2023 – Federal Register Recent Federal Regulation Documents

The U.S. Coast Guard is establishing a temporary safety zone for the navigable waters in the Pacific Ocean on the East end of Santa Catalina Island, California. This safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by ongoing recovery operations relating to the grounding of the 62-foot F/V PACIFIC KNIGHT. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port Los Angeles-Long Beach, or his designated representative.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final environmental impact statement (EIS) and draft record of decision (ROD) under the National Environmental Policy Act of 1969, as amended, for our intended action of establishing a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado. The State of Colorado (Colorado Parks and Wildlife, or CPW) requested that the Service establish an NEP in conjunction with their State-led gray wolf reintroduction effort. Establishment of this NEP under section 10(j) of the Endangered Species Act of 1973, as amended, would provide for allowable, legal, purposeful, and incidental take of the gray wolf within the State of Colorado, while also providing for the conservation of the species. In the FEIS, we analyzed the environmental consequences of a range of alternatives for our proposed rule. The action would be implemented through a final rule.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of October 16, 2023, for the direct final rule that was published in the Federal Register on July 31, 2023. This direct final rule amended its spent fuel storage regulations by revising the NAC International, Inc. MAGNASTOR[supreg] Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 to Certificate of Compliance No. 1031.

The Coast Guard will enforce special local regulations for the Clearwater offshore Nationals/Race World Offshore on September 24, 2023, to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Seventh Coast Guard District identifies the regulated area for this event in Clearwater, FL. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any designated representative.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing four general licenses (GLs) issued pursuant to the Global Magnitsky Sanctions Regulations: GLs 1, 1A, 2, and 2A, each of which was previously made available on OFAC's website.

NMFS is transferring 21.7 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category September time period resulting in an adjusted September time period subquota of 210 mt and a Reserve category quota of 5.7 mt. NMFS is also simultaneously closing the General category fishery for large medium and giant (i.e., measuring 73 inches (185 centimeters)) curved fork length or greater) BFT for the September time period. This action also waives the previously scheduled restricted-fishing days (RFDs) for the remainder of the September time period. With the RFDs waived during the closure, fishermen aboard General category permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels may tag and release BFT of all sizes, subject to the requirements of the catch-and- release and tag-and-release programs. On October 1, 2023, the fishery will reopen automatically and previously scheduled RFDs for October will resume.

The OCC is making a nonsubstantive amendment to form ``CD-1 National Bank Community Development (Part 24) Investments'' to reflect the current expiration date assigned by the Office of Management and Budget under the Paperwork Reduction Act.

The Department of Homeland Security (DHS) is withdrawing its proposed rule titled Homeland Security Acquisition Regulation (HSAR) Subcontractor Labor Hour Rates Under Time and Materials Contracts (HSAR Case 2010-001) and providing this notice of cancellation. The notice of proposed rulemaking proposed to amend the Homeland Security Acquisition Regulation (HSAR) parts 3016 and 3052 to require DHS contracts for time and material or labor hours (T&M/LH) to include separate labor hour rates for subcontractors and a description of the method that will be used to record and bill for labor hours for both contractors and subcontractors. DHS is withdrawing this proposed rule because of differing agency priorities and the staleness of the public comments. DHS will not take any further action on this proposal.

The U.S. Department of Agriculture (the Department) is issuing this notice of proposed rulemaking to improve the Food and Nutrition Service's (FNS) Supplemental Nutrition Assistance Program (SNAP) quality control (QC) system as required in the Agriculture Improvement Act of 2018 (2018 Farm Bill). The proposed changes are intended to strengthen and improve the integrity and accuracy of the SNAP QC system and to better align SNAP with requirements in the Payment Integrity Information Act of 2019 (PIIA). These changes include a significant adjustment to the SNAP QC system that involves changes to Federal and State agency sampling processes, as well as changes to the active case review process. Quality Control case sampling and review processes are key aspects of the system used to annually assess SNAP payment error rates. The Department requests comment on this rule's proposed provisions.

The Department of Energy (DOE) is amending its standards for commercial packaged boilers (CPB) in compliance with a United States Court of Appeals for the District Court of Columbia Circuit court decision vacating the January 10, 2020 rule that amended standards for CPB.

The Defense Nuclear Facilities Safety Board (Board) is issuing interim regulations to govern the collection of debts owed to the Board and to the United States by federal employees.

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation are issuing a proposed rule for comment that would require certain large depository institution holding companies, U.S. intermediate holding companies of foreign banking organizations, and certain insured depository institutions, to issue and maintain outstanding a minimum amount of long-term debt. The proposed rule would improve the resolvability of these banking organizations in case of failure, may reduce costs to the Deposit Insurance Fund, and mitigate financial stability and contagion risks by reducing the risk of loss to uninsured depositors.

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Food and Nutrition Service is correcting a final rule that appeared in the Federal Register on August 23, 2023. The document implements statutory requirements and policy improvements to strengthen administrative oversight and operational performance of the Child Nutrition Programs.

