August 9, 2023 – Federal Register Recent Federal Regulation Documents

The Department of the Interior (Department) is finalizing updates to its regulations governing the process for pursuing administrative review of actions by Indian Affairs officials. These updates provide greater specificity and clarity to the Department's appeals process; and reflect changes in the structure and nomenclature within Indian Affairs.

The Food and Drug Administration (FDA or we) is proposing to amend our regulations that provide for the use of partially hydrogenated oils (PHOs) in food in light of our determination that PHOs are no longer generally recognized as safe (GRAS). We are proposing to remove PHOs as an optional ingredient in the standards of identity for peanut butter and canned tuna. We are also proposing to revise FDA's regulations affirming food substances as GRAS pertaining to menhaden oil and rapeseed oil to no longer include partially hydrogenated forms of these oils, and delete the regulation affirming hydrogenated fish oil as GRAS as an indirect food substance. We are also proposing to revoke prior sanctions (i.e., pre-1958 authorization of certain uses) for the use of PHOs in margarine, shortening, and bread, rolls, and buns based on our conclusion that these uses of PHOs may be injurious to health.

The Environmental Protection Agency (EPA) is finalizing the approval of changes to the North Carolina State Implementation Plan (SIP), submitted by the State of North Carolina through the North Carolina Division of Air Quality (NCDAQ) through a letter dated September 10, 2021. The SIP revision includes changes to the State's air pollution control requirements in the SIP that modify several definitions, clarify its applicability requirements, adjust the requirement for fugitive dust control plan submissions, and make minor language and formatting changes. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).

We, NMFS, designate critical habitat for five threatened Caribbean coral species, Orbicella annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox, pursuant to section 4 of the Endangered Species Act (ESA). Twenty-eight mostly overlapping specific occupied areas containing physical features essential to the conservation of these coral species are designated as critical habitat. These areas contain approximately 16,830 square kilometers (km\2\; 6,500 square miles (mi\2\)) of marine habitat. We have considered economic, national security, and other relevant impacts of designating these areas as critical habitat, and we exclude one area from the designations due to anticipated impacts on national security.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that requires explanations to unsuccessful awardees on certain orders under task order and delivery order contracts.

This action proposes changes to the EPA's Air Emissions Reporting Requirements (AERR). The proposed amendments may require changes to current regulations of State, local, and certain tribal air agencies; would require these agencies to report emissions data to the EPA using different approaches from current requirements; and would require owners/operators of some facilities to report additional emissions data. More specifically, the EPA is proposing to require certain sources report information regarding emission of hazardous air pollutants (HAP); certain sources to report criteria air pollutants, their precursors and HAP; and to require State, local, and certain tribal air agencies to report prescribed fire data. The proposed revisions would also define a new approach for optional collection by air agencies of such information on HAP by which State, local and certain tribal air agencies may implement requirements and report emissions on behalf of owners/operators. The proposed revisions would also make the requirements for point sources consistent for every year; phase in earlier deadlines for point source reporting; and add requirements for reporting fuel use data for certain sources of electrical generation associated with peak electricity demand. The proposed revisions include further changes for reporting on airports, rail yards, commercial marine vessels, locomotives, and nonpoint sources. For owners/operators of facilities that meet criteria described in this proposal, the proposed revisions would require reporting of performance test and performance evaluation data to the EPA for all tests conducted after the effective date provided in the final rulemaking. The EPA also proposes to clarify that information the EPA collects through the AERR is emission data that is not subject to confidential treatment.

The Environmental Protection Agency (EPA) is proposing to make technical corrections that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. These technical corrections correct or clarify specific provisions in the existing hazardous waste regulations that were promulgated in the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule. This rule also makes other minor corrections that fall within the same sections of the hazardous waste regulations but are independent of these three rules. Examples of the types of corrections being made in this rule include, but are not limited to, correcting typographical errors, correcting incorrect or outdated citations, making minor clarifications, and updating addresses. In the ``Rules and Regulations'' section of this Federal Register, we are making these technical corrections as a direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. In the preamble to the direct final rule, we have explained our reasons for taking this action without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

The U.S. Department of Commerce (Commerce) determines that certain circular welded carbon steel pipes and tubes (pipe and tube) and circular welded non-alloy steel pipe (CWP) imported into the United States during the period of inquiry, January 1, 2017, through December 31, 2021, were not completed in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) manufactured in Taiwan, and, therefore, no such imports are circumventing the antidumping duty (AD) orders on pipe and tube and CWP from Taiwan.

The Bureau of Land Management (BLM) is proposing the non- competitive (direct) sale of a parcel of public lands in Colorado to resolve the inadvertent and unauthorized use of that land. The parcel, located in Montrose County, contains approximately 0.70 acres, and would be sold to Ballantyne Family Limited Partnership.

