2022 – Federal Register Recent Federal Regulation Documents

OSHA is proposing to amend its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA proposes to amend its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. OSHA also proposes to update the classification system used to determine the list of industries covered by the electronic submission requirement. In addition, the proposed rule would remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis. OSHA intends to post the data from the proposed annual electronic submission requirement on a public website after identifying and removing information that reasonably identifies individuals directly, such as individuals' names and contact information. Finally, OSHA is proposing to require establishments to include their company name when making electronic submissions to OSHA.

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including small, large, and very large commercial package air conditioning and heating equipment, of which air cooled, three-phase, small commercial air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase, variable refrigerant flow air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h are categories. EPCA requires the U.S. Department of Energy (``DOE'' or ``the Department'') to consider the need for amended standards each time the relevant industry standard is amended with respect to the standard levels or design requirements applicable to that equipment, or periodically under a six-year-lookback review provision. For the three-phase equipment that is the subject of this notice of proposed rulemaking (``NOPR''), DOE is proposing amended energy conservation standards that rely on new efficiency metrics and align with amended efficiency levels in the industry standard. DOE has preliminarily determined that it lacks clear and convincing evidence required by the statute to adopt standards more stringent than the levels specified in the industry standard. This NOPR also announces a webinar to receive comment on these proposed standards and associated analyses and results.

The Securities and Exchange Commission (``Commission'') is re- proposing amendments to remove the references to credit ratings included in certain Commission rules. The Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''), among other things, requires the Commission to remove any references to credit ratings from its regulations. In one rule governing the activity of distribution participants, the Commission is proposing to remove the reference to credit ratings, substitute alternative measures of credit-worthiness, and impose related recordkeeping obligations in certain instances. In another rule governing the activity of issuers and selling security holders during a distribution, the Commission is proposing to eliminate the exception for investment-grade nonconvertible debt, nonconvertible preferred securities, and asset-backed securities.

NMFS announces that the length of the recreational fishing season for black sea bass in the exclusive economic zone (EEZ) of the South Atlantic will extend throughout the species' 2022-2023 fishing year. Announcing the length of recreational season for black sea bass is one of the accountability measures (AMs) for the recreational sector. This announcement allows recreational fishers to maximize their opportunity to harvest the recreational annual catch limit (ACL) for black sea bass during the fishing season while managing harvest to protect the black sea bass resource.

In accordance with the statutory provisions enacted by the Great Lakes Pilotage Act of 1960, the Coast Guard is issuing new base pilotage rates for the 2022 shipping season. This rule will adjust the pilotage rates to account for changes in district operating expenses, an increase in the number of pilots, and anticipated inflation. In addition, this rule will make a policy change to round up in the staffing model. The Coast Guard is also making methodology changes to factor in an apprentice pilot's compensation benchmark for the estimated number of apprentice pilots. The Coast Guard estimates that this rule will result in a 7-percent increase in pilotage operating costs compared to the 2021 season.

The Department of Homeland Security (DHS) is amending DHS premium processing regulations to codify statutory changes made by the Continuing Appropriations Act, 2021 and Other Extensions Act (Continuing Appropriations Act). The Continuing Appropriations Act included the Emergency Stopgap USCIS Stabilization Act (USCIS Stabilization Act), which amended the Immigration and Nationality Act (INA) by modifying U.S. Citizenship and Immigration Services' (USCIS) authority to provide premium processing services and to establish and collect premium processing fees for those services. This rule amends DHS premium processing regulations by updating the regulations to include the fees established by the USCIS Stabilization Act for immigration benefit requests that were designated for premium processing on August 1, 2020, and establishing new fees and processing timeframes consistent with section 4102(b) of the USCIS Stabilization Act.

NMFS announces that the State of Maryland is transferring a portion of its 2021 commercial bluefish quota to the State of North Carolina. This quota adjustment is necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Maryland and North Carolina.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Atlantic Intracoastal Waterway (AICW) and Queen Creek near Swansboro, Onslow County, NC. The safety zone is necessary to enhance the safety of mariners and participants during a mass-rescue training exercise. Entry of vessels or persons into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) North Carolina or a designated representative.

