2023 – Federal Register Recent Federal Regulation Documents

In this document, the Federal Communications Commission (Commission) conforms a section of its rules to the requirements of the Communications Act, correcting errors that were inadvertently introduced in the prior Report and Order, which revised Commission rules to use the Nielsen Company's Local TV Station Information Report as the successor publication to the annual Station Index Directory and United States Television Household Estimates in determining a television station's designated market area for satellite and cable carriage under the Commission's regulations. This action makes no substantive changes to this regulation.

The Office of Workers' Compensation Programs (OWCP) administers the Longshore and Harbor Workers' Compensation Act and its extensions. To promote accountability and ensure fairness, OWCP proposes new rules for imposing and reviewing civil money penalties prescribed by the Longshore Act. The proposed rules would also set forth the procedures to contest OWCP's penalty determinations.

The Federal Labor Relations Authority (FLRA) is revising the regulations governing negotiability appeals to better ``expedite proceedings,'' consistent with Congress's direction. The final rule is designed to benefit the FLRA's parties by clarifying various matters and streamlining the adjudication process for negotiability appeals, resulting in more timely decisions.

This action proposes to amend the Class E airspace at Mount Pleasant, MI. The FAA is proposing this action as the result of an airspace review due to the decommissioning of the Mount Pleasant very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.

The Administration for Community Living (ACL) within the Department of Health and Human Services (``the Department'' or HHS) is issuing this Notice of Proposed Rulemaking (NPRM) to modify the implementing regulations of the Older Americans Act of 1965 (``the Act'' or OAA) to add a new subpart (Subpart D) related to Adult Protective Services (APS).

On November 17, 2021, the United States Patent and Trademark Office (USPTO) published in the Federal Register a final rule amending its regulations to implement provisions of the Trademark Modernization Act of 2020 (TMA) concerning new response periods and extensions in the examination of post-registration filings. Those provisions had an effective date of December 1, 2022. On October 13, 2022, the provisions regarding responses and extensions in the examination of post- registration filings were subsequently delayed until October 7, 2023. This notice further delays the provisions that address the post- registration provisions until the spring or early summer of 2024.

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

This rule establishes provisions for providing agricultural disaster assistance as authorized by the Extending Government Funding and Delivering Emergency Assistance Act of 2021 and the Disaster Relief Supplemental Appropriations Act, 2023. The assistance will be for 2020, 2021, and 2022 milk losses. The Milk Loss Program will provide payments to eligible dairy operations for milk that was dumped or removed without compensation from the commercial milk market due to disaster events including droughts, wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), and smoke exposure that occurred in the 2020, 2021, and 2022 calendar years. Additionally, the Disaster Relief Supplemental Appropriations Act, 2023, also authorizes assistance for eligible milk losses due to tornadoes that occurred in 2022. This rule specifies the administrative provisions, eligibility requirements, application procedures, and payment calculations for the Milk Loss Program. This rule also makes corrections to Phase 2 of the Emergency Relief Program (ERP).

In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting specific to the commercial reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS has determined that Hurricane Idalia has caused catastrophic conditions in the Gulf for certain Florida counties. This temporary rule authorizes any dealer in the affected area described in this temporary rule who does not have access to electronic reporting to delay reporting of trip tickets to NMFS and authorizes IFQ dealers within the affected area to use paper- based forms, if necessary, for basic required administrative functions, e.g., landing transactions. This temporary rule is intended to facilitate continuation of IFQ and dealer reporting operations during the period of catastrophic conditions.

The Coast Guard issues this interim rule as the first step to implement the statutorily mandated requirements for DUKW amphibious passenger vessels. This statutory mandate was enacted after the sinking of the Stretch Duck 7 on July 19, 2018, which resulted in the loss of 17 lives on Table Rock Lake, Missouri. Section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 mandates additional safety measures for DUKW amphibious passenger vessels operating on navigable waters subject to Coast Guard jurisdiction. This interim final rule codifies the statutorily mandated requirements.

This determination of acceptability expands the list of acceptable substitutes pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program. This action lists as acceptable additional substitutes for use in the refrigeration and air conditioning and fire suppression sectors.

The Department of Justice (``Department'') proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') regulations to implement the provisions of the Bipartisan Safer Communities Act (``BSCA''), effective June 25, 2022, that broaden the definition of when a person is considered ``engaged in the business'' as a dealer in firearms other than a gunsmith or pawnbroker. This proposed rule incorporates the BSCA's definition of ``predominantly earn a profit,'' creates a stand-alone definition of ``terrorism,'' and amends the definitions of ``principal objective of livelihood and profit'' and ``engaged in the business'' to ensure each conforms with the BSCA's statutory changes and can be relied upon by the public. The proposed rule also clarifies what it means for a person to be ``engaged in the business'' of dealing in firearms, and to have the intent to ``predominantly earn a profit'' from the sale or disposition of firearms. In addition, it clarifies the term ``dealer,'' including how that term applies to auctioneers, and defines the term ``responsible person.'' These proposed changes would assist persons in understanding when they are required to have a license to deal in firearms. Consistent with the Gun Control Act (``GCA'') and existing regulations, the proposed rule also defines the term ``personal collection'' to clarify when persons are not ``engaged in the business'' because they make only occasional sales to enhance a personal collection, or for a hobby, or if the firearms they sell are all or part of a personal collection. This proposed rule further addresses the lawful ways in which former licensees, and responsible persons acting on behalf of such licensees, may liquidate business inventory upon revocation or other termination of their license. Finally, the proposed rule clarifies that a licensee transferring a firearm to another licensee must do so by following the verification and recordkeeping procedures instead of using a Firearms Transaction Record, ATF Form 4473.

