2023 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-200 series; A330-200 Freighter series; A330-300 series; A330-800 series; A330-900 series; A340-200 series; and A340-300 series airplanes. This AD was prompted by reports of cracks found in the scroll housing assembly of Honeywell GTCP331-350 auxiliary power units (APUs). This AD requires replacing each affected APU or re- identifying certain APU scroll housing assemblies, and prohibits the installation of affected parts under certain conditions, 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.

The Coast Guard is establishing a temporary safety zone on the waterways surrounding Key West, Florida, during the Southern Command's (SOCOM) Dive operation. The safety zone is necessary to ensure the safety of event participants. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Key West or a designated representative.

This action amends Very High Frequency Omnidirectional Range (VOR) Federal airway V-36 and establishes Canadian Area Navigation (RNAV) route T-675 in the northcentral United States (US). The Air Traffic Service (ATS) route actions are necessary due to the planned decommissioning of the Wawa, Ontario (ON), Canada, VOR navigational aid (NAVAID). This action is in support of NAV CANADA's NAVAID Modernization Program within Canada.

This action amends Very High Frequency Omnidirectional Range (VOR) Federal airways V-10 and V-210 in the vicinity of Revloc, PA. The amendments are necessary due to the planned decommissioning of the VOR portion of the Revloc, PA (REC), VOR/Distance Measuring Equipment (VOR/ DME) navigational aid (NAVAID). The Revloc VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The Drug Enforcement Administration proposes placing the substance ethylphenidate (chemical name: ethyl 2-phenyl-2-(piperidin-2- yl)acetate), including its salts, isomers, and salts of isomers, in schedule I of the Controlled Substances Act. This action is being taken, in part, to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess) or propose to handle ethylphenidate.

The Federal Permitting Improvement Steering Council (Permitting Council) proposes 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). The Permitting Council added ``mining'' as a FAST-41 sector in January 2021. This proposed rule would: (1) revise the FAST-41 ``mining'' sector to 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. The proposed modification will help ensure that qualified critical minerals supply chain projects beyond critical minerals mining can obtain FAST-41 coverage. FAST-41 was enacted to improve the timeliness, predictability, transparency, and accountability of the Federal environmental review and authorization processes for covered infrastructure projects. FAST-41 coverage does not predetermine or affect the outcome of any Federal decision-making process with respect to a covered project, or modify any required environmental review or public or tribal consultation process.

NMFS has received a request from Atlantic Shores Offshore Wind LLC (Atlantic Shores), a joint venture between EDF-RE Offshore Development LLC (a wholly owned subsidiary of EDF Renewables, Inc.) and Shell New Energies US LLC, for Incidental Take Regulations (ITR) and associated Letters of Authorization (LOAs) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take, by Level A harassment and Level B harassment, of small numbers of marine mammals over the course of 5 years (2025-2029) incidental to the construction of Atlantic Shores South located offshore of New Jersey within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS- A 0499 (Lease Area) and associated ECCs (ECR Area). Atlantic Shores South would be divided into two projects: Project 1 and Project 2 (the combined hereafter referred to as the ``Project Area'') and Atlantic Shores has requested a 5-year LOA for each Project, both issued under these proposed regulations. Atlantic Shores' activities likely to result in incidental take include impact and vibratory pile driving and site assessment surveys using high-resolution geophysical (HRG) equipment within the Lease Area and Export Cable Corridor (ECC). NMFS requests comments on its proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final rule documenting our decision.

The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by a report indicating fuselage skin lap splice cracking was found between stations (STA) 767 and STA 787, just below S-14R fuselage skin lap splice, where a lower skin panel buckle intersected the upper skin of the lap splice. Cracking was also found just below S-14R between STA 747 and STA 767. This AD requires an inspection for any repair at certain skin lap splices at S- 4, S-14, and S-24 and depending on the configuration, repetitive inspections for buckling, wrinkling, or bulging at affected skin lap splices and repair, repetitive inspections for cracking at affected locations common to fuselage skin on the left and right sides and repair, and alternative inspections and on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Aircraft Industries, a.s. Model L-420, L 410 UVP-E20, and L 410 UVP-E20 CARGO airplanes. This AD was prompted by reports of the pressure plates within the main landing gear (MLG) wheel brake unit malfunctioning. This AD requires replacing certain MLG wheel brake units with serviceable parts and prohibits installing an affected part on any airplane. The FAA is issuing this AD to address the unsafe condition on these products.

At the request of the United States Secret Service (USSS), the Coast Guard is establishing a temporary security zone for the protection of persons who will be in Baltimore, MD on September 24, 2023. This security zone will prohibit persons and vessels from entering or remaining within the security zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative.

The Coast Guard is establishing a temporary safety zone for the waters of the Allegheny River on September 22, 2023, at mile marker 15.5 to 16.5 from 7:30 through 9 a.m. This action is necessary to provide for the safety of life on these navigable waters during an on- land demolition. This rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Pittsburgh or a designated representative.

This final rule simplifies processes for eligible individuals to enroll and retain eligibility in the Medicare Savings Programs (MSPs). This final rule better aligns enrollment into the MSPs with requirements and processes for other public programs. Finally, this final rule reduces the complexity of applications and reenrollment for eligible individuals.

