May 3, 2023 – Federal Register Recent Federal Regulation Documents
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Procedures for Implementing the National Environmental Policy Act
The National Aeronautics and Space Administration (NASA) is proposing to amend and update its regulations for implementing the National Environmental Policy Act of 1969 (NEPA). The proposed amendments would update NASA's regulations to better align with the Agency's current and near future actions, adjust the level of NEPA review and documentation required for certain actions, and provide more concise descriptions of NASA actions. Additionally, consistent with NASA's requirement to review existing Categorical Exclusions (CatExs) at least every seven years to determine whether modifications, additions, or deletions are appropriate, this proposed rule incorporates updates to NASA's CatExs based on that review.
Department of Defense (DoD) Defense Industrial Base (DIB) Cybersecurity (CS) Activities
The DoD is proposing revisions to the eligibility criteria for the voluntary Defense Industrial Base (DIB) Cybersecurity (CS) Program. These revisions will allow a broader community of defense contractors to benefit from bilateral information sharing as when this proposed rule is finalized all defense contractors who are subject to mandatory cyber incident reporting will be able to participate. DoD is also proposing changes to definitions and some technical corrections for readability.
Medicaid Program; Medicaid and Children's Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality
This proposed rule would advance CMS' efforts to improve access to care, quality and health outcomes, and better address health equity issues for Medicaid and Children's Health Insurance Program (CHIP) managed care enrollees. The proposed rule would specifically address standards for timely access to care and States' monitoring and enforcement efforts, reduce burden for some State directed payments and certain quality reporting requirements, add new standards that would apply when States use in lieu of services and settings (ILOSs) to promote effective utilization and specify the scope and nature of ILOS, specify medical loss ratio (MLR) requirements, and establish a quality rating system for Medicaid and CHIP managed care plans.
Medicaid Program; Ensuring Access to Medicaid Services
This proposed rule takes a comprehensive approach to improving access to care, quality and health outcomes, and better addressing health equity issues in the Medicaid program across fee-for-service (FFS), managed care delivery systems, and in home and community-based services (HCBS) programs. These proposed improvements seek to increase transparency and accountability, standardize data and monitoring, and create opportunities for States to promote active beneficiary engagement in their Medicaid programs, with the goal of improving access to care.
Exceptions to Geographic Boundaries
This final rule sets forth a process by which applicants for official grain inspection services (applicants) may request a service exception, allowing an official agency (OA) to cross boundary lines and perform services outside of its assigned geographic area. While four exception types are authorized in the United States Grain Standards Act (USGSA or Act), this final rule focuses on two: the inability to provide services in a timely manner and the nonuse of service from the OA assigned to the applicant's geographic area (assigned OA). This final rule establishes a three-tiered system under which applicants can request a one-time, 90-day, or long-term timely service exception due to untimely service issues. This rule provides that nonuse of service exception requests must be preceded by ninety days without service from the assigned OA. This final rule further amends the regulations to provide criteria the Federal Grain Inspection Service (``FGIS'' or ``the Service'') will use to review, validate, and determine whether to grant service exception requests. This final rule also establishes a process that allows an assigned OA to challenge requests for service exceptions. Finally, this rule provides for FGIS review to ensure the validity of requests.
Incentives for Advanced Cybersecurity Investment
The Federal Energy Regulatory Commission is revising its regulations to provide incentive-based rate treatment for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by utilities for the purpose of benefitting consumers by encouraging investments by utilities in Advanced Cybersecurity Technology and participation by utilities in cybersecurity threat information sharing programs, as directed by the Infrastructure Investment and Jobs Act of 2021.
Section 367(d) Rules for Certain Repatriations of Intangible Property
This document contains proposed regulations that, in certain cases, would terminate the continued application of certain tax provisions arising from a previous transfer of intangible property to a foreign corporation when the intangible property is repatriated to certain United States persons. The proposed regulations would affect certain United States persons that previously transferred intangible property to a foreign corporation.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold an online public meeting.
Western Pacific Fishery Management Council (Council); Public Meeting
The Western Pacific Stock Assessment Review (WPSAR) Steering Committee will convene a public meeting to discuss and approve the 5- year calendar for stock assessments, and to address any other concerns related to the WPSAR process.
