2022 – Federal Register Recent Federal Regulation Documents

This document contains proposed regulations regarding the treatment of domestic partnerships and S corporations that own stock of passive foreign investment companies (``PFICs'') and their domestic partners and shareholders (the ``proposed regulations''). The proposed regulations also provide guidance regarding the determination of the controlling domestic shareholders of foreign corporations, the owner of a controlled foreign corporation (``CFC'') or qualified electing fund (``QEF'') that makes an election under section 1411, the treatment of S corporations with accumulated earnings and profits under subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code (``subpart F'' of the ``Code''), and the determination and inclusion of related person insurance income (``RPII'') under section 953(c). The proposed regulations affect United States persons that own, directly or indirectly, stock in certain foreign corporations.

The Environmental Protection Agency (EPA) is approving multiple state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for 14 major volatile organic compound (VOC) and/or nitrogen oxide (NOX) emitting facilities pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rule action, EPA is approving source-specific (also referred to as ``case- by-case'' or CbC) RACT determinations or alternative NOX emissions limits for sources at 14 major NOX and VOC emitting facilities within the Commonwealth submitted by PADEP. These RACT evaluations were submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA's implementing regulations.

FinCEN is issuing this notice of proposed rulemaking to seek public comment on the proposed establishment of a limited-duration pilot program, subject to conditions set by FinCEN, to permit a financial institution with a suspicious activity report (SAR) reporting obligation to share SARs and information related to SARs with the institution's foreign branches, subsidiaries, and affiliates for the purpose of combating illicit finance risk, in accordance with Section 6212(a) of the Anti-Money Laundering Act of 2020 (AML Act).

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums and Obstacle Departure procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This Notification announces the decision of the Secretary of Homeland Security (``Secretary''), after consulting with interagency partners, to temporarily restrict travel by certain noncitizens into the United States at land ports of entry, including ferry terminals (``land POEs'') along the United States-Canada border. These restrictions only apply to noncitizens who are neither U.S. nationals nor lawful permanent residents (``noncitizen non-LPRs''). Under the temporary restrictions, DHS will allow processing for entry into the United States of only those noncitizen non-LPRs who are fully vaccinated against COVID-19 and can provide proof of being fully vaccinated against COVID-19 upon request. The restrictions provide for limited exceptions, largely consistent with the limited exceptions currently available with respect to COVID-19 vaccination in the international air travel context. Unlike past actions of this type, this Notification does not contain an exception for essential travel.

The Federal Communications Commission (FCC or Commission) proposes to revise its rules governing spectrum sharing among non- geostationary satellite orbit, fixed-satellite service (NGSO FSS) systems. The FCC proposes that its existing spectrum sharing mechanism for NGSO FSS systems will be limited to those systems approved in the same processing round. The FCC also proposes to adopt a rule providing that later-round NGSO FSS systems will have to protect earlier-round systems, and invites comment on how to define such protection. In addition, the FCC seeks comment on whether to sunset, after a period of time, the interference protection afforded to an NGSO FSS system because of its processing round status.

The Coast Guard is correcting an interim rule that appeared in the Federal Register on December 27, 2021. The interim rule announced changes to small passenger vessel fire safety regulations. The interim rule has an effective date of March 28, 2022. This correction fixes incorrect cross references in the regulatory text of that interim rule.

The FAA proposes to supersede Airworthiness Directive (AD) 2002-03-01, which applies to all Honeywell International, Inc. (Honeywell) T53 model turboshaft engines. AD 2002-03-01 requires initial and repetitive special vibration tests of the engine, and if necessary replacement with a serviceable reduction gearbox assembly, or a serviceable engine before further flight. Since the FAA issued AD 2002-03-01, the FAA received reports that two additional Honeywell model turboshaft engines, not captured in AD 2002-03-01, are also subject to tachometer drive spur gear failures due to vibration loads. This proposed AD would require initial and repetitive special vibration tests of the engine and, depending on the results, replacement of either the reduction gearbox assembly or the engine. The FAA is proposing this AD to address the unsafe condition on these products.

The Audio Division, on its own motion, proposes the deletion of seven vacant allotments in various communities in Arizona, Oklahoma, Oregon, Texas, Vermont and Wyoming. We tentatively conclude that it is in the public interest to delete seven vacant allotments that have been offered in two FM auctions. No bids were entered for these allotments in the recently completed FM Auction 109. These permits are now considered unsold, and the allotments remain vacant. Deletion of these allotments may create other opportunities in nearby communities for new FM allotments or upgrades of existing stations. Therefore, we believe that the proposed deletion of these vacant allotments may promote a more effective and efficient use of the FM broadcast spectrum.

The Environmental Protection Agency (EPA) is approving multiple state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for 24 major volatile organic compound (VOC) and/or nitrogen oxide (NOX) emitting facilities pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rule action, EPA is approving source-specific (also referred to as case-by- case or CbC) RACT determinations or alternative NOX emissions limits for sources at 24 major NOX and VOC emitting facilities within the Commonwealth submitted by PADEP. These RACT evaluations were submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA's implementing regulations.

The U.S. Department of Energy (``DOE'' or ``the Department'') will hold a webinar to discuss and receive comments on the preliminary analysis it has conducted for purposes of evaluating energy conservation standards for dishwashers. The webinar will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for this product; the results of preliminary analyses performed by DOE for this product; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product should it determine that proposed amendments are necessary; and any other issues relevant to the evaluation of energy conservation standards for dishwashers. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document (``TSD''), and briefing materials, which are available on the DOE website at: www1.eere.energy.gov/buildings/appliance_standards/ standards.aspx?productid=38&action=viewlive.

