2022 – Federal Register Recent Federal Regulation Documents

The FAA proposes to supersede Airworthiness Directive (AD) 75- 23-03, which applies to all Alexander Schleicher GmbH & Co. Segelflugzeugbau (Alexander Schleicher) Model Ka2B, Ka 6, Ka 6 B, Ka 6 BR, Ka 6 C, Ka 6 CR, K 7, K 8, and AS-K 13 gliders. AD 75-23-03 requires visually inspecting the glue joint between the elevator nose rib number 1 and the nose plywood skin and replacing the glue joint if insufficient glue adhesion is found. Since the FAA issued AD 75-23-03, the European Union Aviation Safety Agency (EASA) superseded prior EASA ADs for the unsafe condition on these products. This proposed AD would add the Model K 8 B gliders to the applicability and would require repetitively inspecting the glue joint at elevator rib number 1 and repairing any damage found. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-BK117 B-2, MBB-BK117 C-1, MBB-BK117 C-2, and MBB-BK117 D-2 helicopters. This proposed AD was prompted by the FAA's determination that aging of the elastomeric material of certain tension torsion straps (TT-Straps), during the period since manufacturing date up to first flight on a helicopter, may affect its structural characteristics. This proposed AD would require the replacement of certain TT-Straps, implementation of storage life limits for TT-Straps, a prohibition on installing certain TT-Straps and conditions for installation of certain other TT-Straps, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

The U.S. Copyright Office is amending its regulations to establish procedures governing the initial stages of a Copyright Claims Board proceeding. The regulations provide requirements regarding filing a claim, the Board's compliance review, service, notice of the claim, the respondent's opt-out election, responses, and counterclaims.

The Environmental Protection Agency (EPA) is proposing a limited approval and limited disapproval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) from refinery flares. We are proposing action on a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The U.S. Department of Energy (``DOE'') announces the availability of the preliminary analysis it has conducted for purposes of evaluating the need for amended energy conservation standards for automatic commercial ice makers, which is set forth in the Department's preliminary technical support document (``TSD'') for this rulemaking. DOE will hold a public meeting via webinar to discuss and receive comment on its preliminary analysis. The meeting will cover the analytical framework, models, and tools used to evaluate potential standards for this equipment, the results of preliminary analyses performed by DOE, the potential energy conservation standard levels derived from these analyses (if DOE determines that proposed amendments are necessary), and other relevant issues. In addition, DOE encourages written comments on these subjects.

The FAA proposes to amend four VHF Omnidirectional Range (VOR) Federal airways and establish a new RNAV T-route in the vicinity of Watertown, South Dakota. This action is necessary due to the planned decommissioning of the VOR portion of the Watertown, SD, VOR/Tactical Air Navigation (VORTAC), which provides navigational guidance to portions of the affected VOR Federal airways. The Watertown VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (VOR MON) program.

NMFS issues regulations under the authority of the Marine Mammal Protection Act (MMPA) and the Tuna Conventions Act (TCA) of 1950, as amended, to allow NMFS to issue temporary exemptions from purse seine observer requirements in the eastern Pacific Ocean (EPO) in accordance with procedures adopted by Parties to the Agreement on the International Dolphin Conservation Program (AIDCP) and members of the Inter-American Tropical Tuna Commission (IATTC). This final rule is necessary for the continuity of fishing activities for large U.S. purse seine vessels and for the United States to satisfy its obligations as a member of the IATTC.

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 777 airplanes. This proposed AD was prompted by a report of a crack found in a front spar lower chord undergoing an underwing longeron replacement. This proposed AD would require repetitive inspections for cracking of the left and right side ring chords, repair angles, front spar lower chords, and front spar webs (depending on configuration) common to the underwing longeron located at station (STA) 1035; modification of the front spar lower chord for some airplanes; repetitive post-modification inspections; and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

On August 28, 2009, the Environmental Protection Agency (EPA) issued a final rule titled ``Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District.'' That publication inadvertently omitted regulatory text rescinding four previously approved rules for the Antelope Valley Air Quality Management District portion of the California State Implementation Plan (SIP). On September 20, 2016, the EPA issued a final rule titled ``Approval of California Air Plan Revisions, Department of Pesticide Regulations.'' That publication listed the wrong EPA approval dates and Federal Register citations for certain rules. The EPA is taking direct final action to correct these errors.

The Coast Guard will enforce the California Half Ironman Triathlon special local regulations on the waters of Oceanside, California on April 2, 2022. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from anchoring, blocking, loitering, or impeding within this regulated area unless authorized by the Captain of the Port, or his designated representative.

NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2022 commercial summer flounder quota to the State of New Jersey. This adjustment to the 2022 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2022 commercial quotas for Virginia and New Jersey.

The Coast Guard is establishing a temporary safety zone for navigable waters within a 100-yard radius of oil spill recovery vessels in Neva Strait. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by pollution response efforts. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Southeast Alaska.

The Federal Aviation Administration (FAA) is correcting a final rule that appeared in the Federal Register on March 4, 2022, establishing Class E airspace for Falmouth Airpark, Falmouth, MA. This action corrects the legal description of the Class E airspace by correcting a typographical error in the geographic coordinates.

The Environmental Protection Agency (EPA) is proposing approval of revisions to the Missouri State Implementation Plan (SIP) received on February 11, 2020. In the submission, Missouri requests to revise a regulation that controls emissions from reactor processes and distillation operations in the St. Louis 1997 8-hour ozone nonattainment area. The revisions to this rule include amending the rule applicability section for sources subject to the rule, removing unnecessary words, updating incorporations by reference, amending definitions specific to the rule, updating test and reference methods, and other minor edits. These revisions do not impact the stringency of the SIP or air quality. Approval of these revisions will ensure consistency between State and federally approved rules.

The Securities and Exchange Commission (the ``Commission'' or the ``SEC'') is proposing new rules under the Investment Advisers Act of 1940 (the ``Advisers Act'' or the ``Act''). We propose to require registered investment advisers to private funds to provide transparency to their investors regarding the full cost of investing in private funds and the performance of such private funds. We also are proposing rules that would require a registered private fund adviser to obtain an annual financial statement audit of each private fund it advises and, in connection with an adviser-led secondary transaction, a fairness opinion from an independent opinion provider. In addition, we are proposing rules that would prohibit all private fund advisers, including those that are not registered with the Commission, from engaging in certain sales practices, conflicts of interest, and compensation schemes that are contrary to the public interest and the protection of investors. All private fund advisers would also be prohibited from providing preferential treatment to certain investors in a private fund, unless the adviser discloses such treatment to other current and prospective investors. We are proposing corresponding amendments to the Advisers Act books and records rule to facilitate compliance with these proposed new rules and assist our examination staff. Finally, we are proposing amendments to the Advisers Act compliance rule, which would affect all registered investment advisers, to better enable our staff to conduct examinations.

NOAA proposes to amend procedures governing its civil administrative enforcement proceedings. The principal changes would include updates to statutory references, clarifications regarding the Administrator's discretionary review, revised directions for appealing a written warning, revised requirements for denying a request for admission, and revised directions for electronic service related to certain appeals and petitions. Other changes would remove the requirement for NOAA to challenge late hearing requests, simplify the use of electronic signatures, rename discovery filings, allow depositions by videoconference, require discovery filings to state when a witness is expected to speak in a language other than the English language in order to arrange interpretation, clarify when failing to pay can be a basis for permit sanctions, incorporate Civil Asset Forfeiture Reform Act deadlines into administrative forfeiture proceedings, and allow NOAA to publish a Notice of Proposed Forfeiture on an official government website. In addition, minor changes would update titles and addresses and correct clerical errors.

The United States Postal Service (Postal Service) is proposing to amend Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) by adding new subsections to establish parcel selvage standards and to clarify how to measure parcels prepared in soft packaging.

The U.S. Department of Energy (``DOE'') proposes to amend the test procedures for central air conditioners and heat pumps that will be required for certification of compliance with applicable energy conservation standards starting January 1, 2023 to address a limited number of specific issues. DOE is seeking comment from interested parties on the proposal.

The U.S. Integrated Ocean Observing System Office, led by the National Oceanic and Atmospheric Administration (NOAA), issues this final rule to change the name for ``Regional Information Coordination Entities (RICEs)'' to ``Regional Coastal Observing Systems.'' This rule has no substantive effect.

These special conditions are issued for the Dassault Aviation (Dassault) Model Falcon 6X airplane. This airplane 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 a digital systems architecture for the installation of a system with wireless and hardwired network and hosted application functionality that allows access, from sources internal to the airplane, to the airplane's internal electronic components. 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.

This action proposes to establish United States Area Navigation (RNAV) route T-377 in the vicinity of Sitka, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.

This action proposes to amend United States Area Navigation (RNAV) route T-230 in the vicinity of St. Paul Island, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.

This action proposes to establish United States Area Navigation (RNAV) route T-386 in the vicinity of Fairbanks, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.

This action proposes to establish United States Area Navigation (RNAV) route T-380 in the vicinity of Emmonak, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.