July 21, 2023 – Federal Register Recent Federal Regulation Documents
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Scoping Comment Period Extension for the Notice of Intent To Prepare an Environmental Impact Statement for an Enhanced Integrated Air and Missile Defense System on Guam
The MDA is extending the scoping comment period for the notice of intent titled ``Notice of Intent to Prepare an Environmental Impact Statement for an Enhanced Integrated Air and Missile Defense System on Guam,'' which published in the Federal Register on May 5, 2023. The MDA is extending the scoping period to August 18, 2023, in response to on- going Typhoon Mawar-related recovery efforts on Guam.
Safety Standard for Adult Portable Bed Rails
The U.S. Consumer Product Safety Commission (Commission or CPSC) has determined that there is an unreasonable risk of injury and death associated with entrapment and other hazards from adult portable bed rails (APBRs). CPSC has identified 284 fatal incidents related to entrapment by APBRs between January 2003 and December 2021. To address the risk, the Commission is promulgating a rule under the Consumer Product Safety Act (CPSA) to require that APBRs meet the requirements of the existing voluntary standard for APBRs, with modifications. CPSC estimates that the final rule will provide up to $298 million per year in societal benefits, while the costs associated with the rule's requirements are expected to be approximately $2 million per year.
Improve Tracking of Workplace Injuries and Illnesses
OSHA is amending its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA is amending its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. OSHA will not collect employee names or addresses, names of health care professionals, or names and addresses of facilities where treatment was provided if treatment was provided away from the worksite from the Forms 300 and 301. Establishments with 20 to 249 employees in certain industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. All establishments with 250 or more employees that are required to keep records under OSHA's injury and illness regulation will also continue to be required to electronically submit information from their Form 300A to OSHA on an annual basis. OSHA is also updating the NAICS codes used in appendix A, which designates the industries required to submit their Form 300A data, and is adding appendix B, which designates the industries required to submit Form 300 and Form 301 data. In addition, establishments will be required to include their company name when making electronic submissions to OSHA. OSHA intends to post some of the data from the annual electronic submissions on a public website after identifying and removing information that could reasonably be expected to identify individuals directly, such as individuals' names and contact information.
Removal of Title V Emergency Affirmative Defense Provisions From State Operating Permit Programs and Federal Operating Permit Program
The Environmental Protection Agency (EPA) is removing the ``emergency'' affirmative defense provisions from the EPA's title V operating permit program regulations. These provisions established an affirmative defense that sources could have asserted in enforcement cases brought for noncompliance with technology-based emission limitations in operating permits, provided that the exceedances occurred due to qualifying emergency circumstances. These provisions, which have never been required elements of state operating permit programs, are being removed because they are inconsistent with the EPA's interpretation of the enforcement structure of the Clean Air Act (CAA or the Act) in light of prior court decisions from the U.S. Court of Appeals for the D.C. Circuit. The removal of these provisions is also consistent with other recent EPA actions involving affirmative defenses and would harmonize the EPA's treatment of affirmative defenses across different CAA programs. Through this document, the EPA is also providing guidance on the implementation process resulting from the removal of the emergency affirmative defense provisions from the EPA's regulations, including the need for some state, local, and tribal permitting authorities to submit program revisions to the EPA to remove similar title V affirmative defense provisions from their EPA-approved title V programs, and to remove similar provisions from individual operating permits.
Partnership for Peace Fund Advisory Board; Notice of Meeting
The United States Agency for International Development (USAID) announces a public meeting, and requests public comment for the third meeting of the Partnership for Peace Fund (PPF) Advisory Board to receive further information on the DFC's Joint Investment for Peace Initiative under MEPPA; discuss feedback and insights from the recent Board trip to Israel and the West Bank; and provide recommendations for peacebuilding programming at USAID. A portion of this meeting will be closed to the public.
Suspended Counterparty Program
The Federal Housing Finance Agency (FHFA) is proposing to amend the existing Suspended Counterparty Program (SCP) regulation. FHFA proposes to expand the categories of covered misconduct on which a suspension could be based to include sanctions arising from certain forms of civil enforcement. The proposed rule would also eliminate the requirement that any final suspension order be preceded by a proposed suspension order, but only when the suspension is based on an administrative sanction.
