California, as an endangered species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Lassics lupine. After a review of the best available scientific and commercial information, we find that listing the species is warranted. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. We also propose to designate critical habitat for the Lassics lupine under the Act. In total, approximately 512 acres (ac) (207 hectares (ha)) in Humboldt and Trinity Counties, California, fall within the boundaries of the proposed critical habitat designation. In addition, we announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Lassics lupine.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Louisiana Pinesnake
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Louisiana pinesnake (Pituophis ruthveni) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 209,520 acres (84,790 hectares) in Bienville, Grant, Rapides, and Vernon parishes, Louisiana, and in Newton, Angelina, and Jasper Counties, Texas, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Louisiana pinesnake.
Incentives for Advanced Cybersecurity Investment; Cybersecurity Incentives
The Federal Energy Regulatory Commission (Commission) proposes to revise its regulations to provide incentive-based rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by utilities for the purpose of benefitting consumers by encouraging investments by utilities in advanced cybersecurity technology and participation by utilities in cybersecurity threat information sharing programs, as directed by the Infrastructure Investment and Jobs Act of 2021 (Infrastructure and Jobs Act). This notice of proposed rulemaking (NOPR) also terminates the NOPR proceeding in Docket No. RM21-3-000 (December 2020 Cybersecurity Incentives NOPR).
National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) at major sources from new and existing industrial, commercial, and institutional (ICI) boilers and process heaters. Certain aspects of these standards were challenged and subsequently remanded to the Agency by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). This action finalizes amendments to several numeric emission limits for new and existing boilers and process heaters consistent with the court's opinion and sets compliance dates for these new emission limits. This action also provides further explanation of one aspect of the Agency's use of carbon monoxide (CO) as a surrogate for organic hazardous air pollutants (HAP) and its use of a CO threshold to represent the application of the maximum achievable control technology (MACT) for organic HAP. We are also finalizing several technical clarifications and corrections.
Energy Conservation Program: Energy Conservation Standards for Metal Halide Lamp Fixtures
The U.S. Department of Energy (``DOE'') is initiating an effort to determine whether to amend the current energy conservation standards for metal halide lamp fixtures (``MHLF''). On October 25, 2021, DOE published a final determination concluding that energy conservation standards for MHLFs do not need to be amended because they are not economically justified. No later than 3 years after such a determination, under the Energy Policy and Conservation Act, as amended, DOE must periodically review these standards and publish either a notice of proposed rulemaking (``NOPR'') to propose new standards for MHLFs or a notification of determination that the existing standards do not need to be amended. This request for information (``RFI'') solicits information from the public to help DOE determine whether amended standards for MHLFs would result in significant energy savings and whether such standards would be technologically feasible and economically justified. As part of this RFI, DOE seeks comment on technological and market changes since the most recent standards update to consider in its evaluation of more stringent standards. DOE also welcomes written comments from the public on any subject within the scope of this document (including those topics not specifically raised), as well as the submission of data and other relevant information.
Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD- 500-1A11 airplanes. This proposed AD was prompted by a report of a thrust reverser actuation system (TRAS) deploy hose failure upon the commanded deployment of a thrust reverser. This proposed AD would require removing each non-conforming TRAS deploy hose, and replacing it with a conforming TRAS deploy hose, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Amendment of the Class D and Class E Airspace and Establishment of Class E Airspace; Niagara Falls and Buffalo, NY
This action amends the Class D airspace and Class E airspace at Niagara Falls International Airport, Niagara Falls, NY, and amends and establishes Class E airspace extending upward from 700 feet above the surface at Buffalo, NY. This action is the result of airspace reviews conducted to support new instrument procedures being implemented at Buffalo-Lancaster Regional Airport, Lancaster, NY. The names and geographic coordinates of airports and navigational aids are also being updated to coincide with the FAA's aeronautical database.
Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX
The Coast Guard proposes to extend the effective period of the temporary safety zone on the upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX. This action is necessary to provide protection to the levee protection wall located at the north end of the turning basin until permanent repairs can be effected. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Marine Safety Unit Port Arthur or a designated representative. We invite your comments on this proposed rulemaking.
Enterprise Duty To Serve Underserved Markets Amendments
The Federal Housing Finance Agency (FHFA or Agency) is proposing to amend its Enterprise Duty to Serve Underserved Markets regulation to add a definition of ``colonia census tract,'' which would serve as a census tract-based proxy for a ``colonia,'' and to amend the definition of ``high-needs rural region'' in the regulation by substituting ``colonia census tract'' for ``colonia.'' The proposed rule would also revise the definition of ``rural area'' in the regulation to include all colonia census tracts regardless of their location. These changes would make activities by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises) in all colonia census tracts eligible for Duty to Serve credit. The intent of the changes is to facilitate the Enterprises' ability to operationalize their Duty to Serve activities and thereby help increase liquidity in these underserved communities.
