October 2023 – Federal Register Recent Federal Regulation Documents

The U.S. Department of State (``Department of State'') proposes to amend existing Exchange Visitor Program regulations governing the Au pair category to clarify and modernize the au pair program, by, among other things, restructuring the child care and educational components, replacing the EduCare program with the part- time option, enhancing au pair and host family orientation requirements, formalizing standard operating procedures for rematching au pairs with new host families, and proposing new requirements to strengthen au pair protections. The Department of State encourages public comment on the proposed rule, particularly the restructuring of the au pair program and the calculation of the weekly compensation.

The Federal Energy Regulatory Commission (Commission) is directing the North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization, to develop new or modified Reliability Standards that address reliability gaps related to inverter-based resources in the following areas: data sharing; model validation; planning and operational studies; and performance requirements. The Commission is also directing NERC to submit to the Commission an informational filing within 90 days of the issuance of this final action that includes a detailed, comprehensive standards development plan providing that all new or modified Reliability Standards necessary to address the inverter-based resource- related reliability gaps identified in this final action be submitted to the Commission by November 4, 2026.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI- STORM 100 Cask System listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 17 to Certificate of Compliance No. 1014. Because this amendment is subsequent to the renewal of the HI-STORM 100 Cask System Certificate of Compliance No. 1014 and, therefore, subject to the Aging Management Program requirements of the renewed certificate, NRC is referring to it as ``Renewed Amendment No. 17.'' Renewed Amendment No. 17 updates the HI- STORM 100 Cask System description in the certificate of compliance to indicate that only the portions of the components that contact the pool water need to be made of stainless steel or aluminum. This amendment also includes minor editorial and formatting changes to the technical specifications that do not change the substantive technical information of the certificate of compliance.

The Environmental Protection Agency (EPA, ``the Agency'') is proposing to amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the conditions of use. EPA has reconsidered the procedural framework rule for conducting such risk evaluations and determined that certain aspects of that framework should be revised to better align with applicable court decisions and the statutory text, to reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule.

The U.S. Nuclear Regulatory Commission (NRC) reviewed a Long- Term Surveillance Plan (LTSP) for the Split Rock, Wyoming Uranium Mill Tailings Radiation Control Act (UMTRCA) Title II Disposal Site, Jeffrey City, Wyoming submitted by the U.S. Department of Energy (DOE), by letter dated April 29, 2020. The NRC staff prepared an environmental assessment (EA) for this LTSP in accordance with its regulations. Based on the EA, the NRC concluded that a finding of no significant impact (FONSI) is appropriate. The NRC is also conducting a safety evaluation of the proposed license transfer.

Notice is hereby given by the U.S. Environmental Protection Agency (EPA), Region 8, of an Administrative Settlement Agreement between the United States on behalf of the EPA, the State of Colorado, Commodore Mining Company, Del Monte Mining Company, Kanawha Mines, LLC, and Mineral County, Colorado (collectively ``Parties''), at the Nelson Tunnel/Commodore Waste Rock Superfund Site in Mineral County, Colorado. The settlement provides that settling Parties will transfer certain mining claims to purchaser, which will in turn support purchaser's efforts to preserve the important historical structures on these mining claims. The Parties acknowledge that this settlement is structured to support purchaser's efforts to stabilize and preserve the historical structures. In exchange, this settlement resolves the settling Parties' alleged civil liability for the site. In exchange, this settlement also resolves purchaser's potential CERCLA liability.

The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1658 (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 truck and bus tires from Thailand, provided for in subheadings 4011.20.10 and 4011.20.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce (``Commerce'') extends the time for initiation, the Commission must reach a preliminary determination in antidumping duty investigations in 45 days, or in this case by December 1, 2023. The Commission's views must be transmitted to Commerce within five business days thereafter, or by December 8, 2023.

The Federal Energy Regulatory Commission (Commission) issues this final rule to revise its regulations governing liquefied natural gas (LNG) facilities subject to sections 3 and 7 of the Natural Gas Act (NGA) by removing outdated references for seismic hazard evaluations and seismic design criteria for LNG facilities. In their place, the Commission codifies its existing practice of evaluating seismic and other natural hazards and design criteria for jurisdictional LNG facilities. These revisions are intended to reduce confusion about applicable technical requirements and clarify the information required in applications filed before the Commission to ensure the public is protected from potential catastrophic impacts caused by natural hazards from design through the operation of the LNG facilities.

