2023 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. This proposed AD was prompted by sleeve loops on some passenger oxygen mask lanyards that had improper crimping and unsealed ends. This proposed AD would require an inspection of the passenger oxygen mask lanyards and replacement of defective oxygen mask lanyards. This proposed AD would also prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products.

The Coast Guard will enforce certain safety zones located in the federal regulations for Annual Events in the Captain of the Port Buffalo Zone. This action is necessary and intended to protect the safety of life and property on navigable waters prior to, during, and immediately after these events. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo or their designated representative.

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 4 to Regulatory Guide (RG), 1.152, ``Criteria for Programmable Digital Devices in Safety-Related Systems of Nuclear Power Plants.'' This RG describes an approach that is acceptable to the staff of the NRC to meet regulatory requirements for promoting high functional reliability, design quality, and a secure development and operational environment (SDOE) for the use of programmable digital devices (PDDs) in the safety-related systems of nuclear power generating stations.

The Department of Homeland Security (DHS) is amending its regulations to create a framework under which the Secretary of Homeland Security (the Secretary) may, as an optional alternative to the in- person physical document examination method that employers have followed as part of the Form I-9 process set forth in current regulations, authorize alternative document examination procedures. The Secretary may authorize such alternative procedures with respect to some or all employers as part of a pilot program, upon the Secretary's determination that such procedures offer an equivalent level of security, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act, or a national emergency declared by the President pursuant to sections 201 and 301 of the National Emergencies Act. In addition, in a separate document published in this edition of the Federal Register, DHS is announcing the Secretary's authorization of an alternative document examination procedure and the conditions for participation.

The Office of Personnel Management (OPM) is finalizing provisions to expand eligibility for enrollment in the Federal Employees Dental and Vision Insurance Program (FEDVIP) to additional categories of Federal employees, and certain Postal employees. This rule also updates the provisions on enrollment for active duty service members who become eligible for FEDVIP as uniformed service retirees pursuant to the National Defense Authorization Act of 2017 (fiscal year 2017 (FY17) NDAA). In addition, this rule adds exceptions to decrease an enrollment type and to cancel an enrollment for certain enrollees who may become eligible for dental and/or vision services from the Department of Veterans Affairs (VA). Lastly, the rule also includes technical corrections and clarifications to the part.

We, the U.S. Fish and Wildlife Service (Service), propose to list two mussel species, the Salina mucket (Potamilus metnecktayi) and Mexican fawnsfoot (Truncilla cognata) (which we collectively refer to as the Rio Grande mussels in this document), as endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month findings on petitions to list the Salina mucket and Mexican fawnsfoot. After a review of the best available scientific and commercial information, we find that listing the Salina mucket and Mexican fawnsfoot is warranted. We also propose to designate critical habitat for the Salina mucket and Mexican fawnsfoot under the Act. For Salina mucket, approximately 200 river miles (rmi) (321 river kilometers (rkm)) in Brewster, Terrell, and Val Verde Counties, Texas, fall within the boundaries of the proposed critical habitat designation. For Mexican fawnsfoot, approximately 185 rmi (299 rkm) in Maverick, Webb, and Zapata Counties, Texas, fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Salina mucket and Mexican fawnsfoot. If we finalize this rule as proposed, it would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species and their designated critical habitats.

This rule makes a minor technical change to the USTR Freedom of Information Act (FOIA) regulation.

The FAA is adopting a new airworthiness directive (AD) for all Pratt & Whitney Canada Corp. (P&WC) Model PW307D engines. This AD is prompted by a root cause analysis of an event involving an uncontained failure of a high-pressure turbine (HPT) 1st-stage disk, on an International Aero Engines AG (IAE) Model V2533-A5 engine, that resulted in high-energy debris penetrating the engine cowling and an aborted takeoff. This AD requires removing certain HPT 2nd-stage disks from service and also prohibits installation of certain HPT 2nd-stage disks on any affected engine. The FAA is issuing this AD to address the unsafe condition on these products.

