2022 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA, Agency, or we) is issuing a final rule amending its public information regulations. The final rule revises the current regulations to incorporate changes made to the Freedom of Information Act (FOIA) by the Openness Promotes Effectiveness in our National Government Act of 2007 (OPEN Government Act) and the FOIA Improvement Act of 2016 (FOIA Improvement Act). Additionally, the final rule updates the current regulations to reflect changes to the organizational structure of FDA, to make the FOIA process easier for the public to navigate, and to make provisions clearer.

The Coast Guard will enforce the special local regulation on the waters of Mission Bay, CA, during the San Diego Bayfair on September 16, 2022, through September 18, 2022. This special local regulation is necessary to provide for the safety of the participants, crew, sponsor vessels of the event, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

The Environmental Protection Agency (EPA) is approving three elements of a State Implementation Plan (SIP) revision, which was submitted by the State of Rhode Island on December 6, 2017. This revision addressed the infrastructure requirements of the Clean Air Act (CAA or the Act) for the 2012 annual fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). On May 31, 2022, EPA approved much of the submission, but did not act on three elements related to the infrastructure requirement to have a comprehensive Prevention of Significant Deterioration (PSD) program. In today's action, EPA is approving the three remaining elements of the state's December 2017 infrastructure SIP submittal based on a previous EPA approval of Rhode Island's Air Pollution Control Regulation (APCR) No. 9. This action is being taken in accordance with the Clean Air Act.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2022 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA.

HHS proposes to exempt certain records in an existing system of records maintained by OCSE within ACF from the accounting, access, and amendment requirements of the Privacy Act. The affected system of records is OCSE Federal Case Registry of Child Support Orders, HHS/ACF/ OCSE, System No. 09-80-0385. Only case files marked with the Family Violence Indicator (FVI) are proposed to be exempted, to align with a restriction in the Social Security Act which prohibits disclosure of case files marked with the FVI to anyone other than a court or agent of a court, to avoid harm to the custodial parent or the child of such parent. Elsewhere in this issue of the Federal Register, HHS/ACF has published an updated system of records notice (SORN) for system 09-80- 0385 for public notice and comment.

The Office of Labor-Management Standards of the Department of Labor (Department) is proposing revisions to the Form LM-10 Employer Report, required under section 203 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). Employers must file a Form LM-10 Employer Report with the Department to disclose certain payments, expenditures, agreements, and arrangements. The Department proposes to add to the Form LM-10 report a checkbox requiring certain reporting entities to indicate whether such entities were Federal contractors or subcontractors in their prior fiscal year, and two lines for entry of filers' Unique Entity Identifier and Federal contracting agency(ies), if applicable.

The National Highway Traffic Safety Administration (NHTSA) is proposing minor technical amendments to the test procedures for heavy- duty engines and vehicles to improve accuracy and reduce testing burden. These amendments affect the certification procedures for fuel efficiency standards and related requirements. These proposed amendments increase compliance flexibility, harmonize with other requirements, add clarity, correct errors, and streamline the regulations. Given the nature of the proposed changes, NHTSA does not expect either significant environmental impacts or significant economic impacts for any sector.

This action proposes to amend VHF Omnidirectional Range (VOR) Federal airways V-6, V-10, V-30, V-100, and V-233 in the vicinity of Litchfield, MI. The airway modifications are necessary due to the planned decommissioning of the VOR portion of the Litchfield, MI, VOR/Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID). The Litchfield VOR/DME NAVAID provides navigational guidance for portions of the affected VOR Federal airways listed above and is planned to be decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The Bureau of Industry and Security (BIS), Department of Commerce, maintains controls on the export, reexport and transfer (in- country) of dual-use items and less sensitive military items pursuant to the Export Administration Regulations (EAR), including the Commerce Control List (CCL). Certain instruments for the automated synthesis of peptides (automated peptide synthesizers) have been identified by BIS for evaluation according to the criteria in section 1758 of the Export Control Reform Act of 2018 (ECRA) pertaining to emerging and foundational technologies. BIS is seeking public comments on the potential uses of this technology, particularly with respect to its impact on U.S. national security (e.g., whether such technology could provide the United States, or any of its adversaries, with a qualitative military or intelligence advantage). This advance notice of proposed rulemaking also requests public comments on how to ensure that the scope of any controls that may be imposed on this technology would be effective (in terms of protecting U.S. national security interests) and appropriate (with respect to minimizing their potential impact on legitimate commercial or scientific applications).