The Bureau of Land Management (BLM) is proposing a new rule to govern the management of surface resources and Special Areas in the National Petroleum Reserve in Alaska (NPR-A), consistent with its duties under the Naval Petroleum Reserves Production Act (NPRPA), Federal Land Policy and Management Act (FLPMA), and other authorities. The proposed rule would revise the framework for designating and assuring maximum protection of Special Areas' significant resource values, and would protect and enhance access for subsistence activities throughout the NPR-A. It would also incorporate aspects of the NPR-A Integrated Activity Plan (IAP) approved in April 2022. The proposed rule would have no effect on currently authorized oil and gas operations in the NPR-A. We solicit comments on all aspects of this proposed action.

In December 2020, the Department of Justice issued a final rule (the ``AA96 Final Rule'') establishing novel limits on the authority of immigration judges and the Board of Immigration Appeals (``BIA'' or ``Board'') to manage their dockets and efficiently dispose of cases. Among other changes, the AA96 Final Rule would have required the BIA to set simultaneous briefing schedules for every appeal, limited the authority of immigration judges and the BIA to temporarily pause cases while the United States Citizenship and Immigration Services (``USCIS'') adjudicates a noncitizen's pending visa application, and restricted the BIA's discretion to remand matters to immigration judges in light of legal and factual errors. The AA96 Final Rule was enjoined shortly after its issuance in March 2021, and it has not been in effect since that date. After careful reconsideration, the Department proposes to restore longstanding procedures in place prior to the AA96 Final Rule, including administrative closure, and to clarify and codify other established practices. Given the aforementioned injunction, the proposed regulatory language largely reflects the currently operative status quo. The Department believes that this rule will promote the efficient and expeditious adjudication of cases, afford immigration judges and the BIA flexibility to efficiently allocate their limited resources, and protect due process for parties before immigration judges and the BIA.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving portions of the State Implementation Plan (SIP) revisions submitted to the EPA by the State of Texas (the State) for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). The SIP revisions being approved describe how CAA requirements for vehicle Inspection and Maintenance (I/M) are met in the Dallas-Fort Worth (DFW) and Houston-Galveston-Brazoria (HGB) Serious ozone nonattainment areas.

The Commission is conducting further proceedings and will be accepting further comments with respect to a rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Two). This document invites further public comment and takes other administrative steps.

NMFS announces the re-opening of the commercial sector for blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent data for commercial landings of blueline tilefish indicate the commercial annual catch limit (ACL) for the 2023 fishing year has not yet been reached. Therefore, NMFS re-opens the commercial sector to harvest blueline tilefish in the South Atlantic EEZ for 6 days. The purpose of this temporary rule is to allow for the commercial ACL of blueline tilefish to be harvested while minimizing the risk of exceeding the commercial ACL.

On May 5, 2023, NMFS published the proposed rule for Draft Amendment 15 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) regarding spatial fisheries management and electronic monitoring (EM) cost allocation. In the proposed rule, NMFS announced a comment period ending on September 15, 2023. Due to requests from multiple constituents, NMFS is extending the comment period for this action to October 2, 2023. Furthermore, NMFS canceled the Amendment 15 public hearing originally scheduled for August 29, 2023, in Panama City, Florida due to Hurricane Idalia and reschedules it for September 18, 2023.

The U.S. Nuclear Regulatory Commission (NRC) is requesting comments on a regulatory basis to support a rulemaking to amend the NRC's regulations related to the use of conventional and accident tolerant light-water reactor fuel designs. The NRC's goal is to establish effective and efficient licensing of applications using fuels enriched to greater than 5.0 and less than 20.0 weight percent uranium- 235. The NRC will hold a public meeting to promote a full understanding of the planned rulemaking and facilitate public comment on the regulatory basis.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds three sites to the General Superfund section of the NPL.

The FAA proposes to adopt a new airworthiness directive (AD) for all Hamilton Sundstrand Corporation (Hamilton Sundstrand) Model 14SF-7, 14SF-15, and 14SF-23 propellers. This proposed AD was prompted by a report of an auxiliary motor and pump failing to feather a propeller in flight. This proposed AD would require replacement of a certain auxiliary motor and pump. This proposed AD would also prohibit installation of a certain auxiliary motor and pump on any propeller. The FAA is proposing this AD to address the unsafe condition on these products.

This document proposes to amend NHTSA's regulations to include an advanced crash test dummy, the Test Device for Human Occupant Restraint (THOR) 50th percentile adult male (THOR-50M). The dummy represents an adult male of roughly average height and weight and is designed for use in frontal crash tests. NHTSA plans to issue a separate NPRM to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash protection,'' to specify the THOR-50M as an alternative (at the vehicle manufacturer's option) to the 50th percentile adult male dummy currently specified in FMVSS No. 208 for use in frontal crash compliance tests.

The Securities and Exchange Commission (``Commission'') is adopting amendments to a rule under the Securities Exchange Act of 1934 (``Act'' or ``Exchange Act'') that exempts certain Commission- registered brokers or dealers from membership in a registered national securities association (``Association''). The amendments replace rule provisions that provide an exemption for proprietary trading with narrower exemptions from Association membership for any registered broker or dealer that is a member of a national securities exchange, carries no customer accounts, and effects transactions in securities otherwise than on a national securities exchange of which it is a member. The amendments create exemptions for such a registered broker or dealer that effects securities transactions otherwise than on an exchange of which it is a member that result solely from orders that are routed by a national securities exchange of which it is a member to comply with order protection regulatory requirements, or are solely for the purpose of executing the stock leg of a stock-option order.