2022 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is finalizing the approval of changes to the Tennessee State Implementation Plan (SIP) and the Tennessee title V operating permit program (title V) submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Division of Air Pollution Control on March 23, 2021, and supplemented on July 1, 2022. These changes address the public notice rule provisions for the New Source Review (NSR) and title V programs of the Clean Air Act (CAA or Act) by providing for electronic notice (e-notice) and removing the mandatory requirement to provide public notice of a draft air permit in a printed newspaper. EPA is approving these changes as they are consistent with the CAA and implementing federal regulations.

The Coast Guard is establishing a temporary safety zone on certain navigable waters of the Atlantic Ocean and adjoining waterways, surrounding Key West, Florida, during the 25th Annual Key West Paddle Classic event. The safety zone is necessary to ensure the safety of event participants and spectators. Persons and non-participant vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Key West or a designated representative.

NMFS adjusts the 2022 Winter II commercial scup quota and per- trip Federal landing limit. This action is necessary to comply with regulations implementing Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan that established the rollover of unused commercial scup quota from the Winter I to Winter II period. This notification is intended to inform the public of this quota and trip limit change.

The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate Change, Article 4, Subarticle 13: Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (Oil and Gas Methane Rule) into the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from crude oil and natural gas facilities. Under the authority of the Clean Air Act (CAA or the Act), this action simultaneously approves a state rule that regulates these emission sources and identifies deficiencies with the rule that must be corrected for the EPA to grant full approval of the rule. We are also finalizing disapprovals of the reasonably available control technology (RACT) demonstrations for the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS) for sources covered by the EPA's 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry (Oil and Gas CTG) for the Sacramento Metropolitan Air Quality Management District (SMAQMD), San Joaquin Valley Air Pollution Control District (SJVAPCD), South Coast Air Quality Management District (SCAQMD), Ventura County Air Pollution Control District (VCAPCD), and the Yolo-Solano Air Quality Management District (YSAQMD).

ONRR proposes to amend its regulations to allow ONRR and other authorized Department of the Interior (``Department'') representatives the option to require that an auditee use electronic means to provide records requested during an audit of an auditee's royalty reporting and payment.

In this document, the Federal Communications Commission (Commission or FCC) takes steps to improve the reliability and resiliency of commercial wireless networks by codifying key provisions of the 2016 Wireless Resiliency Cooperative Framework (Framework). The Commission mandates key provisions of the Framework for all facilities- based wireless providers, expands the conditions that trigger its activation, adopts testing and reporting requirements, and codifies these modifications in a new ``Mandatory Disaster Response Initiative'' (MDRI).

This regulation establishes tolerances for residues of propamocarb in or on onion, bulb, crop subgroup 3-07A; leek; and kale. Bayer Crop Science LP requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This rulemaking proposes to add the Omega net mesh measurement gauge as a permissible device for net mesh measurement and correct regulatory references to gear restrictions. This action is required to allow the use of the Omega gauge as another method for measuring and enforcing net mesh size. Adoption of the Omega gauge, a handheld electronic device, is intended to improve the efficiency, safety, and cost-effectiveness of enforcement boardings at-sea.

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose the following revisions to regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The purpose of these revisions is to increase the efficiency and effectiveness of permitting, facilitate and improve compliance, and increase the conservation benefit for eagles. In addition to continuing to authorize specific permits, we propose the creation of general permits for certain activities under prescribed conditions. We propose a general permit option for qualifying wind-energy generation projects, power line infrastructure, activities that may disturb breeding bald eagles, and bald eagle nest take. We propose to remove the current third-party monitoring requirement from eagle incidental take permits. We also propose to update current permit fees and clarify definitions.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330- 800, A330-900, A340-200, A340-300, A340-500, and A340-600 series airplanes. This proposed AD was prompted by a report that an A319 airplane lost the right-hand front windshield in flight. Due to the design similarity, this condition can also exist or develop on Model A330 and A340 airplanes. This proposed AD would require repetitive detailed inspections (DET) and electrical test measurements (ETM) of the affected parts and applicable corrective action, and would prohibit the installation of affected parts under certain conditions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.

In this document, the Wireline Competition Bureau (Bureau) reminds Recipients in the Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program) of their obligation to file status updates with the Federal Communications Commission (Commission or FCC) every 90 days, beginning on the date on which the Bureau approved Recipients' applications, until the obligation to file expires. Because Recipients' applications were approved on July 15, 2022, all initial status updates are due on October 13, 2022.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Indiana particulate matter State Implementation Plan (SIP) for the Vertellus Agriculture and Nutrition Specialties, LLC (Vertellus) facility located in Indianapolis, Marion County. Indiana submitted a request to revise its particulate matter SIP to incorporate site-specific updates to the particulate matter emission limits for Vertellus. The updates reflect revised emission rates for particulate matter resulting from process changes related to control strategies for other pollutants. The SIP submission requests also remove units no longer in operation as well as update language to reflect a switch from petroleum oil to natural gas for certain units. These site-specific SIP submissions represent a decrease in overall particulate matter emissions. Therefore, EPA is proposing to approve them as SIP-strengthening measures.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the West 79th Street Bridge crossing the Atlantic Intracoastal Waterway (AICW), mile 1084.6 at Miami, Florida, and the East 79th Street Bridge crossing Miami Beach Channel, mile 2.20 at Miami Beach, Florida. North Bay Village requested the Coast Guard consider placing additional weekday restrictions during rush hour on both drawbridges to assist with alleviating vehicle congestion. This deviation will test a proposed change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes.