The U.S. Department of Labor (Department or USDOL) invites interested parties to provide information relating to the disclosure of confidential wage records under the Department's regulations governing the confidentiality and disclosure of State UC information. The Department is considering comprehensive updates to the UC confidentiality regulations and the information received in response to this RFI will inform and be considered by the Department as it reviews the UC confidentiality regulations, which may result in the development of a notice of proposed rulemaking (NPRM) to revise the regulations in a manner that would address the evolution of both information technology (IT) and the public workforce system as these changes relate to the required and permissible disclosure of confidential UC data.

FMCSA proposes amendments to its Hazardous Materials Safety Permits (HMSPs) regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook containing inspection procedures and Out-of-Service Criteria (OOSC) for inspections of shipments of transuranic waste and highway route- controlled quantities (HRCQs) of radioactive material (RAM). The OOSC provide enforcement personnel nationwide, including FMCSA's State partners, with uniform enforcement tolerances for inspections. Currently, the regulations reference the April 1, 2022, edition of the handbook. Through this notice, FMCSA proposes to incorporate by reference the April 1, 2023, edition.

The Environmental Protection Agency (EPA) is proposing to approve a request submitted by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) on January 12, 2023, and supplemented on April 19, 2023, to revise the Michigan state implementation plan (SIP) for particulate matter (PM). The revision updates the fugitive dust plan for Detroit EdisonRiver Rouge Power Plant (DTE Energy) located in River Rouge, Michigan. The facility is no longer in operation and therefore, the plan eliminates requirements to reflect plant shut down.

In this document, the Federal Communications Commission (Commission) revises its rules to provide new opportunities for unlicensed field disturbance sensor (FDS) devices (e.g., radars) to operate in the 57-71 GHz band (60 GHz band) while still ensuring coexistence with other unlicensed technologies in the band. The Commission's decision is a significant step in the continuing expansion and evolution of its rules and will supercharge the development and deployment of new and innovative radar operationsincluding valuable safety applications that detect unattended children in vehicles and which previously could only be permitted through a waiver of the rules.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900 and -900ER airplanes. This proposed AD was prompted by reports of cracks in the forward galley door cutout forward upper corner bear strap. It has been determined that the cracks were caused by high operating stresses in the fuselage skin door cutout corner area due to stress concentration at the door cutout. This proposed AD would require an inspection of the fuselage skin and the bear strap at the forward galley door cutout forward upper corner for existing repairs, and applicable related investigative and corrective inspections. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200CB, and -200PF series airplanes. This proposed AD was prompted by a crack growth analysis, which indicated that current inspections are not adequate to detect cracks in certain sections of the upper frame at the frame splice between certain stringers before a single frame fails. This proposed AD would require an inspection or records review for existing repairs; repetitive inspections for cracks of the upper frame at the frame splices between certain stringers in certain sections, and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

This action amends Class E airspace extending upward from 700 feet above the surface for Cross City Airport, Cross City, FL, as a new instrument approach procedure has been designed for this airport. This action also updates this airport's geographic coordinates.

This action amends United States Area Navigation (RNAV) route T-271, in the vicinity of Iliamna, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.

This action amends United States Area Navigation (RNAV) route T-260, in the vicinity of Nome, AK. The RNAV route amendments are necessary due to the planned decommissioning of the Non-Directional Beacon (NDB) portion of the Tin City, AK (TNC), NDB/Distance Measuring Equipment (NDB/DME) and the Point Hope, AK, (PHO) NDB. Although the Tin City, AK, (TNC) NDB will decommission, the co-located Distance Measuring Equipment (DME) will remain for use within the National Airspace System (NAS).

This action establishes United States Area Navigation (RNAV) T-route T-379, in the vicinity of Discovery, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.