The Coast Guard is proposing to amend its recurring safety zone regulations in the Captain of the Port Sault Sainte Marie Zone. This proposed rule would update two safety zone locations and dates. This proposed amendment action is necessary to provide for the safety of life associated with annual marine events and firework displays on these navigable waters near Mackinaw City, MI, and Mackinac Island, MI. This proposed rulemaking would prohibit persons and vessels from being in the safety zones unless authorized by the Captain of the Port Sault Sainte Marie or a designated representative. We invite your comments on this proposed rulemaking.

The Environmental Protection Agency (EPA) is proposing to update the incorporation by reference of several voluntary consensus standards in the Agency's formaldehyde standards for composite wood products regulations under the Toxic Substances Control Act (TSCA) that have since been updated, superseded, or withdrawn by the issuing organizations. In addition, EPA is proposing to address remote inspections for third-party certifiers (TPCs) required to conduct on- site inspections in the event of unsafe conditions such as the on-going COVID-19 pandemic or other unsafe conditions such as natural disasters, outbreaks, political unrest, and epidemics. Finally, EPA is proposing certain technical corrections and conforming changes including updating standards within the definitions section, clarifying language as it relates to production, and creating greater flexibilities for the third-party certification process.

The Coast Guard will enforce a safety zone for the Bridgefest Regatta Fireworks in Houghton, MI from 9:30 p.m. through 10:30 p.m. This action is necessary to protect participants and spectators during the Bridgefest Regatta Fireworks. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or their designated on-scene representative.

The Coast Guard proposes to revise existing regulations by removing an event that no longer takes place, and by updating the location of an existing event in the geographic boundaries of the Seventh Coast Guard District Captain of the Port (COTP) St. Petersburg Zone. The Coast Guard invites your comments on this proposed rulemaking.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The Commission announces its disposition of a petition for rulemaking filed on October 5, 2012, by the Center for Individual Freedom. The petition asks that the Commission revise two regulations on the reporting of electioneering communications. The Commission has decided not to initiate a rulemaking in response to the petition because the regulatory changes it sought have already been implemented in a separate rulemaking. The petition and other documents relating to this matter are available on the Commission's website, https:// www.fec.gov/fosers/ (REG 2012-01 Electioneering Communications Reporting).

The Coast Guard seeks public input regarding the modification of the chart and navigational equipment carriage requirements in the Code of Federal Regulations (CFR). This advance notice of proposed rulemaking (ANPRM) outlines the Coast Guard's broad strategy to revise its CFR chart and navigational equipment carriage requirements to implement statutory electronic-chart-use provisions for commercial U.S.-flagged vessels and certain foreign-flagged vessels operating in the waters of the United States. This ANPRM is necessary to obtain additional information from the public before issuing a notice of proposed rulemaking. It will allow us to verify the extent of the requirements for the rule, such as how widely electronic charts currently are used, which types of vessels are using them, the appropriate equipment requirements for different vessel classes, and where the vessels operate, and will thereby allow us to tailor electronic chart requirements to vessel class and location.

The Coast Guard is proposing to establish a temporary safety zone while the U.S. Navy Blue Angels Squadron conducts aerobatic performances over Kaneohe Bay, Oahu, Hawaii, from 9:00 a.m. through 5:00 p.m., August 12-14, 2022. This safety zone is necessary to protect watercraft and the general public from hazards associated with the U.S. Navy Blue Angels aircraft low flying, high powered jet aerobatics over open waters. Vessels desiring to transit through the zone can request permission by contacting the Honolulu Captain of the Port (COTP) or his designated representative. We invite your comments on this proposed rulemaking.

The Coast Guard will enforce special local regulations for the Blessing of the FleetSt. Augustine on April 10, 2022, to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Seventh Coast Guard District identifies the regulated area for this event in St. Augustine, FL. During the enforcement periods, 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.

The FAA proposes to supersede Airworthiness Directive (AD) 2017-15-06, which applies to British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 airplanes. AD 2017-15-06 requires repetitively inspecting the main landing gear (MLG) for cracks and, if cracks are found, replacing the MLG with an airworthy part. Since the FAA issued AD 2017- 15-06, the Civil Aviation Authority (CAA) of the United Kingdom superseded the mandatory continuing airworthiness information (MCAI) issued by the European Aviation Safety Agency (EASA) to correct an unsafe condition on these products. This proposed AD would retain the initial inspection and the calculation of hours time-in-service to flight cycle (FC) actions required by AD 2017-15-06, but would decrease the repetitive inspection interval time from 1,200 flight cycles to 900 flight cycles. The FAA is proposing this AD to address the unsafe condition on these products.

