2023 – Federal Register Recent Federal Regulation Documents

The FAA proposes to supersede Airworthiness Directive (AD) 2021-20-13, which applies to certain Bombardier, Inc., Model CL-600- 2B16 (604 Variant) airplanes. AD 2021-20-13 requires repetitive lubrication and repetitive detailed visual inspections (DVI) and non- destructive test (NDT) inspections of the main landing gear (MLG) shock strut lower pins, and replacement if necessary. Since the FAA issued AD 2021-20-13, Bombardier, Inc. developed a new design solution for this potential failure. This proposed AD would continue to require the lubrication and inspections specified in AD 2021-20-13 until the MLG shock strut assembly is modified by replacing the trailing arm bushing and installing new dynamic joint components. The FAA is proposing this AD to address the unsafe condition on these products.

DoD is adopting as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2023 that prohibits the use of funds to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from the Xinjiang Uyghur Autonomous Region of the People's Republic of China.

The U.S. Consumer Product Safety Commission (Commission or CPSC) is amending the Standard for the Flammability of Clothing Textiles. The revisions clarify existing provisions, expand permissible equipment and materials for testing, and update equipment requirements that are outdated. The Commission issues this amendment under the authority of the Flammable Fabrics Act.

The Rural Housing Service (RHS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), proposes to amend its regulation to implement changes related to insurance requirements under the Multi-Family Housing (MFH) Direct Loan and Grant programs. The intent of this proposed rule is to align RD insurance coverage types, amounts, and deductibles with affordable housing industry standards to simplify the coverage amounts, deductible limits, and improve the customer experience with updated and understandable insurance requirements.

The U.S. Consumer Product Safety Commission (Commission or CPSC) has determined preliminarily that there is an unreasonable risk of injury and death associated with residential gas fired central furnaces, boilers, wall furnaces, and floor furnaces (gas furnaces and boilers). To address this risk, the Commission proposes a rule to detect and prevent dangerous levels of carbon monoxide (CO) production and leakage from residential gas furnaces and boilers. The Commission is providing an opportunity for interested parties to present written and oral comments on this notice of proposed rulemaking (NPR).

On October 7, 2022, the Bureau of Industry and Security (BIS) released the interim final rule (IFR), ``Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification'' (October 7 IFR), which amended the Export Administration Regulations (EAR) to implement controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items, and to make other EAR changes to implement appropriate related controls, including on certain ``U.S. person'' activities. This Advanced Computing/ Supercomputing IFR (AC/S IFR) addresses comments received in response to only the part of the October 7 IFR that controls advanced computing ICs and computer commodities that contain such ICs. This rule also makes other changes to make the controls more effective and less burdensome, including by correcting and clarifying the controls to more effectively achieve the policy objectives identified in the October 7 IFR. This AC/S IFR is published concurrently with a second BIS IFR, ``Export Controls on Semiconductor Manufacturing Items,'' which addresses public comments received in response to other portions of the October 7 IFR. Together, these IFRs revise the October 7 IFR controls to more effectively achieve BIS's focused national security policy objectives. These revisions protect U.S. national security interests by further restricting China's ability to obtain critical technologies to modernize its military capabilities in ways that threaten the national security interests of the United States and its allies.

On May 21, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by Scripps Broadcasting Holdings, LLC (Scripps or Licensee), the licensee of KTNV-TV, channel 7, Las Vegas, Nevada, requesting the substitution of channel 26 for channel 13 at Las Vegas, in the Table of TV Allotments. King Kong Broadcasting, Inc. (King Kong), the licensee of low power television station KGNG-LD on channel 26 at Las Vegas, filed opposition comments and counter-proposed that channel 26 instead be allotted as a new vacant channel at Las Vegas. For the reasons set forth in the Report and Order referenced below, the Bureau denies King Kong's opposition and counter-proposal, amends FCC regulations to substitute channel 26 for channel 13 at Las Vegas, and directs Scripps to file an application for a construction permit for channel 26.

The U.S. Environmental Protection Agency is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on December 27, 2020. This rulemaking restricts the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establishes a process for submitting technology transitions petitions; establishes recordkeeping and reporting requirements; and addresses certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. These restrictions on the use of hydrofluorocarbons address petitions granted on October 7, 2021, and September 19, 2022.

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.

The Federal Permitting Improvement Steering Council (Permitting Council) is extending by 30 days the deadline for submitting comments on its proposal to amend its regulations to revise the scope of ``mining'' as a sector with infrastructure projects eligible for coverage under Title 41 of the Fixing America's Surface Transportation Act (FAST-41) to: (1) apply solely to critical minerals mining projects; and (2) expand the scope of the sector to include infrastructure constructed to support critical minerals supply chain activities, including critical minerals beneficiation, processing, and recycling.

