May 23, 2023 – Federal Register Recent Federal Regulation Documents
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Applications for New Awards; Education Innovation and Research (EIR) Program-Mid-Phase Grants
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2023 for the EIR program Mid-phase Grants, Assistance Listing Number 84.411B (Mid-phase Grants). This notice relates to the approved information collection under OMB control number 1894-0006.
Applications for New Awards; Education Innovation and Research (EIR) Program-Expansion Grants
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2023 for the EIR program Expansion Grants, Assistance Listing Number 84.411A (Expansion Grants). This notice relates to the approved information collection under OMB control number 1894-0006.
Applications for New Awards; Education Innovation and Research (EIR) Program-Early-Phase Grants
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2023 for the EIR program Early-phase Grants, Assistance Listing Number 84.411C (Early-phase Grants). This notice relates to the approved information collection under OMB control number 1894-0006.
Airworthiness Directives; Leonardo S.p.a. Helicopters
The FAA is superseding Emergency Airworthiness Directive (AD) 2023-07-51, which applied to all Leonardo S.p.a. Model AB139 and AW139 helicopters and which was previously sent to all known U.S. owners and operators of those helicopters. Emergency AD 2023-07-51 required inspecting for a gap between the main rotor (M/R) pitch link upper rod end assembly bearing and the pitch control lever assembly and, depending on the results, replacing or re-identifying the M/R pitch link upper rod end assembly. Emergency AD 2023-07-51 also prohibited installing an affected M/R pitch link upper rod end assembly. Since the FAA issued Emergency AD 2023-07-51, it has been determined that a gap between the M/R pitch link upper rod end assembly bearing and the pitch control lever assembly that is within a certain dimension tolerance is acceptable. This AD continues to require the actions in Emergency AD 2023-07-51, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference in this AD, but allows a gap of less than 0.5 mm. The FAA is issuing this AD to address the unsafe condition on these products.
Request for Comments on the Renewal of a Previously Approved Information Collection: Application and Reporting Elements for Participation in the Tanker Security Program
The Maritime Administration (MARAD) invites public comments on our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The proposed collection OMB 2133-0554 (Application and Reporting Elements for Participation in the Tanker Security Program) will be used to evaluate the eligibility of the applicant for participation in the Tanker Security Program (TSP). A minor change request to include a privacy act statement for the collection of personally identifiable information will be added to the form for this collection. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. A 60-day Federal Register Notice soliciting comments on this information collection was published on March 20, 2023.
Safety Zone; Shrewsbury River, S-32 Bridge, Boroughs of Rumson and Sea Bright, NJ
The Coast Guard is proposing to establish a temporary safety zone on the navigable waters of the Shrewsbury River, within a 100-yard radius of the center point of the S-32 Bridge on County Route 520 (Rumson Road), in the boroughs of Rumson and Sea Bright, New Jersey. The safety zone will include the East and West navigational channels and will temporarily close down a portion of the Shrewsbury River under the S-32 Bridge. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the bridge construction. When enforced, entry of vessels or persons into this zone during the enforcement periods is prohibited unless specifically authorized by the Captain of the Port New York or a designated representative. We invite your comments on this proposed rulemaking.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
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.
Certain Preserved Mushrooms From the Netherlands, Poland, and Spain: Antidumping Duty Orders
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on certain preserved mushrooms (preserved mushrooms) from the Netherlands, Poland, and Spain.
Agency Information Collection Request. 30-Day Public Comment Request
In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment.
Commission Information Collection Activities (Proposed FERC-1002); Comment Request
In compliance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission or FERC) staff is soliciting public comment on proposed FERC-1002 (Customer Engagement Management Survey), which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements. FERC also hereby terminates proposed FERC-1001 (Hotline and Helpline Survey), consistent with the PRA. The Commission received no comments on the 60-day notice published September 8, 2022 in the Federal Register.
Regulated Navigation Area; Hampton Roads,VA
The Coast Guard is amending the Chesapeake Bay entrance and Hampton Roads, VA and adjacent watersRegulated Navigation Area. Officially codified in 2003, the need for this review and update of the Regulated Navigation Area has been prompted by changes in the organizational structure, responsibilities and shipboard requirements over the last 20 years. The Coast Guard is removing outdated or redundant language and requirements, including those related to port security. This action will provide administrative changes and amend vessel reporting requirements operating within the Regulated Navigation Area during Maritime Security Level 1.
