2022 – Federal Register Recent Federal Regulation Documents
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Notice of Temporary Annual Closure on Public Lands for the King of the Hammers Race, San Bernardino County, CA
As authorized under the provisions of the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) is giving notice that certain public lands located near Johnson Valley, California, within the Johnson Valley Off-Highway Vehicle Recreation Area, will be temporarily closed to all public use to enhance public safety during Hammerking Productions' annual King of the Hammers desert race authorized under a 5-year Special Recreation Permit (SRP).
Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Ivanpah-Control Project, Inyo, Kern, and San Bernardino Counties, CA
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) California Desert District Office, Palm Springs, California, intends to prepare an Environmental Impact Statement (EIS) to consider the effects of the Ivanpah-Control Project (Project) and by this notice is announcing the beginning of the scoping process to solicit public comments and identify issues.
Request for Information (RFI) on Data Collection for Emergency Clinical Trials and Interoperability Pilot; Extension of Comment Period
On October 28, 2022, the Office of Science and Technology Policy (OSTP) published in the Federal Register a document entitled ``Request for Information (RFI) on Data Collection for Emergency Clinical Trials and Interoperability Pilot.'' This RFI, issued by OSTP in partnership with the Office of the National Coordinator for Health Information Technology (ONC), invited comments on how to optimize data collection for clinical trials carried out across a range of institutions and sites, both in emergency settings and in the pre- emergency phase. OSTP and ONC are seeking input on viable technical strategies to distribute clinical trial protocols and capture clinical trial data using common application programming interfaces (APIs). OSTP and ONC also seek information about whether there is value in a pilot or demonstration project to operationalize data capture in the near term, for example within 6-12 months of the close of comments on the RFI. In response to requests by prospective commenters that they would benefit from additional time to adequately consider and respond to the RFI, OSTP has determined that an extension of the comment period until January 27, 2023 is appropriate.
Agency Information Collection Activities: Proposed Collection; Comment Request
The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
Market Dominant Postal Products
The Commission proposes amendments to its regulations concerning rate incentives for Market Dominant products and republishes additional rules. The Commission invites public comment.
Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements
The United States Patent and Trademark Office (USPTO) is reopening the comment period for the proposed rule titled ``Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements'' that was published in the Federal Register on July 12, 2022. The proposed rule's comment period, which ended on September 12, 2022, is extended until December 2, 2022. In addition, the USPTO will treat as timely any comment that was received between September 12, 2022, and November 18, 2022.
60-Day Notice of Proposed Information Collection: Capital Needs Assessment (CNAs), OMB Control No.: 2502-0505
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
Airline Ticket Refunds and Consumer Protections
The U.S. Department of Transportation (Department or DOT) is extending through December 16, 2022, the period for interested persons to submit comments to its proposed rule on Airline Ticket Refunds and Consumer Protections.
Small Business Size Standards: Adjustment of Monetary-Based Size Standards, Disadvantage Thresholds, and 8(a) Eligibility Thresholds for Inflation
This rulemaking finalizes, without change, the U.S. Small Business Administration's (SBA or Agency) 2019 interim final rule (RIN 3245-AH17) that adjusted monetary-based industry size standards (i.e., receipts- and assets-based) for inflation that occurred since 2014. This rulemaking also includes three interim final actions. First, SBA adds an additional 13.65 percent inflation increase to the monetary small business size standards, which have been recently adjusted as part of the second five-year review of size standards pursuant to the Small Business Jobs Act of 2010 (Jobs Act). This concurrent additional adjustment accounts for the inflation that has occurred since 2019 that has not been adequately addressed by the Agency's previous adjustments to its small business size standards under the Jobs Act. Second, this rulemaking adjusts three program-specific monetary size standards to account for inflation: the size standards for sales or leases of government property, the size standards for stockpile purchases, and alternative size standard based on tangible net worth and net income for the Small Business Investment Company (SBIC) program. Third, SBA adjusts for inflation the economic disadvantage thresholds applicable to the 8(a) Business Development and Economically Disadvantaged Women- Owned Small Business (EDWOSB) programs, and the dollar limit for combined total 8(a) contracts.
