2022 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is revising certain administrative deadlines under seven allowance trading programs for emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX).

This document includes final rules under the No Surprises Act, which was enacted as part of the Consolidated Appropriations Act, 2021 (CAA). The document finalizes certain disclosure requirements relating to information that group health plans, and health insurance issuers offering group or individual health insurance coverage, must share about the qualifying payment amount (QPA) under the interim final rules issued in July 2021, titled Requirements Related to Surprise Billing; Part I (July 2021 interim final rules). Additionally, this document finalizes select provisions under the October 2021 interim final rules, titled Requirements Related to Surprise Billing; Part II (October 2021 interim final rules), to address certain requirements related to consideration of information when a certified independent dispute resolution (IDR) entity makes a payment determination under the Federal IDR process.

This rule implements a recommendation from the Avocado Administrative Committee to increase the assessment rate established for the 2022-23 and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Coast Guard is establishing a temporary safety zone for navigable waters directly surrounding the northern half of the I-75 Bridge over the Maumee River. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by demolition of the bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit.

The Department of Justice (``Department'' or ``DOJ'') is correcting a final rule that was published in the Federal Register on August 2, 2022, with an effective date of September 2, 2022. The final rule revised the Justice Acquisition Regulations (``JAR'') in its entirety in order to update and streamline agency procurement actions consistent with the Federal Acquisition Reform Act and the Federal Acquisition Streamlining Act. The text of the final rule contained minor administrative errors. This document corrects the indicated portions of the final rule published on August 2, 2022, which otherwise remains the same as previously published.

The FAA is superseding Airworthiness Directive (AD) 2002-14- 28, which applied to all de Havilland Inc. (type certificate currently held by Viking Air Limited) Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. AD 2002-14-28 established a life limit for the front fuselage struts and required repetitively replacing the front fuselage struts every 15 years or repetitively inspecting the struts for corrosion or fatigue damage and replacing when the damage exceeded a certain level. Since the FAA issued AD 2002-14-28, Transport Canada superseded its mandatory continuing airworthiness information (MCAI) to correct this unsafe condition on these products. This AD requires either doing recurring visual inspections, borescope inspections, and non-destructive inspections (NDIs) of the struts and airframe lugs with corrective action as necessary or replacing the struts every 15 years and doing recurring NDIs of the airframe lugs with corrective action as necessary. The FAA is issuing this AD to address the unsafe condition on these products.

DoD is making a needed technical amendment to update the Defense Federal Acquisition Regulation Supplement (DFARS).

This action amends Class E airspace extending upward from 700 feet above the surface at Harnett Regional Jetport, Erwin, NC, by updating the airport's name and geographic coordinates. This action also eliminates the Harnett non-directional beacon from the airspace description, as an airspace evaluation found it unnecessary. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The Coast Guard will enforce a special local regulation for the Swim Around Charleston on September 18, 2022, to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Captain of the Port Charleston identifies the regulated area for this event in Charleston, SC. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Captain of the Port Charleston or a designated representative.

This action amends Class E surface airspace and Class E airspace extending upward from 700 feet above the surface at Bacon County Airport, Alma, GA, due to the decommissioning of the Alma Very High Frequency Omnidirectional Range Tactical Air Navigation (VORTAC) and cancellation of associated approaches, as well as updating the airport's geographic coordinates. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act that requires a disclosure from entities that employ one or more individuals who will perform work in the People's Republic of China.

DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that prohibits acquisition of tantalum metals and alloys from North Korea, China, Russia, and Iran.

NMFS is prohibiting retention of ``other rockfish'' in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2022 ``other rockfish'' total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI has been reached.

The FAA is superseding Airworthiness Directive (AD) 2021-16- 07, which applied to certain Airbus Defense and Space S.A. Model C-212- CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, C-212-DE, and C-212-DF airplanes. AD 2021-16-07 required repetitive inspections of the left- hand (LH) and right-hand (RH) side center wing fairings at a certain frame, around the wing leading edge for discrepancies (cracks), and repair if necessary. This AD was prompted by a modification developed to reinforce the structure in the affected area, providing an optional terminating action for the repetitive inspections required by AD 2021- 16-07. This AD continues to require the actions in AD 2021-16-07 and allows new optional terminating action for the repetitive inspections, 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.

This action proposes to amend the Class E airspace at Independence and Pittsburg, KS. The FAA is proposing this action as the result of an airspace review as part of the decommissioning of the Oswego very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. The geographic coordinates of the airports would also be updated to coincide with the FAA's aeronautical database.