New Postal Products
The Commission is noticing a recent Postal Service filing for the Commission's consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Notice of Request for an Extension of a Currently Approved Information Collection
This notice announces a public comment period on the information collection request (ICR) associated with the Area Risk Protection Insurance (ARPI).
Request for Comments Regarding the Motion To Amend Pilot Program and Rules of Practice To Allocate the Burdens of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
The United States Patent and Trademark Office (USPTO or Office) currently implements a pilot program for motion to amend (MTA) practice and procedures in trial proceedings under the America Invents Act (AIA) before the Patent Trial and Appeal Board (PTAB or Board). The USPTO seeks public comments on whether the MTA Pilot Program's procedures should be made permanent, and if so, whether any modifications would be beneficial. Additionally, the USPTO previously issued rulemaking covering the allocation of the burdens of persuasion in MTA proceedings. The USPTO seeks public input on the practical effects of the rules on the parties and AIA proceedings, and whether modifications to the rules, or additional guidance on implementing the rules, would be beneficial. Lastly, the USPTO seeks input on whether the Board should have broader authority to raise sua sponte grounds in the MTA process.
Privacy Act of 1974; Implementation
In the notice section of today's Federal Register, the Office of Privacy and Civil Liberties (hereinafter OPCL), a component within the United States Department of Justice (DOJ or Department), has published a notice of a new system of records, Data Protection Review Court Records System, JUSTICE/OPCL-001. In this notice of proposed rulemaking, the OPCL proposes to exempt this system of records from certain provisions of the Privacy Act to protect national security and law enforcement sensitive information, preserve judicial independence, and ensure the integrity of adjudicatory records in cases before the Data Protection Review Court (``DPRC''). For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act. Public comment is invited.
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Office of Privacy and Civil Liberties (hereinafter OPCL), a component within the United States Department of Justice (DOJ or Department), proposes to develop a new system of records titled Data Protection Review Court Records System, JUSTICE/OPCL-001. The OPCL proposes to establish this system of records to maintain records of matters reviewed by and decisions made by the Data Protection Review Court (DPRC) concerning determinations made by the Civil Liberties Protection Officer of the Office of the Director of National Intelligence in response to complaints that allege certain violations of United States law in the conduct of United States signals intelligence activities.
Montana Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). During the 2019 legislative session, Montana updated its Montana Strip and Underground Mine Reclamation Act and Montana Code Annotated. Accordingly, Montana submitted this proposed amendment to OSMRE on its own initiative. The proposed amendment requires a permit applicant's compliance information to be updated and approved if a bankruptcy or reorganization results in a change of ownership for the applicant. Furthermore, the proposed amendment requires permit owners to provide financial assurance for employee pensions. Lastly, Montana proposes a typographical correction. This document gives the times and locations that the Montana program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Technical Amendments to Form BD and Form BDW
The Securities and Exchange Commission (``Commission'') is making technical amendments to Form BD and Form BDW, the uniform broker-dealer registration form and the uniform request for withdrawal from broker-dealer registration, respectively. The technical amendments will update the current list of self-regulatory organizations (``SROs'') and government jurisdictions listed on Form BD and Form BDW, and make conforming changes to the definition of ``jurisdiction'' in the forms.
Removal of Expiration Date on a Flight Instructor Certificate; Additional Qualification Requirements To Train Initial Flight Instructor Applicants; and Other Provisions
The FAA proposes to amend the flight instructor certificate renewal requirements by changing the existing renewal requirements to recent experience requirements and adding a new method for persons to establish recent flight instructor experience. This rulemaking would also allow a flight instructor whose recent experience has lapsed by no more than three calendar months to reinstate flight instructor privileges by taking an approved flight instructor refresher course rather than completing a flight instructor certification practical test. Additionally, the FAA proposes to amend the qualification requirements for flight instructors seeking to provide training to initial flight instructor applicants by adding two new methods under which a flight instructor may become qualified to provide this training. Lastly, the FAA proposes to relocate and codify the requirements of a Special Federal Aviation Regulation into the regulations.
New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule
In this document, the Environmental Protection Agency (EPA) is proposing five separate actions under section 111 of the Clean Air Act (CAA) addressing greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs). The EPA is proposing revised new source performance standards (NSPS), first for GHG emissions from new fossil fuel-fired stationary combustion turbine EGUs and second for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification, based upon the 8-year review required by the CAA. Third, the EPA is proposing emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs, which include both coal-fired and oil/gas-fired steam generating EGUs. Fourth, the EPA is proposing emission guidelines for GHG emissions from the largest, most frequently operated existing stationary combustion turbines and is soliciting comment on approaches for emission guidelines for GHG emissions for the remainder of the existing combustion turbine category. Finally, the EPA is proposing to repeal the Affordable Clean Energy (ACE) Rule.
