2023 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted on June 22, 2023, by the Department of Ecology in coordination with the Southwest Clean Air Agency (SWCAA). In 2017, the EPA approved a comprehensive update to SWCAA 400 General Regulations for Air Pollution Sources in the SIP, which includes new source review permitting requirements as well as other general requirements for sources regulated under SWCAA's jurisdiction. In this action, the EPA is approving minor updates to SWCAA 400 promulgated since our comprehensive approval in 2017.

This action proposes to amend Class D and Class E airspace extending upward from 700 feet above the surface for Smith Reynolds Airport, Winston Salem, NC. This action would also establish Class E airspace designated as an extension to a Class D surface area and amend verbiage in the Class D description.

The Environmental Protection Agency (EPA) is taking interim final action to stay, for emissions sources in Alabama, Minnesota, Nevada, Oklahoma, Utah, and West Virginia only, the effectiveness of the Federal Implementation Plan (FIP) requirements established to address the obligations of these and other States to mitigate interstate air pollution with respect to the 2015 national ambient air quality standards (NAAQS) for ozone (the Good Neighbor Plan). The EPA is also revising certain other regulations to ensure the continued implementation of previously established requirements to mitigate interstate air pollution with respect to other ozone NAAQS while the Good Neighbor Plan's requirements are stayed. The stay and the associated revisions to other regulations are being issued in response to judicial orders that partially stay, pending judicial review, a separate EPA action which disapproved certain State Implementation Plan (SIP) revisions submitted by these and other States.

The Federal Labor Relations Authority (FLRA) amends its regulations for processing records under the Freedom of Information Act (FOIA). The amendments streamline and update procedures for requesting information from the FLRA and procedures that the FLRA follows in responding to requests from the public.

The FAA is superseding Airworthiness Directive (AD) 2023-04- 16, which applied to certain Dassault Aviation Model FALCON 900EX airplanes. AD 2023-04-16 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2023-04- 16, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2023-04-16, and also requires 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 incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

ACF proposes to allow a title IV-E agency to claim Federal financial participation (FFP) for the administrative cost of an attorney providing: legal representation in foster care proceedings of a title IV-E agency or any other public agency or tribe that has an agreement in effect under which the other agency has placement and care responsibility of a title IV-E eligible child; independent legal representation of a child who is either a candidate for title IV-E foster care, or in title IV-E foster care (hereafter, referred to as a child ``who is eligible for title IV-E foster care''), the child's parent(s), and the child's relative caregiver(s) in foster care and other civil legal proceedings when such legal representation is found necessary by the Secretary to carry out the requirements in the title IV-E agency's title IV-E foster care plan; and legal representation of an Indian child's tribe, when the child's tribe intervenes in any state court proceeding for the foster care placement or termination of parental rights of an Indian child who is in title IV-E foster care or an Indian child who is a candidate for title IV-E foster care when such legal representation is found necessary by the Secretary to carry out the requirements in the title IV-E agency's title IV-E foster care plan.

The Environmental Protection Agency (EPA) is proposing to grant an exclusion from the list of hazardous wastes to WRB Refining LP (Petitioner) located in Borger, Texas. This action responds to a petition to exclude (or ``delist'') up to 7,000 cubic yards per year of solids removed from four stormwater tanks from the list of federal hazardous wastes when disposed of in a Resource Conservation Recovery Act (RCRA) Subtitle D Landfill. The EPA is proposing to grant the petition based on an evaluation of waste-specific information provided by the Petitioner. A previous proposed action was published in the Federal Register on November 23, 2022, that proposed to grant this petition (see Docket ID Number EPA-R06-RCRA-2022-0653). However, after the proposed rule was published, EPA received notification during the public comment period from the Petitioner that the table detailing the delisting constituents and levels was incorrect. After review, EPA agreed that the information contained in the table in question was incorrect. EPA has corrected the table to reflect the appropriate constituents and values and is withdrawing the previously published proposed rule from November 23, 2022. EPA is issuing a new action proposing to grant the petition, which will include a new 30-day comment period.