The Food and Nutrition Service (FNS) is correcting a final rule with request for comments that appeared in the Federal Register on February 7, 2022 and went into effect in the Code of Federal Regulations (CFR) on July 1, 2022. The rule established Child Nutrition Program transitional standards for milk, whole grains, and sodium for school years 2022-23 and 2023-24.

The Coast Guard is establishing a temporary safety zone for navigable waters within a 1000-yard radius of Sunset Point on San Juan Island, WA. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the emergency response efforts and the product recovery of a sunken vessel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound.

The Coast Guard will enforce the Delaware River, Philadelphia, PA; Safety Zone from 8:45 p.m. through 9:45 p.m. on September 4, 2022 to provide for the safety of life on navigable waterways during the Rivers Casino Philadelphia fireworks display. Our regulation for fireworks displays in the Fifth Coast Guard District identifies the regulated area for this event in Philadelphia, PA. During the enforcement period, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.

We, the U.S. Fish and Wildlife Service (Service), are removing the plant Adiantum vivesii (no common name) from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data indicating that Adiantum vivesii is not a distinct species, but rather a sterile hybrid that does not have the capacity to establish a lineage that could be lost to extinction. Here, we have determined that Adiantum vivesii is not a discrete taxonomic entity and does not meet the definition of a species as defined under the Act, and that its original listing was based on data or interpretations of data that were in error; therefore, we are delisting it.

We, the U.S. Fish and Wildlife Service (Service), are removing the Braken Bat Cave meshweaver (Cicurina venii), an arachnid, from the Federal List of Endangered and Threatened Wildlife (i.e., ``delisting'' the species) under the Endangered Species Act of 1973, as amended (Act), because of a taxonomic revision. This determination is based on our evaluation of the best available scientific and commercial information, which indicates that the Braken Bat Cave meshweaver is not a discrete taxonomic entity and does not meet the definition of a species as defined under the Act. The reason it does not meet the definition of a species is that the original data for classification of the Braken Bat Cave meshweaver when it was listed was in error. Braken Bat Cave meshweaver has been synonymized with Madla Cave meshweaver (Cicurina madla). Therefore, due to a taxonomic revision, Braken Bat Cave meshweaver is no longer a scientifically accepted species and cannot be listed under the Act. However, because individuals previously identified as Braken Bat Cave meshweaver have been synonymized under Madla Cave meshweaver, their status and protections under the Act remain the same because the Madla Cave meshweaver is listed as endangered under the Act.

The Department of Commerce is amending the Export Administration Regulations (EAR) by adding seven entities under seven entries to the Entity List. These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the Entity List under the destination of the People's Republic of China (China). This final rule also corrects typographical errors in two existing entries on the Entity List.

This action amends the Class D airspace at Fort Worth, TX, and the Class E airspace at Dallas-Fort Worth, TX. This action is the result of an airspace review due to the cancellation of the instrument procedures and implementation of new instrument procedures at Granbury Regional Airport, Granbury, TX, contained within the Dallas-Fort Worth, TX, Class E airspace legal description. The geographic coordinates of Fort Worth Spinks Airport, Fort Worth, TX, are also being updated to coincide with the FAA's aeronautical database.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by Tennessee, on April 9, 2021. Specifically, EPA is proposing to approve updates to the incorporation by reference of federal guidelines on air quality modeling in the Tennessee 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 Tennessee to a full approval. EPA is proposing to approve this revision pursuant to the Clean Air Act (CAA or Act).

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including microwave ovens. EPCA also requires the U.S. Department of Energy (``DOE'' or ``the Department'') to periodically determine whether more-stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this supplemental notice of proposed rulemaking (``SNOPR''), DOE proposes amended energy conservation standards for microwave ovens, and requests comment on these proposed standards and associated analyses and results.

PHMSA is revising the Federal Pipeline Safety Regulations to improve the safety of onshore gas transmission pipelines. This final rule addresses several lessons learned following the Pacific Gas and Electric Company incident that occurred in San Bruno, CA, on September 9, 2010, and responds to public input received as part of the rulemaking process. The amendments in this final rule clarify certain integrity management provisions, codify a management of change process, update and bolster gas transmission pipeline corrosion control requirements, require operators to inspect pipelines following extreme weather events, strengthen integrity management assessment requirements, adjust the repair criteria for high-consequence areas, create new repair criteria for non-high consequence areas, and revise or create specific definitions related to the above amendments.