April 14, 2023 – Federal Register Recent Federal Regulation Documents

This notice provides priorities for programs in fiscal year (FY) 2023, announces the Consolidated Appropriations Act, 2023, and full-year apportionments and allocations for grant programs, provides contract authority, and describes plans for several competitive programs.

The Food and Drug Administration (FDA or we) published a final rule entitled ``Milk and Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt,'' on June 11, 2021 (the 2021 final rule). The International Dairy Foods Association (IDFA) objected to the final rule's provision that yogurt have either a titratable acidity of not less than 0.7 percent, expressed as lactic acid, or a pH of 4.6 or lower before the addition of bulky flavoring ingredients. We are denying IDFA's request for a public hearing with respect to this objection and are issuing a final order to modify the final rule's provision with respect to both pH and titratable acidity.

DHS is withdrawing a proposed rule titled ``Revision of Department of Homeland Security Acquisition Regulation; Limitations on Subcontracting in Emergency Acquisitions (HSAR Case 2009-005)'' and providing notice of its cancellation. The notice of proposed rulemaking proposed to amend the Homeland Security Acquisition Regulation (HSAR) to implement a law that limited the use of subcontractors on cost- reimbursement type contracts entered into by the Department to facilitate the response to or recovery from a natural disaster or act of terrorism or other man-made disaster. DHS is withdrawing this proposed rule because Congress has since repealed this provision. Thus, DHS will not take any further action on this proposal.

The Drug Enforcement Administration is proposing to modify the listing of the list I chemical, N-phenylpiperidin-4-amine (also known as 4-anilinopiperidine; N-phenyl-4-piperidinamine; 4-AP) (hereinafter referred to as 4-anilinopiperidine), to include halides of 4- anilinopiperidine. The current listing of 4-anilinopiperidine includes its amides, its carbamates, and its salts, as list I chemicals under the Controlled Substances Act. The Drug Enforcement Administration proposes the new listing to read as follows: N-phenylpiperidin-4-amine (4-anilinopiperidine; N-phenyl-4-piperidinamine; 4-AP), its amides, its carbamates, its halides, its salts, and any combination thereof, whenever the existence of such is possible, as a list I chemical under the Controlled Substances Act.

This document advises the public that the U.S. Agency for International Development (USAID) is placing in the public docket a standards document related to USAID's proposed Rulemaking that, in part, proposed to add a new section to the USAID Acquisition Regulations (AIDAR). During the public comment period, USAID received comments requesting public access to the ``USAID Digital Information Technical Guidelines,'' which are referenced in the proposed regulatory language. This document makes those Guidelines available, renames the Guidelines to ``USAID Digital Collection and Submission Standards,'' and solicits public comment.

In 2022, the Commission issued a proposed rule seeking to amend the ``primary management official'' and ``key employee'' definitions; add definitions for ``Gaming Enterprise'' and ``Tribal Gaming Regulatory Authority'' (TGRA); and establish modern retention requirements for background investigations and licensing applications. The rule proposed vesting revocation hearing rights upon license issuance as well as in accord with tribal law, regulation or policy along with augmenting revocation decision notification and submission requirements. This revised proposed rule results from comments received. It permits tribes to designate and document other gaming enterprise employees as key employees and other employed gaming enterprise management officials as primary management officials, including TGRA personnel. Now such designations may occur by any documentary means. Updates to the key employee definition include custodians of gaming supplies and gaming operation employees authorized by the gaming operation for unescorted access to secure gaming areas, not vendors or other outside parties. The primary management official definition, however, now is narrower with the removal of individuals who have authority to supervise key employees of the gaming operation.

The Securities and Exchange Commission (``Commission'' or ``SEC'') is proposing amendments to Regulation Systems Compliance and Integrity (``Regulation SCI'') under the Securities Exchange Act of 1934 (``Exchange Act''). The proposed amendments would expand the definition of ``SCI entity'' to include a broader range of key market participants in the U.S. securities market infrastructure, and update certain provisions of Regulation SCI to take account of developments in the technology landscape of the markets since the adoption of Regulation SCI in 2014. The proposed expansion would add the following entities to the definition of ``SCI entity'': registered security-based swap data repositories (``SBSDRs''); registered broker-dealers exceeding an asset or transaction activity threshold; and additional clearing agencies exempted from registration. The proposed updates would amend provisions of Regulation SCI relating to systems classification and lifecycle management; third party/vendor management; cybersecurity; the SCI review; the role of current SCI industry standards; and recordkeeping and related matters. Further, the Commission is requesting comment on whether significant-volume alternative trading systems (ATSs) and/or broker-dealers using electronic or automated systems for trading of corporate debt securities or municipal securities should be subject to Regulation SCI.

NMFS received a request from the U.S. Army Corps of Engineers (ACOE) for the renewal of their recently expired incidental harassment authorization (IHA) to take marine mammals incidental to Port San Luis breakwater repairs in Avila Beach, California. These activities consist of activities that are covered by the initial authorization but were not completed prior to its expiration. Pursuant to the Marine Mammal Protection Act, prior to issuing the initial IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.