For noncompliance with the remote identification production requirements applicable to unmanned aircraft, which occurs on or before December 16, 2022, the FAA will consider all circumstances, in particular, the delay in the FAA's acceptance of a means of compliance, when exercising its discretion whether to take enforcement action.

The Environmental Protection Agency (EPA or the Agency) is disapproving State Implementation Plan (SIP) submissions from New York and New Jersey addressing interstate transport for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The ``good neighbor'' or ``interstate transport'' provision of the Clean Air Act (CAA) requires that each state's SIP contain adequate provisions to prohibit emissions from within the state from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in other states. This requirement is part of the broader ``infrastructure'' requirements, which are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

This proposed rule would modify existing limits on fishing effort by U.S. purse seine vessels in the U.S. exclusive economic zone (EEZ) and on the high seas between the latitudes of 20[deg] N and 20[deg] S, in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). In addition, this proposed rule would adjust the 2022 bigeye tuna catch limit in the area of application of the Convention (Convention Area) for U.S. longline commercial fishing vessels to 3,358 metric tons (mt), due to an overage of the 2021 catch limit. The proposed rule would clarify that adjustments to the purse seine fishing effort limits or longline bigeye tuna catch limits could occur each year, due to any overage of the prior year's limit. This proposed rule would also modify the following: the process for closing the fishery once NMFS expects the effort limits will be reached; the process for obtaining daily purse seine fishing effort reports; and the process for adjusting established annual catch and effort limits in the Convention Area. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention, to which it is a Contracting Party. NMFS is seeking comments on this proposed rule and will respond to those comments in a subsequent final rule.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N, and A321-253NX airplanes. This proposed AD was prompted by a stress analysis on the engine structure that indicated that the fail- safe lug may not be able to sustain, during one inspection interval as currently specified in an airworthiness limitations item, the loads deriving from the engagement of the secondary load path within that inspection interval for the aft engine mount system. This proposed AD would require repetitive detailed inspections of the aft engine mount and secondary load path clearance fail-safe pin and replacement of the engine if necessary, 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.

The U.S. Nuclear Regulatory Commission (NRC), in consultation with the U.S. Department of Transportation, is proposing to amend its regulations for the packaging and transportation of radioactive material. The NRC has historically revised its transportation safety regulations to ensure harmonization with the International Atomic Energy Agency standards. These changes are necessary to maintain a consistent regulatory framework with the U.S. Department of Transportation for the domestic packaging and transportation of radioactive material and to ensure general accord with International Atomic Energy Agency standards. Concurrently, the NRC is issuing for public comment Draft Regulatory Guide DG-7011, which would become Revision 3 to Regulatory Guide 7.9, ``Standard Format and Content of Part 71 Applications for Approval of Packages for Radioactive Material.''

The Coast Guard is establishing a temporary special local regulation for navigable waters on the Tennessee River. The special local regulation is needed to protect the participants of the Shoals Scholar Dollar Dragon Boat Festival. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley.

The U.S. General Services Administration (GSA) is amending the Federal Travel Regulation (FTR) by adding definitions to the Glossary of Terms; adopting recommendations from agencies and the Senior Travel Official Council to simplify the FTR; consolidating duplicative regulations pertaining to the use of common carrier transportation accommodations; introducing premium economy airline accommodations as a class of service and creating management controls related to the use thereof; removing an outdated exception to use of a Contract City Pair fare; sequencing common carrier regulations in a more logical order; and making miscellaneous editorial corrections.