Horseracing Integrity and Safety Act: Anti-Doping and Medication Control Rule
The Federal Trade Commission modifies the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control Rule by extending its date of effectiveness until May 22, 2023.
Supporting Competition in the AbilityOne Program; Extension of Comment Period
On March 13, 2023, the Committee for Purchase from People Who Are Blind or Severely Disabled (Committee), operating as the U.S. AbilityOne Commission (Commission), published a proposed rule, Supporting Competition in the AbilityOne Program, with a 60-day comment period ending on May 11, 2023. The Commission has determined that a 30- day extension of the comment period, until June 12, 2023, is appropriate. The Commission is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.
American Society of Mechanical Engineers Code Cases and Update Frequency; Extension of Comment Period
On March 6, 2023, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on proposed amendments to its regulations to incorporate by reference proposed revisions to three regulatory guides, which would approve new, revised, and reaffirmed code cases published by the American Society of Mechanical Engineers. In addition, the rulemaking proposed to extend the time periods required for licensees to update their codes of record. The public comment period was originally scheduled to close on May 5, 2023. The NRC has decided to extend the public comment period by an additional 42 days to June 16, 2023, to allow more time for members of the public to develop and submit their comments.
New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications
The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs), abbreviated new animal drug applications (ANADAs), and conditionally approved new animal drug applications (cNADAs) during January, February, and March 2023. FDA is informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to improve their accuracy and readability.
Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA)
The Environmental Protection Agency (EPA) is proposing to address the unreasonable risk of injury to human health presented by methylene chloride under its conditions of use as documented in EPA's June 2020 Risk Evaluation for Methylene Chloride and November 2022 revised risk determination for methylene chloride prepared under the Toxic Substances Control Act (TSCA). TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. Methylene chloride, also known as dichloromethane, is acutely lethal, a neurotoxicant, a likely human carcinogen, and presents cancer and non-cancer risks following chronic exposures as well as acute risks. Central nervous system depressant effects can result in loss of consciousness and respiratory depression, resulting in irreversible coma, hypoxia, and eventual death, including 85 documented fatalities from 1980 to 2018, a majority of which were occupational fatalities (see Unit II.A.). Nevertheless, methylene chloride is still a widely used solvent in a variety of consumer and commercial applications including adhesives and sealants, automotive products, and paint and coating removers. To address the identified unreasonable risk, EPA is proposing to: prohibit the manufacture, processing, and distribution in commerce of methylene chloride for consumer use; prohibit most industrial and commercial uses of methylene chloride; require a workplace chemical protection program (WCPP), which would include a requirement to meet inhalation exposure concentration limits and exposure monitoring for certain continued conditions of use of methylene chloride; require recordkeeping and downstream notification requirements for several conditions of use of methylene chloride; and provide certain time-limited exemptions from requirements for uses of methylene chloride that would otherwise significantly disrupt national security and critical infrastructure.
Draft Regulatory Guide: Quality Assurance Program Criteria (Design and Construction)
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1403, ``Quality Assurance Program Criteria (Design and Construction).'' This DG is proposed Revision 6 of Regulatory Guide (RG) 1.28 of the same name. The proposed revision endorses Nuclear Energy Institute (NEI) 14-05A, ``Guidelines for the Use of Accreditation in Lieu of Commercial Grade Surveys for Procurement of Laboratory Calibration and Test Services,'' Revision 1, issued November 2020, as an acceptable approach for licensees and suppliers subject to the quality assurance (QA) requirements of NRC regulations. Also in this proposed revision, the NRC staff endorses the Part I and Part II requirements included in NQA- 1-2017, NQA-1-2019, and NQA-1-2022 for the implementation of a QA program during the design and construction phases of nuclear power plants and fuel reprocessing plants.
Copyright Claims Board: Agreement-Based Counterclaims
The U.S. Copyright Office is amending its regulations governing Copyright Claims Board proceedings to address the filing of agreement- based counterclaims and related discovery requirements.
