October 11, 2023 – Federal Register Recent Federal Regulation Documents

The Agricultural Marketing Service (AMS) is proposing to revise the U.S. Standards for Grades of Pecans in the Shell and the U.S. Standards for Grades of Shelled Pecans by replacing the current grades with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and U.S. Standard grades. The proposal also includes updating terminology, definitions, and defect scoring guides.

This final rule will specify how and when CMS must calculate and impose civil money penalties (CMPs) when group health plan (GHP) and non-group health plan (NGHP) responsible reporting entities (RREs) fail to meet their Medicare Secondary Payer (MSP) reporting obligations by failing to register and report as required by MSP reporting requirements. This final rule will also establish CMP amounts and circumstances under which CMPs will and will not be imposed.

The Securities and Exchange Commission (``Commission'') is amending the rule under the Investment Company Act of 1940 (``Investment Company Act'' or ``Act'') that addresses certain broad categories of investment company names that are likely to mislead investors about an investment company's investments and risks. The amendments to this rule are designed to increase investor protection by improving, and broadening the scope of, the requirement for certain funds to adopt a policy to invest at least 80 percent of the value of their assets in accordance with the investment focus that the fund's name suggests, updating the rule's notice requirements, and establishing recordkeeping requirements. The Commission is also adopting enhanced prospectus disclosure requirements for terminology used in fund names, and additional requirements for funds to report information on Form N-PORT regarding compliance with the names-related regulatory requirements.

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.

The Internal Revenue Service Advisory Council will hold a public meeting.

The Federal Deposit Insurance Corporation (FDIC) is seeking comment on proposed corporate governance and risk management guidelines (Guidelines) that would apply to all insured state nonmember banks, state-licensed insured branches of foreign banks, and insured state savings associations that are subject to Section 39 of the Federal Deposit Insurance Act (FDI Act), with total consolidated assets of $10 billion or more on or after the effective date of the final Guidelines. These proposed Guidelines would be issued as Appendix C to FDIC's standards for safety and soundness regulations in part 364, pursuant to Section 39 of the FDI Act, and would be enforceable under Section 39. The FDIC also proposes to make corresponding amendments to parts 308 and 364 of its regulations to implement the proposed Guidelines.

The Small Business Administration (SBA) is correcting a final rule that was published in the Federal Register on April 27, 2023. The rule implemented several changes to the ownership and control requirements for the 8(a) Business Development program, implemented changes relating to 8(a) contracts, and implemented a statutory amendment in the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022.

This notice sets forth the agenda for the October 26-27, 2023, meeting of the Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans (PAC) and provides information to members of the public about how to submit written comments before the meeting. Notice of the meeting is required and is intended to notify the public of its opportunity to attend.

The U.S. Copyright Office is extending the deadline to submit comments in connection with a supplemental notice of proposed rulemaking regarding the applicability of the derivative works exception to termination rights under the Copyright Act to the new statutory mechanical blanket license established by the Music Modernization Act and other matters relevant to identifying the proper payee to whom the mechanical licensing collective must distribute royalties.

On August 30, 2023, the Federal Crop Insurance Corporation corrected the Common Crop Insurance Policy (CCIP) Basic Provisions, Arizona-California Citrus Crop Insurance Provisions, California Avocado Crop Insurance Provisions, Macadamia Nut Crop Insurance Provisions, and the Texas Citrus Fruit Crop Insurance Provisions. In reviewing the changes made, FCIC found incorrect crop years in the Crop Provisions. This document makes the corrections.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 1, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of InterDigital, Inc., InterDigital VC Holdings and InterDigital Patent Holdings, Inc., of Wilmington, Delaware; and InterDigital Madison Patent Holdings SAS of France. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic devices, including smartphones, computers, tablet computers, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 10,250,877 (``the '877 patent''); U.S. Patent No. 8,674,859 (``the '859 patent''); U.S. Patent No. 9,674,556 (``the '556 patent''); U.S. Patent No. 9,173,054 (``the '054 patent''); and U.S. Patent No. 8,737,933 (``the '933 patent''). The complaint further alleges that an industry in the United States exists, or is in the process of being established, as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

The Food and Drug Administration (FDA) is publishing a list of information collections that have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FMCSA announces its decision to provisionally renew a U.S. Custom Harvesters, Inc. (USCHI) exemption from the ``K'' intrastate restriction on commercial driver's licenses (CDLs) for custom harvester drivers operating in interstate commerce for a two-year period, with additional terms and conditions. FMCSA's regulations currently provide an exception to the minimum age requirements for drivers of commercial motor vehicles (CMVs) controlled and operated by a person engaged in interstate custom harvesting. However, under the Agency's CDL regulations, States may include an intrastate-only (or ``K'') restriction for these drivers. This provisional renewal of the exemption continues relief from the CDL provision for two years.

This action establishes Class E airspace extending upward from 700 feet above the surface in Warrenton, VA, as new instrument approach procedures have been designed for Fauquier Hospital Emergency Transport Heliport, Warrenton, VA.