On September 8, 2023, the Bureau of Land Management (BLM) published in the Federal Register a proposed rule that would revise the framework for designating and assuring maximum protection of Special Areas' significant resource values and protect and enhance access for subsistence activities throughout the National Petroleum Reserve in Alaska (NPR-A). The proposed rule would also incorporate aspects of the NPR-A Integrated Activity Plan approved in April 2022. The BLM has determined that it is appropriate to extend the comment period for the proposed rule by 10 days, until November 17, 2023, to allow for additional public comment.

The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing H-1B specialty occupation workers to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures. Some of the proposed provisions would narrowly impact other nonimmigrant classifications, including: H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN. DHS intends to finalize the proposals contained in this rulemaking through one or more final rules, depending on agency resources.

Pursuant to the Federal Clean Air Act (CAA, the Act), the Environmental Protection Agency (EPA) is approving two revisions to the Arkansas State Implementation Plan (SIP) submitted by the Governor on May 12, 2022, and November 1, 2022. These SIP revisions were submitted in response to EPA's June 12, 2015, finding of substantial inadequacy and SIP call concerning excess emissions during periods of startup, shutdown, and malfunction (SSM) events. EPA is approving these SIP revisions and finds that the revisions correct the inadequacies identified in Arkansas' SIP in the June 12, 2015, SIP call.

The Environmental Protection Agency (EPA) is updating a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Virginia is the designated COA. The Commonwealth of Virginia's requirements discussed in this document will be incorporated by reference into the Code of Federal Regulations (CFR) and listed in the appendix to the Federal OCS air regulations.

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). Montana submitted this proposed amendment to us, on its own initiative, following the passage of a Montana House Bill during the 2023 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA). Montana adds a new section detailing the procedures a permittee must follow when applying for a ``minor revision'' to its permit. Montana adds several new definitions and removes the current procedures for a permit revision application. Furthermore, Montana adds clarifying language regarding ``minor revisions'' of permits. Lastly, Montana adds contingencies that will not be codified into law but that will apply to the proposed amendment: ``Codification Instructions'' and ``Contingent Termination.'' 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.

Under this direct final rule, the Drug Enforcement Administration (DEA) is updating the Table of Exempt Chemical Mixtures to include the listing of nine additional preparations. This action is in response to DEA's review of new applications for exemption. Having reviewed applications and relevant information, DEA has found that these preparations meet the applicable exemption criteria. Therefore, this rule amends the regulations to codify that these products are exempted from the application of certain provisions of the Controlled Substances Act.

FMCSA extends the comment period for its August 29, 2023, ANPRM requesting public comment on the need for a rulemaking to revise the regulations prescribing the safety fitness determination (SFD) process; the available science or technical information to analyze regulatory alternatives for determining the safety fitness of motor carriers; feedback on the Agency's current SFD regulations, including the process and impacts; the available data and costs for regulatory alternatives reasonably likely to be considered as part of this rulemaking; and the specific questions in the ANPRM. FMCSA extends the comment period for 30 days until November 29, 2023.

The U.S. Department of Education (Department) designates a regulatory provision in its final rule related to income-driven repayment for early implementation.

This document sets forth final regulations prescribing mortality tables to be used for most defined benefit pension plans. The tables specify the probability of survival year-by-year for an individual based on age, gender, and other factors. The tables are used (together with other actuarial assumptions) to calculate the present value of a stream of expected future benefit payments for purposes of determining the minimum funding requirements for the plan. These mortality tables are also relevant for determining the minimum required amount of a lump-sum distribution from such a plan. These regulations affect participants in, beneficiaries of, employers maintaining, and administrators of certain defined benefit pension plans.

In this action, the Administrator finds that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of the Clean Air Act. The Administrator also finds that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under the Clean Air Act.

The Coast Guard is establishing a temporary safety zone for navigable waters of the Cumberland River extending from mile marker 190 through 191. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by aerial operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley.

These final regulations amend existing regulations relating to user fees for enrolled actuaries. The final regulations increase both the enrollment and renewal of enrollment user fees for enrolled actuaries from $250 to $680. These regulations affect individuals who apply to become an enrolled actuary or seek to renew their enrollment. The Independent Offices Appropriation Act of 1952 authorizes charging user fees.

The Video Division, Media Bureau (Bureau) has before it a petition for rulemaking filed by TV-49, Inc. (Petitioner or TV-49), the permittee of an unbuilt television station on channel 31 allotted to Wittenberg, Wisconsin. TV-49 requests an amendment of the Table of TV Allotments to delete channel 31 at Wittenberg and substitute channel 31 at Shawano, Wisconsin, consistent with the technical parameters set forth in the Petition, as amended. The Petitioner further requests modification of its construction permit to specify Shawano as its community of license.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Antone Ranch Airport, Mitchell, OR, in support of the airport's forthcoming transition from visual flight rules (VFR) to instrument flight rules (IFR) operations.

This action modifies the Class E airspace extending upward from 700 feet above the surface at Northeast Wyoming Regional Airport, Gillette, WY. This action supports the safety and management of instrument flight rules (IFR) operations at the airport.