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the maintenance and pile replacement construction activities at the Ammunition Wharf at Naval Magazine (NAVMAG) Indian Island in Puget Sound, Washington, over the course of 5 years (2024-2029). As required by the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.

HRSA is issuing this Notice to inform and remind stakeholders of the registration requirements for off-site, outpatient hospital facilities to participate in the 340B Drug Pricing Program (340B Program). This Notice applies to all hospital types that participate in the 340B Program.

Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to an agreement with their foreign owner or custodian for temporary display in the exhibition ``Japanese Tastes in Chinese Ceramics: Tea Utensils, Kaiseki Dishes, and More'' at the Asian Art Museum, San Francisco, California, and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register.

The National Highway Traffic Safety Administration (NHTSA) announces a meeting of the Advisory Committee on Underride Protection (ACUP). This notice announces the date, time, and location of the meeting, which will be open to the public. The purpose of ACUP is to provide advice and recommendations to the Secretary of Transportation on safety regulations to reduce underride crashes and fatalities relating to underride crashes.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a Finding of No Significant Impact (FONSI) and accompanying Environmental Assessment (EA) for the unrestricted release of the Curators of the University of Missouri South Farm site located in Columbia, Missouri. Based on the analysis in the EA, the NRC staff has concluded that there would be no significant impacts to environmental resources from the proposed unrestricted release and, therefore, a FONSI is appropriate.

This proposed rule would implement a recommendation from the California Walnut Board (Board) to decrease the assessment rate established for the 2023-2024 and subsequent marketing years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The FAA proposes to adopt a new airworthiness directive (AD) for all De Havilland Aircraft of Canada Limited Model DHC-8-401 and - 402 airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is announcing the availability of and soliciting comment on the near-term strategies described in this document to help the Agency meet its obligations and commitments under the Federal Food, Drug, and Cosmetic Act (FFDCA), which requires, among other things, that EPA screen for and protect against endocrine disrupting effects in humans. An important part of these obligations and commitments is the Endocrine Disruptor Screening Program (EDSP), which EPA established in 1998 as a two-tier endocrine screening and testing process for pesticides and other chemicals. After over two decades of implementing the EDSP and other aspects of the mandate in FFDCA, EPA has developed near-term strategies to begin addressing the challenges it has encountered and to rebuild the EDSP. This document covers only the initial strategies that EPA is taking over the next several years to generate momentum toward its longer-term goal of timely addressing all its endocrine screening data needs and decisions. Through this notice and to help implement its strategies, EPA is also seeking additional endocrine data on two groups of active ingredients currently undergoing registration review, or explanations of why the additional data are unnecessary for EPA to make its FIFRA and FFDCA decisions.

The Bureau of Land Management (BLM) is proposing a non- competitive (direct) sale of a 5.27-acre parcel of public land in Garfield County, Utah, to Millard ``Crockett'' Dumas. The sale would resolve an inadvertent unauthorized use of public lands. The sale would be subject to the applicable provisions of the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and the BLM land sale regulations. The sale would be for no less than the appraised fair market value of $5,000.

The meeting of the National Chemical Transportation Safety Advisory Committee scheduled for November 28 through 30, 2023, from 9 a.m. until 5 p.m. Central Standard Time (CST) is cancelled.

In accordance with the Federal Advisory Committee Act, the National Aeronautics and Space Administration (NASA) announces a meeting of the Heliophysics Advisory Committee (HPAC). This Committee functions in an advisory capacity to the Director, Heliophysics Division, in the NASA Science Mission Directorate. The meeting will be held for the purpose of soliciting, from the science community and other persons, scientific and technical information relevant to program planning.

This document corrects the preamble to a proposed rule published in the Federal Register of September 29, 2023, concerning implementation of certain allocation decisions from the Final Acts of the World Radiocommunication Conference 2015. The document provided an incorrect comment date and reply comment date.

On September 18, 2023, the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, the agencies) published in the Federal Register a proposal to substantially revise the capital requirements applicable to large banking organizations and to banking organizations with significant trading activity. The agencies have determined that an extension of the comment period until January 16, 2024, is appropriate.