Removal of Freedom of Information Act Regulation Issued by National Foundation on the Arts and the Humanities
This rulemaking rescinds the National Foundation on the Arts and the Humanities' (the ``Foundation'') regulations implementing the Freedom of Information Act (``FOIA''). These regulations are obsolete because each of the Foundation's constituent agenciesthe National Endowment for the Arts (``NEA''), the National Endowment for the Humanities (``NEH''), the Institute of Museum and Library Services (``IMLS''), and the Federal Council on the Arts and the Humanities (``FCAH'')either have adopted their own, agency-specific regulations, or are not required to implement Freedom of Information Act regulations.
Sentencing Guidelines for United States Courts
The United States Sentencing Commission hereby gives notice that the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index; and the Commission requests comment regarding whether Parts A and B of Amendment 8, relating to ``status points'' and certain offenders with zero criminal history points, should be included in the Guidelines Manual as an amendment that may be applied retroactively to previously sentenced defendants. This notice sets forth the text of the amendments and the reason for each amendment, and the request for comment regarding Parts A and B of Amendment 8.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
FMCSA announces its decision to exempt 11 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti- seizure medication to operate CMVs in interstate commerce.
Notice of Public Meeting of the Minnesota Advisory Committee to the U.S. Commission on Civil Rights
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Minnesota Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a public meeting via Zoom at 12:30 p.m. CT on Thursday, June 8, 2023, to discuss the Committee's project on housing affordability in the state.
Notice of Public Meeting of the Minnesota Advisory Committee to the U.S. Commission on Civil Rights
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Minnesota Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a public meeting via Zoom at 12:30 p.m. CT on Thursday, May 25, 2023, to discuss the Committee's draft project proposal on housing affordability in the state.
Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2023 total allowable catch of Pacific cod by vessels using jig gear in the Central Regulatory Area of the GOA.
Filing of Color Additive Petition From Environmental Defense Fund, et al.; Request To Revoke Color Additive Listing for Use of Titanium Dioxide in Food
The Food and Drug Administration (FDA or we) is announcing that we have filed a color additive petition, submitted by Environmental Defense Fund, et al., proposing that FDA repeal the color additive regulation providing for the use of titanium dioxide in foods.
Determination That Levitra (Vardenafil Hydrochloride) Oral Tablets, 5 Milligrams, 10 Milligrams, and 20 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness
The Food and Drug Administration (FDA or Agency) has determined that Levitra (vardenafil hydrochloride) oral tablets, 5 milligrams (mg), 10 mg, and 20 mg, were not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to these drug products, and it will allow FDA to continue to approve ANDAs that refer to these products as long as they meet relevant legal and regulatory requirements.
Non-Refillable Steel Cylinders From India; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation nos. 701-TA-689 and 731-TA-1618 (Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of non-refillable steel cylinders from India, provided for in heading 7311.00.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of India. Unless the Department of Commerce (``Commerce'') extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by June 9, 2023. The Commission's views must be transmitted to Commerce within five business days thereafter, or by June 20, 2023.
Accrediting Agencies Currently Undergoing Review for the Purpose of Recognition by the U.S. Secretary of Education
This notice provides information to members of the public on submitting written comments for accrediting agencies currently undergoing review for the purpose of recognition by the U.S. Secretary of Education.
Agency Information Collection Activities: Proposed Collection; Comment Request-The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Breastfeeding Award of Excellence
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for awarding local agencies for excellence in WIC breastfeeding services and support.
Agency Information Collection Activities; Notice and Request for Comment; State Data Transfer for Vehicle Crash Information
The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a modification of a currently approved information collection. Before a Federal agency can collect certain information from the public, it must receive approval from OMB. Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval on State Data Transfer for Vehicle Crash Information collection.
Agency Information Collection Activities: Proposed Collection; Public Comment Request; Application and Other Forms Used by the National Health Service Corps Scholarship Program, the NHSC Students to Service Loan Repayment Program, and the Native Hawaiian Health Scholarship Program
In compliance with the Paperwork Reduction Act of 1995, HRSA submitted an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public during the review and approval period. OMB may act on HRSA's ICR only after the 30-day comment period for this notice has closed.