Section 199A Rules for Cooperatives and Their Patrons; Correction
This document contains corrections to Treasury Decision 9947, published in the Federal Register on Tuesday, January 19, 2021. Treasury Decision 9947 contained final regulations under the qualified business income provisions of the Internal Revenue Code regarding the deduction for income attributable to domestic production activities of specified agricultural or horticultural cooperatives.
Safety Glazing Standards; Codifying Existing Waivers and Adding Test Flexibility
FRA is amending its Safety Glazing Standards for exterior windows on railroad equipment to codify long-standing waivers, add a new testing option to improve consistency of glazing testing, and revise outdated section headings. The changes update and clarify existing requirements to maintain and, in some cases, enhance safety, while reducing unnecessary costs. Codification of the waivers is also consistent with the Infrastructure Investment and Jobs Act and will enable FRA to use its inspection resources more efficiently.
Sponsorship Identification Requirements for Foreign Government-Provided Programming
In this document, the Federal Communications Commission (Commission) seeks comment on a certification requirement proposal for broadcasters, which would strengthen and fortify the foreign sponsorship identification rules in light of the D.C. Circuit's recent decision that vacated the verification component of the Commission's rules.
Date of Receipt of Electronic Submissions of Patent Correspondence
The United States Patent and Trademark Office (USPTO or Office) is amending the patent rules of practice to provide that the receipt date of correspondence officially submitted electronically by way of the USPTO patent electronic filing system is the date in the Eastern time zone of the United States (Eastern Time) when the USPTO received the correspondence rather than the date on which the correspondence is received at the correspondence address in Alexandria, Virginia. This change is necessary because the USPTO is expecting to provide servers for receiving electronic submissions in locations that are separate from the USPTO headquarters in Alexandria, Virginia. This change will ensure consistency and predictability with respect to correspondence receipt dates, as the date of receipt accorded to correspondence submitted electronically will not depend on the location of USPTO servers. The USPTO is also amending the patent rules of practice to make other clarifying changes regarding the receipt of electronic submissions, including providing a definition for Eastern Time. These changes harmonize the patent rules with the trademark rules and provide clarity regarding the date of receipt of electronic submissions.
Energy Conservation Program: Energy Conservation Standards for Portable Electric Spas
In this notice of data availability (``NODA''), the U.S. Department of Energy (``DOE'') is publishing data and certain preliminary analytical results related to DOE's evaluation of potential energy conservation standards for portable electric spas (``PESs''). DOE requests comments, data, and information regarding the data and analysis.
Bylaws of the Board of Governors of the United States Postal Service
This document includes several amendments to the Bylaws of the Board of Governors. Additions have been made to conform the Bylaws to existing law. Technical edits have also been made to clarify the language of the Bylaws. Amendments include the addition of decisions to be made by the Board of Governors and changes to the voting and quorum requirements for actions to be taken by the Board of Governors.
Notice of Updated NAICS Codes for Use in the Women Owned Small Business Federal Contract Program
The U.S. Small Business Administration (SBA) is updating the North American Industry Classification System (NAICS) codes authorized for use in the Women-Owned Small Business Federal Contracting Program (WOSB Program). This update is being made to reflect the U.S. Office of Management and Budget's (OMB) NAICS revision for 2022, identified as NAICS 2022. These changes would impact 85 of the 2017 NAICS codes eligible for use under the WOSB Program.