In February 2023, as required by Reese's Law, the U.S. Consumer Product Safety Commission (CPSC or Commission) issued a notice of proposed rulemaking (NPR) to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children six years old and younger. In the NPR the Commission preliminarily determined that no existing voluntary standard met the requirements in Reese's Law at that time. In this document, however, the Commission determines that one voluntary standard, substantially revised since publication of the NPR, now meets the requirements in Reese's Law with respect to performance and labeling requirements for consumer products containing button cell or coin batteries. Reese's Law states that after a determination of sufficiency by the Commission, such a qualifying voluntary standard is treated as a consumer product safety rule. The Commission is publishing this determination, as required by Reese's Law, as well as a direct final rule to incorporate the voluntary standard by reference into our regulations. Consumer products subject to performance and labeling requirements in this direct final rule must be tested and certified as compliant with the direct final rule.

The Department of Defense (Department or DoD) is issuing a final rule to amend its regulations to exempt portions of the system of records titled CIG-16, ``Inspector General Administrative Investigation Records,'' (IGAIR) from certain provisions of the Privacy Act of 1974.

The FAA is adopting a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd. & Co. KG (RRD) Model RB211 Trent 768-60, 772-60, and 772B-60 engines. This AD was prompted by reports of cracks on affected intermediate-pressure compressor (IPC) rotor shaft balance lands. This AD requires repetitive on-wing or in-shop borescope inspections (BSIs) of the affected IPC rotor shaft balance land for cracks and replacement of any IPC rotor shaft if necessary and prohibits the installation of an affected IPC rotor shaft on any engine, 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.

The Consumer Financial Protection Bureau (Bureau or CFPB) is issuing this final rule amending the regulation text and official interpretations for Regulation Z, which implements the Truth in Lending Act (TILA). The CFPB calculates the dollar amounts for several provisions in Regulation Z annually; this final rule revises, as applicable, the dollar amounts for provisions implementing TILA and amendments to TILA, including under the Home Ownership and Equity Protection Act of 1994 (HOEPA), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The CFPB is adjusting these amounts, where appropriate, based on the annual percentage change reflected in the Consumer Price Index (CPI) in effect on June 1, 2023.

On July 5, 2023, PHMSA published an advance notice of proposed rulemaking, titled ``Hazardous Materials: Modernizing Regulations to Improve Safety and Efficiency (HM-265A),'' seeking comment of 46 topics related to modernizing the hazardous materials regulations to increase efficiency while maintaining and improving safety. In response to a request for an extension of the comment period submitted by the American Short Line and Regional Railroad Association, PHMSA is extending the comment period for the HM-265A notice for an additional 60 days. Comments to the HM-265A notice will now be due by December 4, 2023.

The Coast Guard will enforce a special local regulation for the Swim around Charleston on September 24, 2023, to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Captain of the Port Charleston identifies the regulated area for this event in Charleston, SC. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Captain of the Port Charleston or a designated representative.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Missouri Abandoned Mine Land Reclamation Fund and Abandoned Mine Reclamation and Restoration regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment was submitted in response to two executive orders by the Governor of Missouri. Each State agency was directed to review and amend their regulations to ensure that they were efficient, effective, and necessary, and to significantly reduce the volume of regulations. Missouri's amendments to their regulations will replace text to improve clarity and remove redundant sections already addressed under their Abandoned Mine State Reclamation Plan or elsewhere in their statutes and regulations (hereinafter, the Missouri Plan).

The FHWA proposes to amend its regulations that govern traffic safety and mobility in highway and street work zones. The FHWA recognizes that increasing road construction activity on our highways can lead to travel disruptions which could potentially result in congestion and crashes, as well as loss in productivity and public frustration with work zones. These proposed changes are intended to facilitate consideration of the broader safety and mobility impacts of work zones in a more coordinated and comprehensive manner across project development stages.

NMFS adjusts the 2023 baseline quotas for U.S. North Atlantic albacore tuna (northern albacore), North and South Atlantic swordfish, and the Atlantic bluefin Reserve category based on available underharvest of the 2022 adjusted U.S. quotas. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action to adjust the quotas is only temporary and will be effective through December 31, 2023. On January 1, 2024, full annual baseline allocations of northern albacore, North and South Atlantic swordfish, and the Atlantic bluefin tuna will be available to the U.S. harvest.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Miami cave crayfish (Procambarus milleri), a crayfish species from Miami-Dade County, Florida, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Miami cave crayfish. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the Miami cave crayfish as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this proposed rule, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.

This regulation establishes tolerances for residues of flonicamid in or on multiple crops listed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period due to a request for an extension of the public comment period to 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). During the 2023 legislative session, the Montana legislature passed Senate Bill 392 (SB 392), amending the Montana Strip and Underground Mine Reclamation Act (MSUMRA) as well as the Montana Code Annotated (MCA). Accordingly, Montana submitted this proposed amendment to OSMRE on its own initiative. This document gives the times and locations that the Montana program and this proposed amendment to the 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.