The Office of Personnel Management (OPM) is proposing a rule to reinforce and clarify longstanding civil service protections and merit system principles, codified in law, as they relate to the movement of Federal employees and positions from the competitive service to the excepted service, or from one excepted service schedule to another. First, it clarifies that, upon such a move, an employee retains the status and civil service protections they had already accrued by law, unless the employee relinquishes such rights or status by voluntarily encumbering a position that explicitly results in a loss of, or different, rights. Second, it interprets ``confidential, policy- determining, policy-making, or policy-advocating'' and ``confidential or policy-determining'' to describe positions, generally excepted from civil service protections, in accordance with statutory text, legislative history for that text, and congressional intent, to reinforce the interpretation that this term was intended to mean noncareer, political appointments. Third, it provides specific additional procedures that apply when moving positions from the competitive service to the excepted service, or from one excepted service schedule to another, for the purposes of good administration, to add transparency, and to provide employees with a right of appeal to the Merit Systems Protection Board (MSPB or Board) to the extent any such move purportedly strips employees of their civil service status and protections.

This action delays the original effective date and changes the version of FAA Order JO 7400.11 amended in the final rule published on August 16, 2023. This action also republishes the text of that final rule modifying Class E airspace extending upward from 700 feet above the surface to adequately contain all instrument flight rule (IFR) procedures at Alliance Municipal Airport, NE. This action supports the safety and management of IFR operations at the airport.

The Commission is announcing an update to the Market Dominant and Competitive product lists. This action reflects a publication policy adopted by Commission rules. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The Market Dominant and Competitive product lists, which are re-published in their entirety, include these updates.

On July 27, 2016, in Docket No. EP 711 (Sub-No. 1), the Surface Transportation Board (Board or STB) proposed to revise its reciprocal switching regulations. After considering the full record and the developments in the freight rail industry, the Board has decided not to pursue those revisions and to close Docket No. EP 711 (Sub-No. 1). Instead, in Docket No. EP 711 (Sub-No. 2), the Board is proposing a new set of regulations that would provide access to reciprocal switching when there is inadequate service. The Board will continue to assess what other action, if any, the Board should take with respect to reciprocal switching.

NMFS is proposing an amendment to the Atlantic Large Whale Take Reduction Plan (Plan) to expand the boundaries of the Massachusetts Restricted Area to include the wedge between State and Federal waters known as the Massachusetts Restricted Area Wedge. The Massachusetts Restricted Area Wedge was closed by emergency rulemaking in 2022 and 2023 due to the immediate risk to North Atlantic right whale (Eubalaena glacialis) mortality and serious injury caused by buoy lines in an area with a high co-occurrence of whales and buoy lines. This risk is expected to recur annually. This action will address this gap in protection and reduce the incidental mortality and serious injury of right whales, fin whales (Balaenoptera physalus), and humpback whales (Megaptera novaeangliae) in commercial trap/pot fisheries.

In this document, the Wireless Telecommunications Bureau (WTB), in coordination with the Media Bureau (MB) provides detailed instructions for 12.7-13.25 GHz band (12.7 GHz band) Broadband Auxiliary Service (BAS) and Cable Television Relay Services (CARS) licensees to file certifications of accuracy, or modification applications to correct, existing information in the Universal Licensing System (ULS) and Cable Operations & Licensing System (COALS), respectively, and these Bureaus establish a window for the filing of these certifications.

The Coast Guard is establishing one temporary, 500-yard radius, moving security zone for certain vessel carrying Certain Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and the La Quinta Channel. The temporary security zone is needed to protect the vessels, the CDC cargo, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative.

NMFS announces that the State of North Carolina is transferring a portion of its 2023 commercial summer flounder quota to the Commonwealth of Massachusetts. This adjustment to the 2023 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2023 commercial quotas for North Carolina and Massachusetts.

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation are inviting public comment on a notice of proposed rulemaking (proposal) that would substantially revise the capital requirements applicable to large banking organizations and to banking organizations with significant trading activity. The revisions set forth in the proposal would improve the calculation of risk-based capital requirements to better reflect the risks of these banking organizations' exposures, reduce the complexity of the framework, enhance the consistency of requirements across these banking organizations, and facilitate more effective supervisory and market assessments of capital adequacy. The revisions would include replacing current requirements that include the use of banking organizations' internal models for credit risk and operational risk with standardized approaches and replacing the current market risk and credit valuation adjustment risk requirements with revised approaches. The proposed revisions would be generally consistent with recent changes to international capital standards issued by the Basel Committee on Banking Supervision. The proposal would not amend the capital requirements applicable to smaller, less complex banking organizations.

The Department of Education (Department) proposes priorities, requirements, and definitions for use in the National Professional Development (NPD) program, Assistance Listing Number 84.365Z. The Department may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2023 and later years. We intend for these priorities, requirements, and definitions to increase the number of bilingual and multilingual teachers supporting English language learners.