2023 – Federal Register Recent Federal Regulation Documents

The Mine Safety and Health Administration (MSHA) proposes to amend its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards. MSHA has preliminarily determined that under the Agency's existing standards, miners at metal and nonmetal mines and coal mines face a risk of material impairment of health or functional capacity from exposure to respirable crystalline silica. MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air ([micro]g/m\3\) for a full shift exposure, calculated as an 8-hour time-weighted average, for all miners. MSHA's proposal would also include other requirements to protect miner health, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance for metal and nonmetal miners. Furthermore, the proposal would replace existing requirements for respiratory protection and incorporate by reference ASTM F3387-19 Standard Practice for Respiratory Protection. The proposed uniform approach to respirable crystalline silica occupational exposure and improved respiratory protection for all airborne hazards would significantly improve health protections for all miners and lower the risk of material impairment of health or functional capacity.

The Coast Guard is establishing temporary regulations for certain waters of the Back River. This action is necessary to provide for the safety of life on these navigable waters near Baltimore County, MD, during a fireworks display on July 15, 2023, (alternate date on July 16, 2023). This regulation prohibits persons and vessels from being in the regulated area and safety 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 navigable waters on Lake St. Clair in Chesterfield, MI. The safety zone is necessary and intended to protect personnel, vessels, and the marine environment from potential hazards associated with fireworks displays created by the Anchor Bay Chamber of Commerce. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit, or his designated representative.

This action proposes to amend Very High Frequency (VHF) Omnidirectional Range (VOR) Federal airways V-20, V-222, V-289, V-552, V-569, and V-574, and establish United States Area Navigation (RNAV) routes T-483 and T-485. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Beaumont, TX (BPT), VOR/Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID). The Beaumont VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. This AD was prompted by a determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band), and a recent determination that this interference may affect other airplane systems using radio altimeter data, including the ground spoiler deployment system. This AD requires revising the limitations section of the existing AFM to incorporate limitations prohibiting the use of a certain master minimum equipment list (MMEL) item. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2023-03- 06, which applied to all Bombardier, Inc., Model BD-700-1A10 and BD- 700-1A11 airplanes. AD 2023-03-06 required revising the existing airplane flight manual (AFM) to incorporate limitations to mitigate identified hazards when in the presence of interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band) as identified by Notices to Air Missions (NOTAMs). Since the FAA issued AD 2023-03-06, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7-3.98 GHz. This AD requires revising the limitations section of the existing AFM to incorporate limitations prohibiting dispatch under a certain master minimum equipment list (MMEL) item. The FAA is issuing this AD to address the unsafe condition on these products.

This document contains final regulations that affect corporations filing consolidated returns. These regulations permit consolidated groups that acquire new members that were members of another consolidated group to elect in a year subsequent to the year of acquisition to waive all or part of the pre-acquisition portion of the carryback period for certain losses attributable to the acquired members where there is a retroactive statutory extension of the net operating loss (NOL) carryback period. This document finalizes certain provisions in proposed regulations that were published on July 8, 2020, and removes temporary regulations published on the same date.

The FAA proposes to adopt a new airworthiness directive (AD) for all MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by a report of missing insulation in the engine pylon area. This proposed AD would require, for certain airplanes, inspecting the engine pylon structure for discrepancies and repair if necessary. This proposed AD would also require revising the existing maintenance or inspection program, as applicable, to incorporate a new certification maintenance requirement (CMR) task. The FAA is proposing this AD to address the unsafe condition on these products.

The Department of Veterans Affairs (VA) is removing its regulation concerning the naming of cemeteries and features because, after reviewing internal policy and processes, VA determined this regulation is obsolete and unnecessary.

The FAA proposes to adopt a new airworthiness directive (AD) for all Safran Helicopter Engines, S.A. (Safran) (type certificate previously held by Turbomeca S.A.) Model Arrius 2R engines. This proposed AD was prompted by reports of inconsistencies between the torque (TQ) and measured gas temperature (MGT) conformation values recorded in the avionics and the TQ and MGT conformation values recorded on the engine log cards following replacement of the M01 and M02 modules installed on the engine. This proposed AD would require a one-time check of the consistency between the TQ and MGT conformation values recorded in the avionics and the values recorded on the engine log cards, and, if necessary, recalibrating the values and updating the engine logs, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

NMFS proposes regulations to implement Amendment 49 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). For greater amberjack, this proposed rule would revise the sector annual catch limits (ACLs), the commercial minimum size limit, the commercial seasonal trip limits, and the April spawning season closure. In addition, Amendment 49 would revise the overfishing limit (OFL), acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations of the total ACL, as well as remove the recreational annual catch targets (ACTs) for species in the FMP. The purpose of this proposed rule and Amendment 49 is to ensure catch limits are based on the best scientific information available and to ensure overfishing does not occur for the South Atlantic greater amberjack stock, while increasing social and economic benefits.

The U.S. Environmental Protection Agency is taking final action to correct the production baseline to reflect corrected calculations for the phasedown of hydrofluorocarbons pursuant to the American Innovation and Manufacturing Act.

The Coast Guard is establishing a temporary special local regulation for certain waters of Back River. This action is necessary to provide for the safety of life on these navigable waters, located in Baltimore County, MD, during activities associated with an air show event which will be held on three separate occasions between July 14, 2023 and July 16, 2023. This rule prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port, Maryland-National Capital Region or the Coast Guard Event Patrol Commander.

This final rule makes changes to PBGC's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans. The changes make clarifications and codify policies involving payment of lump sums, changes to benefit form, and valuation of plan assets.