The Coast Guard is establishing a temporary safety zone for certain waters of Betsie Lake in Frankfort, MI. This action is necessary to provide for the safety of life on these navigable waters during the swim portion of an Ironman event on September 11, 2022. This rulemaking would restrict usage by persons and vessels within the safety zone. At no time during the effective period may vessels transit the waters of Betsie Lake in the vicinity of a triangular shaped race course enclosed by the following three coordinates: 44[deg]37.80' N, - 086[deg]13.91' W to 44[deg]37.81' N, -086[deg]14.22' W to 44[deg]37.58' N, -086[deg]13.75' W, then back to the starting point. The race course will be marked by buoys. These restrictions apply to all perons and vessels during the effective period unless authorized by the Captain of the Port Lake Michigan or a designated representative.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) and Operating Permit Program for the State of Iowa. This final action will amend the SIP to update incorporations by reference to EPA methods for measuring air pollutant emissions, performance testing (stack testing) and continuous monitoring. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

The Department of Veterans Affairs (VA) amends its medical regulations to remove the exclusion on abortion counseling and establish exceptions to the exclusion on abortions in the medical benefits package for veterans who receive care set forth in that package, and to remove the exclusion on abortion counseling and expand the exceptions to the exclusion on abortions for Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) beneficiaries.

The Corporation for National and Community Service (operating as AmeriCorps) is finalizing updates to its regulations for processing requests for records under the Freedom of Information Act (FOIA) to reflect changes made in the FOIA Improvement Act of 2016 and to make the regulations more user friendly through plain language.

The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add two sites to the General Superfund section of the NPL. This document also withdraws a previous proposal for NPL addition.

The DoD is finalizing updates to this rule resulting from changes from the National Defense Authorization Act (NDAA) for Fiscal Years (FY) 2017 and 2020 as well as DoD policy updates. These changes include administrative updates and clarifications to private security contractors (PSCs) performing duties while under contract to DoD in support of a contingency operations, humanitarian or peace operations, or other military operations or exercises.

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to authorize the release of specified items subject to the EAR without a license when that release occurs in the context of a ``standards- related activity,'' as defined in this rule. BIS is revising the terms used in the EAR to describe the actions permissible under the authorization rather than defining the organizations to which it applies. The scope of the authorization is revised to include certain ``technology'' as well as ``software'' and applies to all entities listed on BIS's Entity List. The uncertainty of not knowing whether other entities listed on the Entity List are participants in standards organizations and whether a BIS license is required to release low- level technology for legitimate standards activities has caused U.S. companies to limit their participation in standards-related activities in areas that are critical to U.S. national security. This authorization only overcomes licensing requirements imposed as a result of an entity's inclusion on the Entity List; other EAR licensing requirements, including additional end-use or end-user based licensing requirements may continue to apply. This final rule does not change the assessment of whether ``technology'' or ``software'' is subject to the EAR. BIS is making these revisions to ensure that export controls and associated compliance concerns as they relate to the Entity List do not impede the leadership and participation of U.S. companies in national and international standards-related activities

The FAA proposes to adopt a new airworthiness directive (AD) for certain General Electric Company (GE) GEnx-1B and GEnx-2B model turbofan engines. This proposed AD was prompted by a manufacturer investigation that revealed that certain high-pressure turbine (HPT) stage 2 disks, forward seals, and stages 6-10 compressor rotor spools were manufactured from powder metal material suspected to contain iron inclusion. This proposed AD would require the replacement of the affected HPT stage 2 disks, forward seals, and stages 6-10 compressor rotor spools. The FAA is proposing this AD to address the unsafe condition on these products.

This proposed rule would adjust quotas and retention limits and establish the opening date for the 2023 fishing year for the Atlantic commercial shark fisheries. Quotas would be adjusted as required or allowable based on any underharvests from the 2022 fishing year. NMFS proposes the opening date and commercial retention limits to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.