Airworthiness Directives; The Boeing Company Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-8 and 737-9 airplanes, and certain Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by reports of damage to the auxiliary power unit (APU) fuel line shroud located in the aft cargo area; investigation revealed that the placement of the pressure switch wire clamp assembly and its fastener allowed interference of the fastener against the APU fuel line shroud. This proposed AD would require inspecting the APU fuel line shroud for damage, inspecting the pressure switch wire clamp for correct bolt orientation and horizontal distance from the APU fuel line shroud, and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.
Finding of Failure To Attain the Primary 2010 One-Hour Sulfur Dioxide Standard for the St. Bernard Parish, Louisiana Nonattainment Area
The Environmental Protection Agency (EPA) is making a determination that the St. Bernard Parish sulfur dioxide (SO2) nonattainment area (``St. Bernard area'' or ``area'') failed to attain the primary 2010 one-hour SO2 national ambient air quality standard (NAAQS) under the Clean Air Act (CAA or the Act) by the applicable attainment date of October 4, 2018. This determination is based upon consideration of and review of all relevant and available information for the St. Bernard area leading up to the area's attainment date of October 4, 2018, including emissions and monitoring data, compliance records for the area's primary SO2 source, the Rain CII Carbon, LLC (Rain) facility, and air quality dispersion modeling based on the allowable limits.
Air Plan Approval; Louisiana; Repeal of Excess Emissions Related Provisions
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submitted by the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), on November 20, 2016. The submittal is in response to the EPA's national SIP call on June 12, 2015, concerning excess emissions during periods of Startup, Shutdown, and Malfunction (SSM). EPA is approving the SIP submittal and finds that the SIP revision corrects certain deficiencies identified in the June 12, 2015, SIP call.
Financial Market Utilities
The Board of Governors of the Federal Reserve System (Board) is proposing to amend the requirements relating to operational risk management in the Board's Regulation HH, which applies to certain financial market utilities that have been designated as systemically important (designated FMUs) by the Financial Stability Oversight Council (FSOC) under Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act or Act). The proposal would update, refine, and add specificity to the operational risk management requirements in Regulation HH to reflect changes in the operational risk, technology, and regulatory landscapes in which designated FMUs operate since the Board last amended this regulation in 2014. The proposal would also adopt specific incident-notification requirements.
Subordinated Debt
The NCUA Board (Board) is proposing to amend the Subordinated Debt rule (the Current Rule), which the Board finalized in December 2020 with an effective date of January 1, 2022. This proposal would make two changes related to the maturity of Subordinated Debt Notes (Notes) and Grandfathered Secondary Capital (GSC). Specifically, this proposal would replace the maximum maturity of Notes with a requirement that any credit union seeking to issue Notes with maturities longer than 20 years to demonstrate how such instruments would continue to be considered ``debt.'' This proposed rule would also extend the Regulatory Capital treatment of GSC to the later of 30 years from the date of issuance or January 1, 2052. This proposed extension would align the Regulatory Capital treatment of GSC with the maximum permissible maturity for any secondary capital issued to the United States Government or one of its subdivisions (U.S. Government), under an application approved before January 1, 2022. This proposed change would benefit eligible low-income credit unions (LICUs) that are either participating in the U.S. Department of the Treasury's (Treasury) Emergency Capital Investment Program (ECIP) or other programs administered by the U.S. Government. This change would also cohere the requirements in the Current Rule related to maturities and Regulatory Capital treatment of Notes and the Regulatory Capital treatment of GSC, while continuing to ensure that credit unions are operating within their statutory authority. The Board is making four other, minor modifications to the Current Rule to make it more user-friendly and flexible. Specifically, the Board is proposing to amend the definition of ``Qualified Counsel'' to clarify that such person(s) is not required to be licensed to practice law in every jurisdiction that may relate to an issuance. The Board is also proposing to amend two sections of the Current Rule to remove the ``statement of cash flow'' from the Pro Forma Financial Statements requirement and replace it with a requirement for ``cash flow projections.'' This change would better align the requirements of the Current Rule with the customary way credit unions develop Pro Forma Financial Statements and ``cash flow projections.'' Next, the Board is proposing to revise the section of the Current Rule on filing requirements and inspection of documents. This proposed changed would align this section of the Current Rule with current agency procedures. Finally, the Board is proposing to remove a parenthetical reference related to GSC that no longer counts as Regulatory Capital. This change would align the rule with recent changes made to the Call Report.
Prohibition on Inclusion of Adverse Information in Consumer Reporting in Cases of Human Trafficking (Regulation V); Correction
On June 24, 2022, the Consumer Financial Protection Bureau (Bureau or CFPB) published the ``Prohibition on Inclusion of Adverse Information in Consumer Reporting in Cases of Human Trafficking (Regulation V)'' final rule (Human Trafficking Final Rule) in the Federal Register. The SUPPLEMENTARY INFORMATION in the Human Trafficking Final Rule contained a formatting error in footnote 51. This document corrects this error.
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