Vetting of Certain Surface Transportation Employees
The Transportation Security Administration (TSA) is proposing a regulation to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) that require security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. In accordance with the 9/11 Act, TSA proposes to require security-sensitive employees of certain public transportation operators and railroads to undergo a Level 2 security threat assessment (STA) that includes an immigration check and terrorism watchlist check to determine whether the applicant may pose a security threat. Further, TSA proposes to require security coordinators of certain public transportation, railroad, and OTRB operators to undergo a Level 3 STA, which includes the Level 2 check plus a criminal history records check. TSA proposes appeal and waiver procedures for individuals who are adversely impacted by the vetting. Finally, TSA proposes to establish user fees to recover TSA's costs for vetting, as required by law.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat.
Collection or Recovery by VA for Humanitarian Care or Services and for Certain Other Care and Services
The Department of Veterans Affairs (VA) adopts as final, with a minor technical change, a proposed rule to revise its regulations concerning reimbursement rates for health care that VA provides to individuals who are not otherwise eligible for such care as veterans or other VA beneficiaries. This rulemaking revises several medical regulations to be consistent with applicable law, to remove obsolete provisions, and to clarify the provision of VA health care to individuals who are not otherwise eligible for such care as veterans or other VA beneficiaries.
Kentucky Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Kentucky regulatory program (hereinafter, the Kentucky program), under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposes to revise their regulations regarding the qualifications of members of the Reclamation Guaranty Fund Commission. This document gives the times and locations that the Kentucky program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Pennsylvania Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania regulatory program (hereinafter, the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania is requesting to adopt changes to its regulations related to the language defining ``minimal-impact post-mining discharge'' and the addition of ``minimal- impact post-mining discharge'' as a subset in the definition of post- mining pollutional discharge. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
West Virginia Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia regulatory program (hereinafter, the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The West Virginia Department of Environmental Protection (WVDEP) seeks to amend its statutory provisions to develop and maintain a database to track reclamation liabilities in the WVDEP Special Reclamation Program. This document gives the times and locations that the West Virginia program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Pennsylvania Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania regulatory program (hereinafter, the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this submission, Pennsylvania addresses regulations regarding water replacement provisions that were disapproved by us in 2005. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Airworthiness Directives; Honeywell International Inc. Engines
The FAA proposes to adopt a new airworthiness directive (AD) for all Honeywell International Inc. Model AS907-1-1A and AS907-2-1G engines. This proposed AD was prompted by reports of compressor surge, including a dual engine compressor surge, during takeoff climb out through a steep temperature inversion, causing a loss of engine thrust control. This proposed AD would require either the replacement of a certain electronic control unit (ECU) software version installed on AS907-1-1A engines with updated software or the replacement of certain ECUs installed on AS907-1-1A engines with ECUs eligible for installation. This proposed AD would also require the replacement of certain ECUs installed on AS907-2-1G engines with ECUs eligible for installation. The FAA is proposing this AD to address the unsafe condition on these products.
Public Workshop Examining Potential Amendments to the Funeral Rule
The Federal Trade Commission (``FTC'' or ``Commission'') will hold an in-person public workshop relating to its November 2, 2022, advance notice of proposed rulemaking (``2022 ANPR'') on the Trade Regulation Rule entitled the ``Funeral Industry Practices Rule'' (``Funeral Rule'' or ``Rule''). The workshop will explore issues relating to the Funeral Rule's General Price List (``GPL'') requirements, including whether and how funeral providers should be required to provide price lists electronically or online, and other issues raised in the comments received in response to the 2022 ANPR.
60-Day Notice of Proposed Information Collection: Request for Advisory Opinion
The Department of State (Department) is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.
Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls
In response to the Russian Federation's (Russia's) ongoing aggression against Ukraine, as substantially enabled by Belarus, the Department of Commerce is strengthening its existing sanctions under the Export Administration Regulations (EAR) against Russia and Belarus, including by expanding the scope of the EAR's Russian and Belarusian Industry Sector Sanctions and by expanding the foreign direct product rule that currently applies to Russia and Belarus to apply to the temporarily occupied Crimea region of Ukraine as well. Additionally, this rule revises recent restrictions targeting Iran's supply of Unmanned Aerial Vehicles to Russia. This rule also refines existing export controls on Russia and Belarus. The Department of Commerce is taking these actions to enhance the effectiveness of its controls on these countries and to better align them with those implemented by U.S. allies and partners.