Endangered and Threatened Wildlife and Plants; Revision to the Section 4(d) Rule for the African Elephant
We, the U.S. Fish and Wildlife Service (Service or FWS), propose to revise the rule for the African elephant (Loxodonta africana) promulgated under section 4(d) of the Endangered Species Act of 1973, as amended (ESA). The intended purposes are threefold: To increase protection for African elephants in light of the recent rise in international trade of live African elephants by establishing ESA enhancement permit requirements for international trade in live elephants and specific enhancement requirements for the import of wild- sourced elephants, as well as requirements to ensure that proposed recipients of live African elephants are suitably equipped to house and care for them; to clarify the existing enhancement requirement during our evaluation of an application for a permit to import African elephant sport-hunted trophies; and to incorporate a Party's designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) National Legislation Project into the decision-making process for the import of live African elephants, African elephant sport-hunted trophies, and African elephant parts and products other than ivory and sport-hunted trophies. We anticipate these measures will affect implementation in foreign countries of management measures that enhance African elephant conservation.
Name of Information Collection: Identity Management System (IdMAX) for Personal Identity Validation (PIV) for Routine and Intermittent Access to NASA Facilities, Sites, and Information Systems
The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
Agency Information Collection Activities: Did You Feel It? Earthquake Questionnaire
In accordance with the Paperwork Reduction Act of 1995 (PRA), the U.S. Geological Survey (USGS) is proposing to renew an information collection with revisions.
Notice of Intent To Prepare a Supplemental Environmental Impact Statement for December 2007 Record of Decision Entitled Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations For Lake Powell and Lake Mead
The Secretary of the Interior has directed the Bureau of Reclamation (Reclamation) to prepare a Supplemental Environmental Impact Statement (SEIS). The Supplement is to the December 2007 Record of Decision entitled Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead (2007 Interim Guidelines). The Secretary is directing this action because the existing operating guidelines are insufficient given current hydrology and reservoir conditions and in light of plausible low runoff conditions in the Colorado River Basin over the next four years. Through this Federal Register notice, Reclamation is providing an overview of the purpose and need for the SEIS, as well as its anticipated approach and timeframe for decisions on revised operating guidelines for Lake Powell and Lake Mead.
Schedules of Controlled Substances: Placement of Amineptine in Schedule I
With the issuance of this final rule, the Drug Enforcement Administration places amineptine (chemical name: 7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid), including its salts, isomers, and salts of isomers, in schedule I of the Controlled Substances Act. This action is being taken to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. This action imposes the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle amineptine.
Draft Amended Environmental Assessment for Production of AquAdvantage Salmon at the Bay Fortune and Rollo Bay Facilities on Prince Edward Island, Canada; Public Meeting; Request for Comments
The Food and Drug Administration (FDA, the Agency, or we) is hosting a virtual public meeting entitled ``Draft Amended Environmental Assessment for Production of AquAdvantage Salmon at the Bay Fortune and Rollo Bay Facilities on Prince Edward Island, Canada.'' The purpose of the public meeting is to obtain public input on a draft amended environmental assessment (EA) prepared by FDA in support of an approved new animal drug application (NADA 141-454) concerning AquAdvantage Salmon (AAS), in response to an order by the U.S. District Court, Northern District of California.
Draft Amended Environmental Assessment for Production of AquAdvantage Salmon at the Bay Fortune and Rollo Bay Facilities on Prince Edward Island, Canada; Availability; Request for Comments
The Food and Drug Administration (FDA, the Agency, or we) is announcing the availability of a document entitled ``Draft Amended Environmental Assessment for Production of AquAdvantage Salmon at the Bay Fortune and Rollo Bay Facilities on Prince Edward Island, Canada.'' This draft amended environmental assessment (EA) has been prepared by FDA in support of the approved new animal drug application (NADA 141- 454) concerning AquAdvantage Salmon (AAS), in response to an order by the U.S. District Court, Northern District of California.
Clinical Laboratory Improvement Amendments (CLIA) Proficiency Testing Related to Analytes and Acceptable Performance; Correction
In the July 11, 2022 issue of the Federal Register, we published a final rule that updated proficiency testing (PT) regulations under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) to address current analytes (that is, substances or constituents for which the laboratory conducts testing) and newer technologies. The effective date was August 10, 2022, except for the amendments in amendatory instructions 2 and 5 through 21, which are effective July 11, 2024. This document corrects one technical error identified in the July 11, 2022 final rule.