This action amends the Class E airspace designated as an extension to a Class C surface area and Class E airspace extending upward from 700 feet above the surface in Nashville, TN, as the result of a Class C Airspace modification and a biennial evaluation. This action reduces the Class E airspace designated as an extension to the Nashville International Airport Class C airspace. This action also extends the Class E airspace extending upward from 700 feet above the surface surrounding Music City Executive Airport and reduces the Class E airspace extending upward from 700 feet above the surface surrounding Lebanon Municipal Airport, Murfreesboro Municipal Airport, and John C. Tune Airport.

The FAA is superseding Airworthiness Directive (AD) 2022-19-08 which applied to all Airbus Helicopters Model SA341G and SA342J helicopters. AD 2022-19-08 was prompted by a report of manufacturing defects on multiple tail rotor blades (TRBs) and required visually inspecting certain part-numbered TRBs for the presence of a linear indication, and, depending on the inspection results, fluorescent penetrant inspecting the TRB and further corrective actions if necessary. AD 2022-19-08 also prohibited installing an affected TRB unless certain requirements had been met. This AD was prompted by the determination that parts that have accumulated more than 500 flight hours (FH) since new are also affected by the unsafe condition. In addition, the defined compliance time for the visual inspection of the root area of each affected part was determined to be too strict. This AD retains certain requirements of AD 2022-19-08, includes all TRBs in the inspection requirements, and increases a compliance time as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA previously sent this AD as an emergency AD to all known U.S. owners and operators of these helicopters. The FAA is issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Illinois Environmental Protection Agency (IEPA or Illinois). The revision, submitted on July 8, 2022, incorporates revisions to the Illinois air pollution control rules entitled ``Part 243Ambient Air Quality Standards'' and also updates the ``List of Designated Reference and Equivalent Methods'' in response to EPA rulemakings and changes to the National Ambient Air Quality Standards (NAAQS) that EPA adopted in 2021.

The FAA proposes to amend rules for the manufacture, certification, operation, maintenance, and alteration of light-sport aircraft. The proposed amendments would enable enhancements in safety and performance and would increase privileges under a number of sport pilot and light-sport aircraft rules. These enhancements include increasing suitability for flight training, limited aerial work, and personal travel. This proposed rule would expand what aircraft sport pilots may operate. This NPRM also includes proposals to amend the special purpose operations for restricted category aircraft; amend the duration, eligible purposes, and operating limitations for experimental aircraft; and add operating limitations applicable to experimental aircraft engaged in space support vehicle flights to codify statutory language.

A national public hearing is being held to consider and take evidence on proposals to amend the pricing formulas in the 11 Federal Milk Marketing Orders (FMMOs).

The U.S. Department of Education (Department) issues this final interpretation, which revises and supersedes its interpretation published on August 12, 2021 (the 2021 interpretation). This interpretation revises and clarifies the Department's position on the legality of State laws and regulations that govern various aspects of the servicing of Federal student loans, such as preventing unfair or deceptive practices, correcting misapplied payments, or addressing refusals to communicate with borrowers. The Department concludes that these State laws are preempted by the Higher Education Act of 1965, as amended (HEA) and other applicable Federal laws only in limited and discrete respects, as further discussed in this interpretation. This interpretation will help facilitate close coordination between the Department and its State partners to further enhance both servicer accountability and borrower protections.

OSHA is amending its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA is amending its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. OSHA will not collect employee names or addresses, names of health care professionals, or names and addresses of facilities where treatment was provided if treatment was provided away from the worksite from the Forms 300 and 301. Establishments with 20 to 249 employees in certain industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. All establishments with 250 or more employees that are required to keep records under OSHA's injury and illness regulation will also continue to be required to electronically submit information from their Form 300A to OSHA on an annual basis. OSHA is also updating the NAICS codes used in appendix A, which designates the industries required to submit their Form 300A data, and is adding appendix B, which designates the industries required to submit Form 300 and Form 301 data. In addition, establishments will be required to include their company name when making electronic submissions to OSHA. OSHA intends to post some of the data from the annual electronic submissions on a public website after identifying and removing information that could reasonably be expected to identify individuals directly, such as individuals' names and contact information.