Federal Travel Regulation (FTR); Relocation Allowance-Temporary Quarters Subsistence Expenses (TQSE)
The United States (U.S.) General Services Administration (GSA) is proposing to amend the Federal Travel Regulation (FTR) by implementing a third methodology for reimbursing temporary quarters subsistence expenses (TQSE) allowance and redefining the current methods of reimbursing TQSE to include, among others, lowering the percentage multipliers for calculating TQSE maximum daily amounts. The proposed rule would clarify that TQSE percentage multipliers cannot be adjusted for househunting days. The proposed rule also lists an exception to the ``reasonable proximity'' requirement for temporary quarters (TQ) located in a Presidentially-Declared Disaster area and allows agencies to authorize TQSE at the applicable locality per diem allowance or authorize actual expenses on an individual basis for TQ located in a Presidentially-Declared Disaster area. Instead of authorizing actual expenses on an individual basis, agencies can issue a blanket actual expense authorization for employees authorized to occupy TQ in Presidentially-Declared Disaster areas. The proposed rule would also update and clarify some TQSE sections and rearrange them into a more sequential order.
Electric Program Coverage Ratios Clarification and Modifications
The Rural Utilities Service (RUS or Agency), an agency in the United States Department of Agriculture (USDA) Rural Development Mission area, published a final rule with comment in the Federal Register on March 1, 2023, to modify its coverage ratio requirements, add an additional set of ratios, update definitions, and add definitions. Through this action, RUS is confirming the final rule as it was published as no public comments were received.
Notice of Southwest Colorado Resource Advisory Council Public Meetings
In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Colorado's Southwest Resource Advisory Council (RAC) will hold three public meetings in 2023 and early 2024.
Notice of Availability of Draft Air Tour Management Plans and Draft Environmental Assessments (EA) and Public Meetings; Correction
The Federal Aviation Administration, in cooperation with the National Park Service, published a document in the Federal Register on May 18, 2023, regarding the development of Air Tour Management Plans for Haleakal[amacr] National Park, Hawai`i Volcanoes National Park, Mount Rushmore National Memorial, and Badlands National Park pursuant to the National Parks Air Tour Management Act of 2000 and its implementing regulations. The document contained incorrect dates regarding the comment deadlines on the draft ATMPs and draft EAs.
Constellation Energy Generation, LLC; Limerick Generating Station, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) has issued amendments to Constellation Energy Generation, LLC (Constellation, the licensee) for Renewed Facility Operating License Nos. NPF-39 and NPF-85 for operation of the Limerick Generating Station, Units 1 and 2 (Limerick), located in Montgomery County, Pennsylvania. These amendments revise a license condition in each license to allow the use of an alternative seismic approach to categorizing structures, systems, and components in the licensee's application of NRC regulations. The NRC has also denied Constellation's request for amendments to Renewed Facility Operating License Nos. NPF-39 and NPF-85 for operation of Limerick to allow proposed alternative defense-in-depth and pressure boundary component processes for categorizing structures, systems, and components in the licensee's application of NRC regulations.
Reef Fish Fishery of the Gulf of Mexico; 2023 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper
NMFS implements an accountability measure (AM) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2023 fishing year through this temporary rule. NMFS has projected that the 2023 recreational annual catch target (ACT) for Gulf red grouper will have been reached by July 21, 2023. Therefore, NMFS closes the recreational sector for Gulf red grouper on July 21, 2023, and it will remain closed through the end of the fishing year on December 31, 2023. This closure is necessary to protect the Gulf red grouper resource.
Special Conditions: Dassault Aviation Model Falcon 6X Airplane; Flight Envelope Protection, Icing and Non-Icing Conditions; High-Incidence Protection
These special conditions are issued for the Dassault Aviation (Dassault) Model Falcon 6X airplane. This airplane will have novel or unusual design features associated with flight-envelope protections, in icing and non-icing conditions, that use high-incidence protection to automatically advance throttles when the airplane angle of attack (AoA) reaches a predetermined value. 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.
Petition for Exemption; Summary of Petition Received; Jet-A, LLC
This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
Petition for Exemption; Summary of Petition Received; LAN Cargo S.A.
This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
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