Airworthiness Directives; Embraer S.A. Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-545 airplanes. This AD was prompted by an error that was detected in the airplane takeoff configuration warning logic. The error prevents the system from sounding an aural alert ``No Takeoff Trim'' for the flightcrew. This AD requires the installation of a new software version of engine indication and crew alert system (EICAS), as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Certain Outdoor and Semi-Outdoor Electronic Displays, Products Containing Same, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation as to a Respondent and Granting Complainant's Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined not to review an initial determination (``ID'') (Order No. 6) of the presiding administrative law judge (``ALJ''): (1) terminating the investigation as to respondent Coates Visual LLC (``Coates Visual'') of Chicago, Illinois; and (2) granting complainant's motion to amend the complaint and notice of investigation (``NOI'') in the above-captioned investigation to add respondent Coates US Inc. (``Coates US'') of Chicago, Illinois.
National Institute of Standards and Technology; National Bureau of Standards Test Reactor
The U.S. Nuclear Regulatory Commission (NRC, the Commission) is considering issuance of an amendment to Renewed Facility Operating License No. TR-5, issued to the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), for operation of the National Bureau of Standards test reactor (NBSR). The proposed amendment would revise the NBSR Safety Analysis Report (SAR) to allow reactor operation with the debris that remains in the reactor primary coolant system from the February 3, 2021, fuel damage event and after the subsequent cleaning operations. The proposed amendment would not authorize the restart of the NBSR.
Submission for OMB Review; 30-Day Comment Request Application and Impact of Clinical Research Training on Healthcare Professionals in Academia and Clinical Research (Office of the Director)
In compliance with the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below.
Establishment of the Marine and Coastal Area-Based Management Advisory Committee and Solicitation of Nominations for Membership
Pursuant to the Federal Advisory Committee Act, the Under Secretary of Commerce for Oceans and Atmosphere (Under Secretary) announces the establishment of the Marine and Coastal Area-based Management Advisory Committee (MCAM AC). The MCAM AC shall advise the Under Secretary on science-based approaches to area-based protection, conservation, restoration, and management in coastal and marine areas, including the Great Lakes. The scope of the Committee's advice will include, but not be limited to, efforts consistent with the America the Beautiful initiative, as well as other relevant issues that may be requested by the Under Secretary. The MCAM AC shall terminate 2 years from the date of its charter's filing with the appropriate U.S. Senate and House of Representatives committees unless earlier terminated or renewed by the proper authority. This notice also requests nominations for membership on the MCAM AC (see ``Structure'' and ``Nominations and Applications'' below for more detail).
Energy Conservation Program: Energy Conservation Standards for Miscellaneous Gas Products
On June 14, 2022, the U.S. Department of Energy (``DOE'') published a request for information (``RFI'') regarding energy conservation standards for miscellaneous gas products (``MGPs''). In that RFI, DOE specifically sought stakeholder input and data on a variety of topics including, but not limited to, product categories, energy use, shipments, and technology options. Based on the information that DOE collected in response to stakeholder input, data that has been identified and collected by DOE, and data collected during confidential manufacturer interviews, DOE is publishing this notification of data availability (``NODA'') to provide stakeholders with additional information and to provide an additional opportunity for public input. DOE requests comments, data, and information on all aspects of the NODA.
Instruction of the Secretary and General Policy Statement on the Administration of Benefits for Particular Same-Sex Surviving Spouses
The Department of Veterans Affairs (VA) announces that the Secretary of Veterans Affairs issued Instruction 01-22 on October 11, 2022, which addresses the legal impediment that exists for certain same sex-surviving spouses to qualify for Survivors Pension or Dependency and Indemnity Compensation (DIC) benefits due to not meeting the duration of marriage requirements for those benefits because they were prevented from marrying at an earlier date by reason of laws that have been found to be unconstitutional. Additionally, VA announces Pension and Fiduciary Service's general policy statement on the administration of Veterans Benefits Administration (VBA) benefits for particular same- sex surviving spouses.