The Coast Guard proposes to temporarily change the operating schedule that governs the E-182 Main Street Bridge, mile 278.93, over the Erie Canal, in Brockport, NY to allow contractors to rehabilitate the bridge. The roadway has been closed since last fall and vehicles are unable to cross the bridge until repairs are completed. New York Department of Transportation has made this request to temporarily modify the bridge operations to allow for the required maintenance. We invite your comments on this proposed rulemaking.

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, FSIS is announcing its intention to request revision of the approved information collection regarding State Meat and Poultry Inspection Programs. FSIS is adding 164 burden hours to the collection due to the addition of new states. The approval for this information collection will expire on July 31, 2023.

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to revise the approved information collection regarding its Public Health Information System (PHIS). The Agency has increased the burden estimate by 524 hours to include time for exporters to print meat and poultry export certificates. FSIS is expecting exporters with access to PHIS and a functional printer to print digitally signed export certificates. The approval for this information collection will expire on September 30, 2024.

This action corrects a typographic error in the final rule published in the Federal Register on April 4, 2023, establishing Class E airspace at Delphi, IN.

This action amends Class D airspace and Class E surface airspace for the following Arkansas airports: Rogers Executive Airport- Carter Field (new name), Springdale Municipal Airport, and Bentonville Municipal Airport/Louise M Thaden Field (new name), as well as updating the airport's names and geographic coordinates.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS 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 proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require 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 proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Bell Textron Canada Limited Model 206A, 206A-1 (OH-58A), 206B, 206B-1, 206L, 206L-1, 206L-3, and 206L-4 helicopters. This AD was prompted by a loss of tail rotor (TR) drive due to a failure of an adhesively bonded joint between an adapter and a tube on one of the segmented TR drive shaft (TRDS) assemblies. This AD requires determining if an affected TRDS is installed; repetitively inspecting the bond line for damage; repetitively performing a proof load test of the TRDS assembly; and depending on the results of the inspections or the proof load tests, removing an affected TRDS from service and replacing it with a serviceable TRDS. This AD also prohibits installing a TRDS unless it meets certain requirements, as specified in a Transport Canada AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. (Pilatus) Model PC-12/47E 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 identifies the unsafe condition as corrosion of the actuator attachment lug areas underneath the anti-rotation pads of the main landing gear (MLG) and nose landing gear (NLG). This AD requires replacing certain MLG and NLG electro-mechanical actuators. The FAA is issuing this AD to address the unsafe condition on these products.

The Department of Energy (DOE) invites public comment on a proposed collection of information that DOE is developing for submission to the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995.

The Gulf of Mexico Fishery Management Council (Council) will hold a three-day in-person meeting of its Standing, Reef Fish, Socioeconomic, and Ecosystem Scientific and Statistical Committees (SSC).

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance entitled ``Peripheral Percutaneous Transluminal Angioplasty (PTA) and Specialty CathetersPremarket Notification (510(k)) Submissions.'' FDA is issuing this final guidance document to provide recommendations for 510(k) submissions for peripheral percutaneous transluminal angioplasty (PTA) balloons and specialty catheters (e.g., infusion catheters, PTA balloon catheters for in-stent restenosis (ISR), scoring/cutting balloons).

The Forest Service, U.S. Department of Agriculture, is revising the Ashley National Forest's Land Management Plan (Plan). The Forest Service has prepared a Final Environmental Impact Statement (FEIS) for its revised Plan and a draft Record of Decision (ROD). This notice is to inform the public that the Ashley National Forest is initiating a 60-day period where individuals or entities with specific concerns about the Ashley National Forest's revised Plan and the associated FEIS may file objections for Forest Service review prior to the approval of the revised Plan. This is also an opportunity to object to the Regional Forester's list of species of conservation concern for the Ashley National Forest.

In compliance with the requirement for opportunity for public comment on proposed data collection projects of the Paperwork Reduction Act of 1995, HRSA announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

Notice is hereby given that the U.S. International Trade Commission has determined to issue a limited exclusion order (``LEO'') barring entry of certain infringing refrigerator water filtration devices and components thereof that are imported by or on behalf of: Freshlab LLC of Gainesville, Florida; Isave Strategic Marketing Group LLC d/b/a Isave of New York, New York; GT Sourcing Inc. d/b/a GT Sourcing of Monsey, New York; Refresh Filters LLC d/b/a Refresh My Water of New York, New York; All Filters LLC d/b/a Allfilters of Salt Lake City, Utah; Jiangsu Angkua Environmental Technical Co., Ltd. of Nantong, China (``Jiangsu''); Shenzen Hangling E-Commerce Co. Ltd d/b/a Best Belvita of Elmhurst, Illinois; Qinghaishunzexiaofangjianceyouxiang Ongsi d/b/a Ezeey of Xining City, China; and Zhang Ping d/b/a Ice Water Filter of Dongyang, China (collectively, ``Defaulting Respondents''). The Commission has also determined to issue cease and desist orders (``CDOs'') against all of the Defaulting Respondents except Jiangsu. The investigation is terminated.