Interagency Guidance on Reconsiderations of Value of Residential Real Estate Valuations
The Board, CFPB, FDIC, NCUA, and OCC (together, the agencies) are issuing proposed guidance that would highlight risks associated with deficient residential real estate valuations and describe how financial institutions may incorporate reconsiderations of value (ROV) processes and controls into established risk management functions. The proposed guidance would also highlight examples of policies and procedures that a financial institution may choose to establish to help identify, address, and mitigate the risk of discrimination impacting residential real estate valuations.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) abstracted below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.
Pacific Halibut Fisheries of the West Coast; Catch Sharing Plan; Inseason Action
NMFS announces inseason actions for certain subareas in the Pacific halibut recreational fishery in the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. Specifically, this action adds the following fishing dates: the Washington Puget Sound subarea to open 7 days per week from August 17 through September 30; the Washington North Coast subarea to open 7 days per week from August 17 through September 30; the Columbia River and Washington South Coast subareas to open August 26 and 27, September 8, 9, and 22; and Oregon Central Coast subarea to open 7 days per week from August 3 through October 31. This action is intended to conserve Pacific halibut and provide angler opportunity where available.
Notice of Availability of a Draft Environmental Assessment for a Wind Energy Research Lease on the Atlantic Outer Continental Shelf Offshore Maine
BOEM announces the availability of the draft environmental assessment (EA) for the potential issuance of a wind energy research lease to the State of Maine. The draft EA analyzes the potential environmental impacts of the site characterization and site assessment activities that are expected to take place should this research lease be issued. This notice of availability (NOA) announces the start of the public review and comment period, as well as the dates and times for public meetings on the draft EA. After BOEM holds the public meetings and addresses public comments submitted during the review period, BOEM will publish a final EA. The EA will inform BOEM's decision whether to issue the research lease.
Notice of Availability of the Revolution Wind Farm and Revolution Wind Export Cable Project Final Environmental Impact Statement
The Bureau of Ocean Energy Management (BOEM) announces the availability of the final environmental impact statement (FEIS) for the construction and operations plan (COP) submitted by Revolution Wind, LLC (Revolution Wind) for its proposed Revolution Wind Farm and Revolution Wind Export Cable Project (Project) offshore Rhode Island. The FEIS analyzes the potential environmental impacts of the Project as described in the COP (the proposed action) and the alternatives to the proposed action. The FEIS will inform BOEM's decision whether to approve, approve with modifications, or disapprove the COP.
Recruitment and Selection Through Competitive Examination, and Employment in the Excepted Service (Rule of Many)
The Office of Personnel Management (OPM) is proposing regulations to implement changes authorized by the National Defense Authorization Act (NDAA) for Fiscal Year 2019 governing the selection of candidates from competitive lists of those who are eligible. These changes will provide expanded flexibility to agencies in the selection of candidates under delegated examining procedures. These changes also affect how agencies select candidates for excepted service appointments.
Air Approval Plan; Arkansas; Excess Emissions
Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is proposing to approve two revisions to the Arkansas State Implementation Plan (SIP) submitted by the Governor of the State of Arkansas on May 12, 2022, and November 1, 2022. The revisions were submitted in response to a finding of substantial inadequacy and SIP call published by EPA on June 12, 2015, which included certain provisions in the Arkansas SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. The submittals request the removal of the provisions identified in the 2015 SIP call from the Arkansas SIP. EPA is proposing to determine that the removal of these substantially inadequate provisions from the SIP will correct the deficiencies in the Arkansas SIP identified in the June 12, 2015 SIP call.