The Environmental Protection Agency (EPA) is proposing to approve adoptions, repeals, and amendments to the New Jersey State Implementation Plan (SIP) concerning exemptions to improve resiliency during emergency situations, updates to hazardous air pollutant (HAP) reporting thresholds, updates to the certification and submission of emission statements, and the addition of Federal New Source Review (NSR) requirements for fine particles (PM2.5). The intended effect of New Jersey's revisions are to enable government and business entities to be more resilient during and following disruptions from natural and human-caused disasters; update HAP unit risk factors and reference concentrations to reflect current research, scientific, and technological advancements; update provisions to require the reporting of PM2.5 and ammonia (NH3) emissions at the source level and update the electronic reporting of emission statements to adapt with advancements and Federal requirements; and conform the State's rules on air permits to the EPA's NSR requirements for PM2.5 to ensure a source does not adversely impact the EPA established National Ambient Air Quality Standards (NAAQS). Other revisions New Jersey made, which the EPA is proposing to approve with this notice of proposed rulemaking, will conform administrative penalties to the proposed rules and correct errors and inconsistencies throughout the State's SIP.

The Commission proposes to amend its Rules of Practice and Procedure to: resolve ambiguities around the automatic termination of project approvals issued by the Commission; make conforming amendments to related provisions as appropriate; update the Commission's Water Resources Program and Project Review procedures to better conform them to current practice; remove references to the Federal Freedom of Information Act that create confusion about the regulations applicable to requests for Commission public records; and align pronouns with the Commission's policies regarding diversity, inclusion, and belonging.

On September 5, 2023, the U.S. Department of Energy (``DOE'') published a notice of proposed rulemaking (``NOPR''), in which DOE proposed amended energy conservation standards for walk-in coolers and walk-in freezers. (``September 2023 NOPR'') In this notification, DOE is summarizing and addressing comments that were considered but not discussed in the September 2023 NOPR.

The Coast Guard is establishing a temporary safety zone for navigable waters within a 350-foot radius of 42 52'07.96'' N 78 53'00.87'' W. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by fallout from a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Buffalo.

FinCEN is proposing to amend the beneficial ownership information (BOI) reporting rule (Reporting Rule) to extend the filing deadline for certain BOI reports. Under the Reporting Rule, entities created or registered on or after the rule's effective date of January 1, 2024, must file initial BOI reports with FinCEN within 30 days of notice of their creation or registration. This proposed amendment would extend that filing deadline from 30 days to 90 days for entities created or registered on or after January 1, 2024, and before January 1, 2025, to give those entities additional time to understand the new reporting obligation and collect the necessary information to complete the filing. Entities created or registered on or after January 1, 2025, would have 30 days to file their BOI reports with FinCEN, as required under the Reporting Rule.

The Environmental Protection Agency (EPA) is approving a revision to the Washington State Implementation Plan (SIP) for the Southwest Clean Air Agency (SWCAA) jurisdiction as it relates to the ozone National Ambient Air Quality Standard. This revision updates SWCAA's requirements in the SIP for Stage I and Stage II vapor recovery systems at gasoline dispensing facilities including: decommissioning existing Stage II systems incompatible with onboard refueling vapor recovery systems on or before January 1, 2023; allowing removal from service of Stage II vapor recovery equipment compatible with onboard refueling vapor recovery on or after January 1, 2023; and removing the requirement for Stage II vapor recovery at new installations. The revisions to the SIP also include, among other changes, revised requirements for installation of enhanced conventional nozzles, installation of low permeation hoses, and annual testing based on facility throughput. SWCAA's submittal, in coordination with the Washington Department of Ecology, included a demonstration that such removal of Stage II requirements is consistent with the Clean Air Act and EPA guidance.

The Office of Personnel Management (OPM) is adopting its proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities. The annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System (FERS) Act of 1986 remains unchanged. These revisions are necessary to ensure that the tables conform to the economic and demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on April 14, 2023, as required by law.

The Office of Personnel Management (OPM) is issuing interim regulations to implement the changes authorized by the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023 on the noncompetitive appointment authority for certain military spouses. These changes extend certain temporary provisions and remove the reporting requirements that were imposed by the NDAA for FY 2019. These changes will continue to enhance the recruitment and hiring of military spouses for permanent Federal positions in the competitive service.