The FAA is requesting comments on its proposed policy for the type certification of Very Light Airplanes (VLA) as a special class of aircraft under the Federal Aviation Regulations.

Notice is hereby given of the following hearing of the U.S.- China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, and report to Congress annually on ``the national security implications of the economic relationship between the United States and the People's Republic of China.'' Pursuant to this mandate, the Commission will hold a public hearing in Washington, DC on August 21, 2023 on ``China's Current Economy: Implications for Investors and Supply Chains.''

In this document, the Federal Communications Commission (Commission) seeks comment on rule changes and clarifications suggested by commenters to further streamline and improve the application process for all E-Rate applicants, including Tribal and other small, rural entities. The Commission expects that these measures will provide a meaningful difference for Tribal communities, especially Tribal libraries that seek to participate in the E-Rate program.

This order partially revokes 8 Public Land Orders (PLOs) insofar as they affect approximately 812,956.96 acres of public lands reserved for study and classification, as appropriate, by the Department of the Interior. This order opens these lands specifically to allow for allotment selection by eligible Alaska Native Vietnam-era Veterans and possible conveyance under the Alaska Native Vietnam-era Veterans Land Allotment Program (Allotment Program) established by the John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 (Dingell Act). The Bureau of Land Management (BLM) analyzed partial revocation of these PLOs and opening of the affected lands for allotment selections and possible conveyances in the Alaska Native Vietnam-era Veterans Land Allotment Program Environmental Assessment (Allotment Program EA) and Finding of No Significant Impact (FONSI) signed on April 21, 2022.

In accordance with the Privacy Act of 1974, all agencies are required to publish in the Federal Register a notice of their systems of records. Notice is hereby given that the Federal Energy Regulatory Commission (FERC) is publishing notice of modifications to an existing FERC System of records titled ``Commission Freedom of Information Act and Privacy Act Request Files'' (FERC 46).

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, the Federal Energy Regulatory Commission (Commission or FERC) proposes to rescind 2 existing systems of records notices. Specifically, the following SORNS are being proposed for rescindment: (1) FERC-44: Request for Commission Publications and Information; and (2) FERC-45: Commission's Requested Records Tracking System (RRTS). The basis for rescindment is explained below.

The FAA is adopting a new airworthiness directive (AD) for all Air Tractor, Inc. (Air Tractor) Model AT-802 and AT-802A airplanes that have Wipaire Supplemental Type Certificate (STC) No. SA01795CH installed. This AD was prompted by reports of cracks found in the forward horizontal stabilizer spar where the vertical finlets tie to the horizontal tail forward spar. This AD requires repetitively inspecting both the left and right forward horizontal stabilizer spars for cracks and replacing any forward horizontal stabilizer spar found cracked. This AD also requires reporting inspection results to the FAA. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This proposed AD was prompted by reports that the nose wheel steering selector valve (SSV) can be slow to deactivate under low temperature conditions. This proposed AD would require replacing the affected SSV with a re-designed SSV that has an improved response time. The FAA is proposing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is approving both a State implementation plan (SIP) revision and Title V operating permits program revision submitted by the Pennsylvania Departmental of Environmental Protection (PADEP) on behalf of the Commonwealth of Pennsylvania. The SIP revision pertains to Pennsylvania's general provisions regarding air resources, operating permit requirements, and plan approval and operating permit fees. This includes increases to existing plan approval application and operating permit fees. The Title V operating permit program revision amends the Title V operating permit program fee schedules that fund the Pennsylvania Title V operating permit program. EPA is approving these revisions to the Pennsylvania SIP and Title V operating permit program in accordance with the requirements of the Clean Air Act (CAA).

The U.S. Merit Systems Protection Board (MSPB or Board) is seeking approval of a new Information Collection Request (ICR) in accordance with the Paperwork Reduction Act (PRA). The ICR will be submitted to the Office of Management and Budget (OMB) for review and clearance. This information collection is part of MSPB's statutory mission to adjudicate appeals of certain Federal agency personnel and retirement actions and certain alleged violations of law. The information collection instruments consist of the Initial Appeal Form (Form 185) in different collection mediums: paper, PDF, and through MSPB's electronic filing system, e-Appeal. Through this collection and approval process, MSPB is complying with normal clearance procedures. The purpose of this notice is to allow 30 days for public comment after submission of the collection to OMB.

The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act in the Code of Federal Regulations. This is the required notice of permit applications received.

In accordance with the Paperwork Reduction Act, on February 28, 2023, we, the U.S. Fish and Wildlife Service, published a notice announcing that we are proposing to renew an existing information collection (IC) without change. The notice opened a public comment period, which closed on May 1, 2023. We subsequently identified proposed changes to the IC that were not included in the original notice; therefore, we are now republishing the notice in full, including the proposed changes, and reopening the comment period.