Finding of Failure to Attain the 1987 24-Hour PM10 Standards; Pinal County, Arizona
The Environmental Protection Agency (EPA) is taking final action to determine that the West Pinal County, Arizona nonattainment area (``West Pinal County'' or ``area'') did not attain the 1987 24- hour national ambient air quality standards (NAAQS or ``standards'') for particulate matter with a diameter of 10 micrometers or smaller (PM10) by its December 31, 2022 ``Serious'' area attainment date. This action is based on the EPA's calculation of the PM10 design value for the nonattainment area over the 2020- 2022 period, using complete, quality-assured, and certified PM10 monitoring data. With this final determination that West Pinal County has failed to attain the PM10 NAAQS by its attainment date, the State of Arizona is required to submit a revision to the Arizona state implementation plan (SIP) that, among other elements, provides for expeditious attainment of the PM10 standards and for a five percent annual reduction in the emissions of direct PM10 or a PM10 plan precursor pollutant in the nonattainment area.
Partial Repeal of Consolidated Federal Oil & Gas and Federal & Indian Coal Reform
ONRR is republishing and revising certain subparts of its regulations to implement an order and judgment from the United States District Court for the District of Wyoming that vacated the Federal and Indian coal valuation provisions of the 2016 Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform rule. ONRR is further making non-substantive punctuation and grammatical corrections as part of this republication.
Airworthiness Directives; Dassault Aviation Airplanes
The FAA proposes to supersede Airworthiness Directive (AD) 2023-04-10, which applies to all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. AD 2023-04-10 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2023-04- 10, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require the actions in AD 2023-04-10 and 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.
Airworthiness Directives; The Boeing Company Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 757-200, 757-200CB, and 757-300 airplanes. This proposed AD was prompted by cracks on both sides of the airplane at certain stringers. This proposed AD would require an inspection or a maintenance records check for existing liner holes at certain stringers, and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.
Diamond Sawblades and Parts Thereof, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results
On July 12, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. United States, Consol. Court No. 19-00006, sustaining the U.S. Department of Commerce's (Commerce) remand results pertaining to the antidumping duty administrative review on diamond sawblades and parts thereof from the People's Republic of China (China) covering the period of review, November 1, 2016, through October 31, 2017. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Danyang Weiwang Tools Manufacturing Co., Ltd., Quanzhou Zhongzhi Diamond Tool Co., Ltd., and Chengdu Huifeng New Material Technology Co., Ltd. (collectively, the Separate Rate Respondents).
Special Conditions: Textron Aviation, Inc. Model 560XL(XLS+) Airplane; Electronic System Security Protection From Unauthorized Internal Access
These special conditions are issued for the Textron Aviation, Inc. (Textron) Model 560XL(XLS+) airplane. This airplane 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 associated with the installation of a digital system that contains a wireless and hardwired network with hosted application functionality that allows access, from a source internal to the airplane, to the airplane's internal electronic component. 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.
Special Conditions: Textron Aviation, Inc. Model 560XL(XLS+) Airplane; Electronic System Security Protection From Unauthorized External Access
These special conditions are issued for the Textron Aviation, Inc. (Textron) Model 560XL(XLS+) airplane. This airplane 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 associated with the installation of an electronic networks system architecture that will allow increased connectivity to and access from external sources (e.g., operator networks, wireless devices, internet connectivity, service provider satellite communications, electronic flight bags, etc.) to the airplane's previously isolated electronic assets (networks, systems, and databases). 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.
Certain Frozen Warmwater Shrimp From India: Notice of Initiation of Antidumping Duty Changed Circumstances Review
The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to determine if Elque Ventures Private Limited (Elque) is the successor-in-interest to Elque & Co. in the context of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from India.
Submission of Information Collection for OMB Review; Comment Request; Liability for Termination of Single-Employer Plans
The Pension Benefit Guaranty Corporation (PBGC) is requesting that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of a collection of information contained in its regulation on Liability for Termination of Single-Employer Plans (OMB control number 1212-0017; expires August 31, 2023). This notice informs the public of PBGC's request and solicits public comment on the collection of information.
Partial Filling of Prescriptions for Schedule II Controlled Substances
On July 22, 2016, the Comprehensive Addiction and Recovery Act of 2016 became law. One provision of the Comprehensive Addiction and Recovery Act of 2016 amended the Controlled Substances Act to allow for the partial filling of prescriptions for schedule II controlled substances under certain conditions. The Drug Enforcement Administration (DEA) is amending its regulations to conform to this statutory provision, as well as to provide direction on gaps not addressed by legislation. DEA will also be amending its regulations to update a cross-reference in a paragraph that will be redesignated with this final rule.