The FAA is correcting a Notice of Proposed Rulemaking (NPRM) that published in the Federal Register. The NPRM proposed to issue an airworthiness directive (AD) that would apply to certain Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000 engines. As published, the docket number referenced throughout the NPRM is incorrect. This document corrects that error. In all other respects, the original document remains the same; however, for clarity, the FAA is publishing the entire proposed rule in the Federal Register.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-eight entities to the Entity List under the destinations of the People's Republic of China (China), Finland, Germany, Oman, Pakistan, Russia and the United Arab Emirates. These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also revises two existing entries on the Entity List under the destinations of China and Pakistan and removes an entity from the Military-End User List under the destination of China.

The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This AD was prompted by a report of an electrical failure of a starter-generator caused by a ruptured drive shaft. This AD requires visually inspecting the drive shaft of an affected starter-generator and depending on the results, performing a dye penetrant inspection. Depending on the results of the dye penetrant inspection, this AD requires replacing the starter-generator, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference (IBR). The FAA is issuing this AD to address the unsafe condition on these products.

NMFS is reallocating the projected unused amount of the 2023 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperative allocation for the BS/EAI in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2023 total allowable catch of Atka mackerel in the BSAI to be fully harvested.

The Office of Personnel Management (OPM) is issuing a proposed rule to update the 2017 North American Industry Classification System (NAICS) codes currently used in Federal Wage System (FWS) wage survey industry regulations with the 2022 NAICS revisions published by the Office of Management and Budget (OMB).

The FAA proposes to amend its Passenger Facility Charge regulations to implement changes to an existing pilot program that resides within the Passenger Facility Charge program. This Congressionally mandated pilot program simplifies the process for public agencies controlling commercial service airports to obtain FAA authority to impose and use Passenger Facility Charges to fund airport development projects. The FAA also proposes to reaffirm existing program requirements and update or remove obsolete references within the Passenger Facility Charge regulations. Further, this proposed action removes certain Passenger Facility Charge program requirements eliminated in the 2018 FAA reauthorization legislation.

Following careful reconsideration of the water quality certification rule the U.S. Environmental Protection Agency (EPA or the Agency) promulgated in 2020, the Agency is finalizing a rule revising and replacing the 2020 regulatory requirements for water quality certification under Clean Water Act (CWA) section 401. This final rule updates the existing regulations to better align with the statutory text and purpose of the CWA; to clarify, reinforce, and provide a measure of consistency with elements of section 401 certification practice that have evolved over the more than 50 years since EPA first promulgated water quality certification regulations; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401. An Executive order signed on January 20, 2021, entitled ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,'' directed the Agency to review the water quality certification rule EPA promulgated in 2020, and this final rule culminates that review. The Agency is also finalizing conforming amendments to the water quality certification regulations for EPA-issued National Pollutant Discharge Elimination System (NPDES) permits.

We are proposing to amend the regulations to establish requirements regarding the importation of live dogs for resale, whether through retail or wholesale channels or fee-based adoption, from regions where African swine fever (ASF) exists or is reasonably believed to exist. These regulations are necessary because dogs imported from ASF-affected countries for resale purposes, along with bedding, represent a potential risk for the introduction of ASF into the United States. This action would address that risk.

We, the U.S. Fish and Wildlife Service (Service), reclassify the relict darter (Etheostoma chienense) from endangered to threatened under the Endangered Species Act of 1973 (Act), as amended. The relict darter is a fish species that occupies the Bayou de Chien stream system in western Kentucky. This action is based on a thorough review of the best available scientific and commercial information, which indicates that relict darter is not currently in danger of extinction throughout all or a significant portion of its range, but it is still likely to become so in the foreseeable future. We are also finalizing a rule under section 4(d) of the Act that provides for the conservation of the relict darter.

This final rule adopts, without change, an interim final rule published in the Federal Register on July 10, 2023, with a correction published on July 12, 2023. The rule permits parties to proceedings before the Federal Labor Relations Authority's (FLRA's) three-Member, decisional component (the Authority) to voluntarily requestin individual cases filed through the FLRA's electronic-filing (eFiling) systemthat the Authority use electronic mail (email) to serve the requesting parties any decisions, orders, and notices (Authority documents) issued in those individual cases.