Findings of Research Misconduct
Findings of research misconduct have been made against Johnny J. He, Ph.D. (Respondent), who is a Professor, Department of Microbiology and Immunology, Rosalind Franklin University of Medicine and Science (RFUMS). Respondent engaged in research misconduct in research reported in grant applications submitted for U.S. Public Health Service (PHS) funds, specifically U01 DA056010-01 and DP1 DA056160-01 submitted to the National Institute on Drug Abuse (NIDA), National Institutes of Health (NIH), R01 AG078019-01 submitted to the National Institute on Aging (NIA), NIH, and R35 NS127233-01 submitted to the National Institute of Neurological Disorders and Stroke (NINDS), NIH. The administrative actions, including supervision for a period of three (3) years, were implemented beginning on April 17, 2023, and are detailed below.
Request for Information; Automated Worker Surveillance and Management
Employers are increasingly using automated systems to monitor, manage, and evaluate their workers. These systems may allow employers to manage supply chains, improve health and safety, or make other informed business decisions. At the same time, applications of surveillance and monitoring systems can also pose risks to workers, including to their health and safety, equal employment opportunities, privacy, ability to meet critical needs, access to workplace accommodations, and exercise of workplace and labor rights, including their rights to form or join a labor union. The White House Office of Science and Technology Policy (OSTP) seeks comments from the public to better understand automated surveillance and management of workers, including its prevalence, purposes, deployment, and impacts, as well as opportunities for Federal agencies to work with employers, workers, and other stakeholders to ensure that these systems do not undermine workers' rights, opportunities, access, health, or safety.
Agency Information Collection Activity Under OMB Review: Native American Direct Loan (NADL) Processing Requirements
In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument.
Certain Freight Rail Couplers and Parts Thereof From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
The U.S. Department of Commerce (Commerce) preliminarily determines that certain freight rail couplers and parts thereof (freight rail couplers) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2021, through June 30, 2022. Interested parties are invited to comment on this preliminary determination.
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Determination of No Shipments; 2021-2022
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole mandatory respondent under review sold subject merchandise at less than normal value (NV) during the period of review (POR) April 1, 2021, through March 31, 2022. Additionally, Commerce preliminarily finds that one company had no shipments of subject merchandise during the POR and that it is appropriate to rescind this review with respect to 22 companies because all requests for review of these companies were withdrawn. Interested parties are invited to comment on these preliminary results.
Submission for Review: 3206-0128, Application for Refund of Retirement Deductions (CSRS)-SF 2802 and Current/Former Spouse's Notification of Application for Refund of Retirement Deductions Under CSRS-SF 2802A
Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an expiring information collection request (ICR), without change, Application for Refund of Retirement Deductions Under the Civil Service Retirement System, SF 2802 and Current/Former Spouse's Notification of Application for Refund of Retirement Deductions Under the Civil Service Retirement System, SF 2802A.
Submission for Review: 3206-0226, It's Time To Sign Up for Direct Deposit or Direct Express, RI 38-128
Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an expiring information collection request (ICR), without change, It's Time to Sign Up for Direct Deposit or Direct Express, RI 38-128.
Submission for Review: 3206-0138, Reinstatement of Disability Annuity Previously Terminated Because of Restoration to Earning Capacity, RI 30-9
Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an existing information collection request (ICR), without change, Reinstatement of Disability Annuity Previously Terminated Because of Restoration to Earning Capacity, RI 30-9.
Notice of Intent To Grant an Exclusive License With a Joint Ownership Agreement
Pursuant to the Bayh-Dole Act and implementing regulations, the Department of the Air Force hereby gives notice of its intent to grant an exclusive license with a joint ownership agreement to Tensor Networks, an Inc. duly organized, validly existing, and in good standing in the State of California having a place of business at 1289 Reamwood Ave., Ste. G, Sunnyvale, CA 94089.
Submission for Review: 3206-0237, Information and Instructions on Your Reconsideration Rights, RI 38-47
Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on an expiring information collection request (ICR), without change, Information and Instruction on Your Reconsideration Rights, RI 38-47.
Notice of Intent To Grant a Partially Exclusive Patent License
Pursuant to the Bayh-Dole Act and implementing regulations, the Department of the Air Force hereby gives notice of its intent to grant a partially exclusive patent license (in the fields of commercial and defense composite manufacturing using structural bonding; load bearing bonding; and electrical bonding) to Unmanned Systems IncorporatedDBA Albers Aerospace, a C Corporation duly organized, validly existing, and in good standing in the State of Nevada, having a place of business at 1476 Industrial Blvd., McKinney TX.
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