The Debt Collection Act, as amended, requires federal agencies to either adopt existing regulations or promulgate their own regulations governing the collection of debts owed to the federal government. The Defense Nuclear Facilities Safety Board (Board) is a federal agency and has decided to adopt the regulations jointly issued by the Treasury Department and the Department of Justice.

The FAA is superseding Airworthiness Directive (AD) 2021-26- 13, which applied to all Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000-A2, Trent 1000-AE2, Trent 1000-C2, Trent 1000-CE2, Trent 1000-D2, Trent 1000-E2, Trent 1000-G2, Trent 1000-H2, Trent 1000- J2, Trent 1000-K2, and Trent 1000-L2 engines. AD 2021-26-13 required revision of the engine Time Limits Manual (TLM) life limits of certain critical rotating parts and direct accumulation counting (DAC) data files. Since the FAA issued AD 2021-26-13, RRD has revised the TLM with more restrictive airworthiness limitations, including updated life limits for certain critical parts and updated DAC data files. This AD was prompted by the manufacturer revising the engine TLM life limits of certain critical rotating parts, updating the DAC data files, and updating certain maintenance tasks. This AD requires revising the existing approved maintenance or inspection program, as applicable, to incorporate more restrictive airworthiness limitations, 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.

On June 15, 2023, the FAA published a final rule titled ``High Elevation Airport Operations''. That document made amendments to certain airworthiness regulations applicable to cabin pressurization systems and oxygen dispensing equipment on transport category airplanes, to facilitate certification of those airplanes, systems, and equipment for operation at high elevation airports, and inadvertently identified the Amendment No. as 25-148. The correct Amendment No. is 25-151. This document makes that correction.

The FAA proposes to supersede Airworthiness Directive (AD) 2020-03-19, which applies to certain Dassault Aviation Model MYSTERE- FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. AD 2020-03-19 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2020-03-19, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require the actions in AD 2020-03-19 and would require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-300F airplanes. This AD was prompted by a report indicating that the installation requirements were not followed for the first observer seat in the flight deck. This AD requires installing placards in various locations of the flight deck to indicate the proper position for the first observer seat during taxi, takeoff, and landing, and revising the existing airplane flight manual (AFM). The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000 engines. This AD was prompted by reports of excessive wear on the inner seal fins of certain high-pressure turbine (HPT) triple seals. This AD requires an inspection of the HPT triple seal for excessive wear and, depending on the results of the inspection, replacement of the HPT triple seal and the intermediate-pressure turbine (IPT) disk, 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.

This proposed rule would set forth routine updates to the Medicare home health payment rates for calendar year (CY) 2024 in accordance with existing statutory and regulatory requirements. This rule wouldprovide information on home health utilization trends and solicits comments regarding access to home health aide services; implement home health payment-related changes; rebase and revise the home health market basket and revise the labor-related share; codify statutory requirements for disposable negative pressure wound therapy (dNPWT); and implement the new items and services payment for the home intravenous immune globulin (IVIG) benefit. In addition, it proposes changes to the Home Health Quality Reporting Program (HH QRP) requirements and the expanded Home Health Value-Based Purchasing (HHVBP) Model; to implement the new Part B benefit for lymphedema compression treatment items, codify the Medicare definition of brace, and make other codification changes based on recent legislation; to add an informal dispute resolution (IDR) and special focus program (SFP) for hospice programs; to codify DMEPOS refill policy; and to revise Medicare provider and supplier enrollment requirements.

In this document, the Federal Communications Commission (Commission) directs certain fixed and mobile Broadcast Auxiliary Services (BAS) and Cable Television Relay Services (CARS) licensees authorized to use the 12.7-13.25 GHz (12.7 GHz) band to certify the accuracy of the information reflected on their licenses, including whether their facilities are operating as authorized. If a licensee is unable to make such a certification for a given license, it must cancel or modify the license in accordance with the Commission's rules. The Order is intended to improve the data that the public and the Commission have to make informed comments and decisions about the proposals discussed in the concurrent notice of proposed rulemaking, published elsewhere in this issue of the Federal Register, in which the Commission proposes to protect only those 12.7 GHz BAS and CARS stations for which the licensee timely files the certification required in this Order. A subsequent public notice will provide detailed filing instructions and establish a window for the filing of certifications.

In this document, the Federal Communications Commission (Commission or FCC) seeks comment on various proposed means for transitioning some or all of the 550 megahertz between 12.7-13.25 GHz (the 12.7 GHz band) to mobile broadband and other expanded use, as well as on alternative changes to the Commission's rules that could promote use of the band on a shared basis.

In this document, the Federal Communications Commission (Commission) expands several rules previously adopted for gateway providers to other categories of voice service providers and modifies or removes existing rules consistent with these changes. Specifically, the Commission requires all domestic voice service providers to respond to traceback requests from the Commission, civil and criminal law enforcement, and the industry traceback consortium within 24 hours of the receipt of the request. Second, it requires originating providers to block substantially similar traffic when the Commission notifies the provider of illegal traffic or risk the Commission requiring all providers immediately downstream to block all of that provider's traffic. This rule is consistent with the rule for gateway providers, and requires non-gateway intermediate or terminating providers that receive such a notice to promptly inform the Commission that it is not the originating or gateway provider for the identified traffic, identify the upstream provider(s) from which it received the traffic, and, if possible, take lawful step to mitigate the traffic. Third it requires all voice service providers to take reasonable and effective steps to ensure that the immediate upstream provider is not using it to carry or process a high volume of illegal traffic. Finally, it updates the Commission's Robocall Mitigation Database certification requirements to reflect the 24-hour traceback requirement.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. This proposed AD was prompted by reports of the wing anti-icing (WAI) system leaking in the wing leading edge. This proposed AD would require a one-time inspection of the WAI system, and corrective actions if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.