The Commission has before it a petition for rulemaking filed by WNYT-TV, LLC (Petitioner), the licensee of WNYT, channel 12, Albany, New York. The Petitioner requests the substitution of channel 21 for channel 12 at in the Table of Allotments.

The U.S. Department of Energy (``DOE'') is initiating an effort to determine whether to amend the current energy conservation standards for dedicated-purpose pool pumps (``DPPPs''). Under the Energy Policy and Conservation Act, as amended, DOE must review these standards at least once every six years and publish either a notice of proposed rulemaking (``NOPR'') to propose new standards for DPPPs or a notification of determination that the existing standards do not need to be amended. This request for information (``RFI'') solicits information from the public to help DOE determine whether amended standards for DPPPs would result in significant energy savings and whether such standards would be technologically feasible and economically justified. DOE also welcomes written comments from the public on any subject within the scope of this document (including those topics not specifically raised), as well as the submission of data and other relevant information.

NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Ecosystem Plan for the American Samoa Archipelago (FEP). If approved, Amendment 5 would establish a rebuilding plan for the American Samoa bottomfish stock complex. The Council recommended Amendment 5 to rebuild the bottomfish stock, which is overfished and experiencing overfishing.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision formally submitted by the State of Delaware. This revision consists of the base year inventory for the Delaware portion of the Philadelphia-Wilmington- Atlantic City, PA-NJ-MD-DE marginal nonattainment area (Philadelphia Area) for the 2015 ozone national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA).

The FAA proposes to supersede Airworthiness Directive (AD) 2017-24-10, which applies to certain The Boeing Company Model 757-200, -200PF, and -300 series airplanes. AD 2017-24-10 requires repetitive inspections for any cracking of a certain fuselage frame inner chord; identification of the material of a certain fuselage frame inner chord for certain airplanes; and applicable corrective actions. Since the FAA issued AD 2017-24-10, the FAA has received reports of new crack findings outside of the AD 2017-24-10 inspection area, which the existing inspections will not detect. This proposed AD would continue to require the actions in AD 2017-24-10, would add new airplanes and would require new inspection types in certain areas, an expanded inspection area, additional inspections, and applicable corrective actions. The FAA is proposing this AD to address the unsafe condition on these products.

NMFS has received a request from the Sonoma County Water Agency (SCWA) for authorization to take marine mammals incidental to Russian River estuary management activities in Sonoma County, California, over the course of five years (2022-2027). As required by the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requests comments on the proposed regulations.

The FAA is superseding Airworthiness Directive (AD) 2017-22- 06, which applied to certain Bombardier, Inc., Model CL-600-2B16 (601- 3A, 601-3R, and 604 Variants) airplanes. AD 2017-22-06 required repetitive inspections for fuel leakage at the engine and auxiliary power unit (APU) fuel pumps, and related investigative and corrective actions if necessary. This AD retains the requirements of AD 2017-22- 06, and requires an inspection of the APU, repair if necessary, and modification of the engine electrical fuel pump (EFP) installation. This AD also adds airplanes to the applicability. This AD was prompted by reports of fuel leaks from the electrical connectors and conduits of the engine and APU EFP cartridge/canister, and the development of additional actions to address the root cause of the fuel leaks. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Viking Air Limited (type certificate previously held by Bombardier Inc. and de Havilland, Inc.) Model DHC-6-400 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as corrosion of the fuel system components located in the fuel gallery due to inadequate corrosion protection. The FAA is proposing this AD to address the unsafe condition on these products.

The U.S. Department of Energy (``DOE'' or ``the Department'') will hold a webinar to discuss and receive comments on the preliminary analysis it has conducted for purposes of evaluating energy conservation standards for miscellaneous refrigeration products (``MREFs''). The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for these products; the results of preliminary analyses performed by DOE; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product should it determine that proposed amendments are necessary; and any other issues relevant to the evaluation of energy conservation standards for MREFs. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document (``TSD''), and briefing materials, which are available on the DOE website at: www1.eere.energy.gov/buildings/appliance_standards/ standards.aspx?productid=39&action=viewlive.

The FAA is adopting a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as insufficient performance of the fuel drain system that could lead to fire and damage of the airplane. This AD requires modifying the fuel drain pipe routing and installing a drain mast. The FAA is issuing this AD to address the unsafe condition on these products.

On September 20, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by One Ministries, Inc. (Petitioner), requesting the allotment of reserved noncommercial educational channel *4 to Fort Bragg, California, in the Table of Allotments as the community's second local service. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to allot channel *4 at Fort Bragg. The newly allotted channel will be authorized pursuant to the Commission's application and selection procedures for reserved noncommercial educational television stations.

This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing this final rule to make a technical amendment to the definition of the term ``applicable schedule amount'' in its regulations. In recent years, OFAC has adjusted its civil monetary penalties (CMPs) as required by the Federal Civil Penalties Inflation Adjustment Act, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. While OFAC's ``applicable schedule amount'' values are not civil monetary penalties that are required to be adjusted pursuant to such statute, OFAC is updating the definition of the term ``applicable schedule amount'' so that it will automatically rise with OFAC's CMPs, removing the necessity of updating the applicable schedule amount on an annual basis.

The Food and Drug Administration (FDA, Agency, or we) is classifying the retinal diagnostic software device into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the retinal diagnostic software device's classification. We are taking this action because we have determined that classifying the device into class II (special controls) will provide a reasonable assurance of safety and effectiveness of the device. We believe this action will also enhance patients' access to beneficial innovative devices.