The Coast Guard is establishing a temporary safety zone for navigable waters of Mutiny Bay, Whidbey Island, Washington. The temporary safety zone encompasses all waters within a 1000-yard radius of a barge anchored in Mutiny Bay. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associate with operations to recover a downed aircraft in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Puget Sound (COTP).

FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. The Agency also makes nondiscretionary, ministerial changes that merely align regulatory requirements with the underlying statutory authority, including the Infrastructure Improvement and Jobs Act (IIJA), sometimes referred to as the Bipartisan Infrastructure Law, requirements. Additionally, the Agency makes changes relating to agency management and to FMCSA's rules of organization, procedures, or practice.

The U.S. Small Business Administration (``SBA'' or ``Agency'') amends its small business size regulations to incorporate the U.S. Office of Management and Budget's (OMB) North American Industry Classification System (NAICS) revision for 2022, identified as NAICS 2022, into its table of small business size standards. The NAICS 2022 revision created 111 new industries by reclassifying, combining, or splitting 156 NAICS 2017 industries or their parts. SBA's size standards for these 111 new industries under NAICS 2022 have resulted in an increase to the size standards for 22 industries and 29 parts of two industries under NAICS 2017, a decrease to size standards for seven industries and 53 parts of two industries, a change in the size standard measure from average annual receipts to number of employees for one industry, a change in the size standard measure from number of employees to average annual receipts for a part of one industry, and no change in size standards for 117 industries and 19 parts of seven industries.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is adopting a final rule amending the Western Balkans Stabilization Regulations and reissuing them in their entirety to further implement a June 26, 2001 Executive order and a May 28, 2003 Executive order related to the Western Balkans, and to implement a June 8, 2021 Western Balkans-related Executive order. This final rule replaces the regulations that were amended and reissued on June 29, 2011, and includes additional interpretive guidance and definitions, general licenses, and other regulatory provisions that will provide further guidance to the public. Due to the number of regulatory sections being updated or added, OFAC is reissuing the Western Balkans Stabilization Regulations in their entirety.

The Food and Drug Administration (FDA or we) is proposing to update the definition for the implied nutrient content claim ``healthy'' to be consistent with current nutrition science and Federal dietary guidance, especially the Dietary Guidelines for Americans (Dietary Guidelines), regarding how consumers can maintain healthy dietary practices. This action, if finalized, will revise the requirements for when the term ``healthy'' can be used as an implied claim in the labeling of human food products to indicate that a food's level of nutrients may help consumers maintain healthy dietary practices by helping them achieve a total diet that conforms to dietary recommendations.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the requirement for offerors to represent whether former DoD officials employed by the offeror are in compliance with post-employment restrictions.

The Environmental Protection Agency (EPA) is taking final action to find that the State of California has failed to submit State Implementation Plan (SIP) revisions to satisfy the contingency measures requirements of the Clean Air Act (CAA) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards'') for both the Riverside County (Coachella Valley), California (``Coachella Valley'') and Los Angeles-San Bernardino Counties (West Mojave Desert), California (``West Mojave Desert'') nonattainment areas. Under the CAA and the EPA's implementing regulations, by July 20, 2016, California was required to submit, among other SIP revisions, contingency measures for the Coachella Valley and West Mojave Desert nonattainment areas to be triggered if the areas fail to attain or fail to meet reasonable further progress (RFP). The State submitted the required SIP revisions, but subsequently withdrew the contingency measures portion. This finding establishes a 2-year deadline for the EPA to promulgate Federal Implementation Plans (FIPs) to address the contingency measure requirements for these areas, unless, prior to the EPA promulgating FIPs, California submits, and the EPA approves, SIP revisions that meet these requirements. The CAA also provides for the imposition of sanctions if California does not submit the required SIP revisions within timeframes specified by the CAA.

The Coast Guard will enforce the safety zone for the Rio Vista Bass Derby Fireworks Display in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM) or other Federal, State, or local law enforcement agencies on scene to assist the Coast Guard in enforcing the regulated area.

The Coast Guard is establishing a security zone in the navigable waters of the San Francisco Bay near Yerba Buena Island within the San Francisco Captain of the Port (COTP) zone. This security zone is necessary to provide for the security of military service members onboard vessels moored at the pier and the government property associated with these valuable national assets. This regulation will prohibit the entry of, transiting through, or anchoring within a portion of the San Francisco Bay extending from Yerba Buena Island unless specifically authorized by the Captain of the Port San Francisco.

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs). The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination.

The final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the 2022 BE-12, Benchmark Survey of Foreign Direct Investment in the United States. The BE-12 survey is conducted every five years; the prior survey covered 2017. The benchmark survey covers the universe of foreign direct investment in the United States and is BEA's most detailed survey of such investment. For the 2022 BE-12 survey, BEA will make changes in data items collected, the design of the survey forms, and the reporting requirements for the survey to satisfy changing data needs and to improve data quality and the effectiveness and efficiency of data collection.