Special Conditions: Airbus Model A321neo XLR Airplane; Flight-Envelope Protection Functions-General
This action proposes special conditions for the the Airbus Model A321neo XLR airplanes. These airplanes 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 an electronic flight-control system that provides flight-envelope protections. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Freedom of Information Act Regulations Update; Phase II
The Environmental Protection Agency (EPA or agency) proposes revisions to the agency's regulations under the Freedom of Information Act (FOIA or Act). This action supports the agency's mission by updating the process by which the public may access information about EPA actions and activities.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Law Treaty
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0073 Patent Law Treaty. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Request for Information; Sustainability of Microgravity R&D During and Beyond ISS Transition
The White House Office of Science and Technology Policy (OSTP) requests input to help inform the development of a National Strategy for Microgravity Research and Development (R&D) to ensure sustainability of space-based research during and beyond microgravity platform transitionfrom the International Space Station (ISS) to future commercial platforms. This particular request seeks information regarding the future vision of a robust research ecosystem in low-earth orbit (LEO) and the role of the U.S. government in enabling that future.
Performance-Based Containment Leak Test Program
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1391, ``Performance- Based Containment Leak Test Program''. This DG is proposed Revision 1 to regulatory guide (RG) 1.163 of the same name. The proposed revision provides guidance on an acceptable performance-based leak-test program, leakage-rate test methods, procedures, and analyses that may be used to comply with NRC regulations.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
This action implements approved measures for Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. Amendment 22 was developed by the Mid-Atlantic Fishery Management Council to revise summer flounder, scup, and black sea bass commercial and recreational sector allocations. Amendment 22 is intended to ensure that the best available science is used to determine commercial and recreational sector allocations.
Information Collection: Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material
The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, ``Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.''
Meeting of the Treasury Advisory Committee on Racial Equity
The Department of the Treasury (``Department'' or ``Treasury'') is hosting the first meeting of the Treasury Advisory Committee on Racial Equity (``TACRE'' or ``Committee''). The Committee is composed of 25 members who will provide information, advice, and recommendations to the Department of the Treasury on matters relating to the advancement of racial equity. This notification provides the date, time, and location of the first meeting and the process for participating and providing comments.
Jefferson National Forest; Monroe County, West Virginia; Giles and Montgomery County, Virginia. Mountain Valley Pipeline and Equitrans Expansion Project Supplemental Environmental Impact Statement
The USDA Forest Service (Forest Service) is preparing a Supplemental Environmental Impact Statement (SEIS) to the 2017 Federal Energy Regulatory Commission (FERC) Final Environmental Impact Statement (FEIS) for the Mountain Valley Pipeline (MVP) and Equitrans Expansion Project and its subsequent 2020 Forest Service Final Supplemental Environmental Impact Statement (2020 FSEIS). The MVP project proposed action that is specific to National Forest System (NFS) lands is to construct and operate a buried 42-inch natural gas pipeline across approximately 3.5 miles of the Jefferson National Forest (JNF). The Forest Service, as the lead agency, and the Bureau of Land Management (BLM), as the Federal cooperating agency, have decisions to be made based on a review of the 2017 FERC FEIS, the 2020 FSEIS, and this supplemental analysis.
GE-Hitachi Nuclear Energy Americas, LLC; Morris Operation Independent Spent Fuel Storage Installation
The U.S. Nuclear Regulatory Commission (NRC) is considering a renewal for twenty years of special nuclear materials (SNM) License SNM-2500 for the possession, transfer, and storage of radioactive material at the Morris Operation independent spent fuel storage installation (ISFSI) in Grundy County, Illinois. The license is held by GE-Hitachi Nuclear Energy Americas, LLC, and, if renewed, would expire on May 31, 2042.
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