Help America Vote College Program Application Kit; Request for Comment
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the U.S. Election Assistance Commission (EAC) gives notice that it is requesting from the Office of Management and Budget (OMB) approval for the information collection EAC Help America Vote College Program (HAVCP) Application Kit.
Procurement List; Additions and Deletions
This action adds product(s) and service(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes product(s) from the Procurement List previously furnished by such agencies.
Procurement List; Proposed Additions and Deletions
The Committee is proposing to add product(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities and deletes product(s) and service(s) previously furnished by such agencies.
Final Sale Notice (FSN) for Commercial Leasing for Wind Power Development on the Outer Continental Shelf in the Gulf of Mexico (GOMW-1)
This Final Sale Notice (FSN) contains information pertaining to the areas available for commercial wind energy leasing on the Outer Continental Shelf (OCS) in the Gulf of Mexico (GOM). Specifically, this FSN details certain provisions and conditions of the leases, auction details, the lease form, criteria for evaluating competing bids, and procedures for award, appeal, and lease execution. The Bureau of Ocean Energy Management (BOEM) will offer three leases for sale using a multiple-factor bidding auction format: Lease OCS-G 37334, Lease OCS- G37335, and Lease OCS-G37336 (Lease Areas). The issuance of any lease resulting from this sale will not constitute approval of project- specific plans to develop offshore wind energy. Such plans, if submitted by the Lessee, will be subject to environmental, technical, and public reviews prior to a BOEM decision on whether the proposed activity should be authorized.
Information Collection: NRC Form 241, Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, NRC Form 241, ``Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters.''
Extension and Modification of the National Customs Automation Program Test Concerning the Submission Through the Automated Commercial Environment of Certain Unique Entity Identifiers for the Global Business Identifier Evaluative Proof of Concept
On December 2, 2022, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register announcing a National Customs Automation Program Test concerning the submission of unique entity identifiers for the Global Business Identifier (GBI) Evaluative Proof of Concept (EPoC). This document republishes and supersedes the notice published on December 2, 2022, extends the test period from July 21, 2023, through February 14, 2024, provides the correct web address for interested parties to use to obtain the Legal Entity Identifier (LEI), clarifies that CBP will allow participants to transmit one or more of the three entity identifiers, and makes additional minor technical and conforming corrections.
Newark Energy Center, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date
Notice of Intent To Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License
NASA hereby gives notice of its intent to grant an exclusive, co-exclusive or partially exclusive patent license to practice the inventions described and claimed in the patents and/or patent applications listed in SUPPLEMENTARY INFORMATION below.
Airworthiness Directives; Embraer S.A. Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This proposed AD was prompted by an occurrence of corrosion on the clutch retaining bolt of the aileron autopilot servo mount. This proposed AD would require repetitively replacing the clutch retaining bolt and washer of the aileron autopilot servo mount, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Epic Aircraft, LLC Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Epic Aircraft, LLC Model E1000 airplanes. This proposed AD was prompted by improperly rigged flap position switches. This proposed AD would require installing a secondary full position limit switch to the flap system, installing a switch ramp on the flap actuator, and modifying the take-off position switch rigging. The FAA is proposing this AD to address the unsafe condition on these products.
Notice of Intent To Repatriate Cultural Items: California State University, Chico, Chico, CA
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), California State University Chico (CSU Chico) intends to repatriate certain cultural items that meet the definition of unassociated funerary objects and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice. The cultural items were removed from Butte County, CA.
Notice of Inventory Completion: California State University, Chico, Chico, CA
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the California State University Chico (CSU Chico) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice. The human remains and associated funerary objects were removed from Butte County, CA.
Notice of Intent To Repatriate Cultural Items: California State University, Sacramento, Sacramento, CA
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the California State University, Sacramento, Sacramento, CA intends to repatriate certain cultural items that meet the definition of unassociated funerary objects and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice. The cultural items were removed from Sacramento and Yolo Counties, CA.
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