NMFS proposes regulations under the Tuna Conventions Act (TCA) of 1950, as amended, to implement Resolution C-21-04 (Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean During 2022- 2024) and Resolution C-21-06 (Conservation Measures for Shark Species, with Special Emphasis on the Silky Shark (Carcharhinus Falciformis), for the Years 2022 and 2023), which were adopted at the Resumed 98th Meeting of the Inter-American Tropical Tuna Commission (IATTC) in October 2021. This proposed rule implements the C-21-04 fishing management measures for tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). The fishing restrictions would apply to purse seine vessels of class sizes 4-6 (carrying capacity of 182 metric tons (mt) or greater) and longline vessels greater than 24 meters (m) in overall length that fish for tropical tuna in the EPO. To implement Resolution C-21-06, which extended the previous IATTC resolution on silky shark for 2 years, NMFS is proposing for existing regulations on silky shark to continue in effect with no proposed amendments. This proposed rule is necessary for the conservation of tropical tuna stocks and silky shark in the EPO and for the United States to satisfy its obligations as a member of the IATTC.

This document sets forth proposed regulations relating to certain multiple employer plans (MEPs) described in the Internal Revenue Code (the ``Code''). The proposed regulations provide an exception, if certain requirements are met, to the application of the ``unified plan rule'' for MEPs in the event of a failure by one or more employers participating in the plan to take actions required of them to satisfy the applicable requirements of the Code. These proposed regulations would affect certain MEPs, participants in those MEPs (and their beneficiaries), employers participating in those MEPs, and plan administrators of those MEPs. This document also withdraws proposed regulations published in the Federal Register on July 3, 2019, amending the application of the unified plan rule to MEPs and provides a notice of a public hearing.

In this document, the Federal Communications Commission (Commission or FCC) adopts final rules to improve competition for communications services in multi-tenant environments. The rules prohibit telecommunications carriers and covered multichannel video programming distributors (MVPDs) from entering into certain revenue sharing agreements with a building owner that keep competitive providers out of buildings. The rules also require providers to inform tenants about the existence of exclusive marketing arrangements in simple, easy-to-understand language that is readily accessible. The Commission adopted the Report and Order in conjunction with a Declaratory Ruling in GN Docket No. 17-142 in which the Commission clarifies that existing Commission rules regarding cable inside wiring prohibit so-called sale-and-leaseback arrangements that block competitive access to alternative providers.

The Environmental Protection Agency (EPA) is proposing a rule that would reduce air pollution from highway heavy-duty vehicles and engines, including ozone, particulate matter, and greenhouse gases. This proposal would change the heavy-duty emission control program including the standards, test procedures, useful life, warranty, and other requirementsto further reduce the air quality impacts of heavy- duty engines across a range of operating conditions and over a longer period of the operational life of heavy-duty engines. Heavy-duty vehicles and engines are important contributors to concentrations of ozone and particulate matter and their resulting threat to public health, which includes premature death, respiratory illness (including childhood asthma), cardiovascular problems, and other adverse health impacts. This proposal would reduce emissions of nitrogen oxides and other pollutants. In addition, this proposal would make targeted updates to the existing Heavy-Duty Greenhouse Gas Emissions Phase 2 program, proposing that further GHG reductions in the MY 2027 timeframe are appropriate considering lead time, costs, and other factors, including market shifts to zero-emission technologies in certain segments of the heavy-duty vehicle sector. We also propose limited amendments to the regulations that implement our air pollutant emission standards for other sectors (e.g., light-duty vehicles, marine diesel engines, locomotives, various types of nonroad engines, vehicles, and equipment).

The FAA announces the special class airworthiness criteria for the Flytrex, Inc. Model FTX-M600P unmanned aircraft (UA). This document sets forth the airworthiness criteria the FAA finds to be appropriate and applicable for the UA design.