2023 – Federal Register Recent Federal Regulation Documents

This action removes Colored Federal airway Amber 9 (A-9) due to the planned decommissioning of the Evansville, AK (EAV), Non- Directional Beacon (NDB), which provides navigation guidance for the affected route. The EAV, NDB is scheduled to be decommissioned effective on June 15, 2023.

EPA issued a final rule in the Federal Register of July 20, 2022, establishing tolerances for residues of the insecticide spiropidion and its metabolites and degradates in or on multiple commodities requested by Syngenta Crop Protection, LLC under the Federal Food, Drug, and Cosmetic Act (FIFRA). That document inadvertently misstated the nomenclature listed for the residue definition of the spiropidion metabolite SYN547305. This document corrects the noted error in the referenced regulation.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model B-17E, B-17F, and B-17G airplanes. This AD was prompted by a report indicating that the left front spar lower fitting had completely separated at the wing-to-fuselage joint, and the equivalent joint on the right side of the airplane was cracked. This AD requires inspections of the wing terminal-to-spar chord joints, and repair if necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The Coast Guard will enforce the Great Western Tube Float special local regulation on the waters of Parker, Arizona on June 10, 2023. This special local regulation is necessary to provide for the safety of the participants, crew, sponsor vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by a report that certain airplane flight manuals (AFMs) contain figures with incorrect performance charts for landing on contaminated runways. This AD requires revising the existing AFM to correct the affected performance charts. The FAA is issuing this AD to address the unsafe condition on these products.

NMFS proposes to implement annual harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), for the fishing year from July 1, 2023, through June 30, 2024. The proposed action would prohibit most directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California. Pacific sardine harvest would be allowed only for use as live bait, in minor directed fisheries, as incidental catch in other fisheries, or as authorized under exempted fishing permits. The incidental harvest of Pacific sardine would be limited to 20 percent by weight of all fish per trip when caught with other stocks managed under the Coastal Pelagic Species Fishery Management Plan, or up to 2 metric tons per trip when caught with non-Coastal Pelagic Species stocks. The proposed annual catch limit for the 2023-2024 Pacific sardine fishing year is 3,953 metric tons. This proposed rule is intended to conserve, manage, and rebuild the Pacific sardine stock off the U.S. West Coast.

The Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') are issuing a final rule in anticipation of a potential surge of migration at the southwest border (``SWB'') of the United States following the termination of the Centers for Disease Control and Prevention's (``CDC'') public health Order. The rule encourages migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in another country through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain. The rule does so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel. In the absence of such a measure, which would apply only to those who enter at the southwest land border or adjacent coastal borders during a limited, specified date range, the number of migrants expected to travel without authorization to the United States would be expected to increase significantly, to a level that risks undermining the Departments' continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system, in the face of exceptionally challenging circumstances. Coupled with an expansion of lawful, safe, and orderly pathways into the United States, the Departments expect the rule to lead to a reduction in the number of migrants who seek to cross the SWB without authorization to enter, thereby reducing the reliance by migrants on dangerous human smuggling networks, protecting against extreme overcrowding in border facilities, and helping to ensure that the processing of migrants seeking protection in the United States is done in an effective, humane, and efficient manner. In addition, the Departments are requesting comment on whether applicability of the rebuttable presumption should be extended to noncitizens who enter the United States without documents sufficient for lawful admission during the same temporary time period at a maritime border.

The FAA is adopting a new airworthiness directive (AD) for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 & 440), CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet Series 705), CL- 600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by reports from the supplier that sensing elements of the bleed air leak detection system were manufactured with insufficient salt fill, which can result in an inability to detect hot bleed air leaks. This AD requires testing of all affected overheat detection sensing elements of the bleed air leak detection system, and replacement if necessary. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 96-12-11, which applied to all Canadair Model CL-215-1A10 airplanes. AD 96-12-11 required repetitive inspections to detect discrepancies of the microswitches fitted at the water door actuator; replacement of any discrepant microswitch; and modification of the water door actuator switches, which terminates the repetitive inspections. This AD continues to require the modification of the water door actuator switches. This AD also requires modification of the water door solenoid valve common grounds, adds airplanes to the applicability, and specifies a parts installation limitation for the water door solenoid valve. This AD was prompted by reports of uncommanded opening of the water doors during flight and water scooping. 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 Saab AB, Support and Services Model 340A (SAAB/SF340A) and SAAB 340B airplanes. This AD was prompted by reports of excessive wear on certain starter generator brushes installed in the starter generator. This AD requires repetitive general visual inspections of the starter generator brushes installed in the starter generator and, depending on findings, replacement of the starter generator, and limits installation of affected generators, 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 U.S. Patent and Trademark Office (USPTO or Office) proposes to amend the rules of practice in patent cases and the rules regarding the representation of others before the USPTO to create a separate design patent practitioner bar whereby admitted design patent practitioners would practice in design patent proceedings only. Presently, there is only one patent bar that applies to those who practice in patent matters before the Office, including in utility, plant, and design patents. The potential creation of a design patent practitioner bar would not impact the ability of those already registered to practice in any patent matters, including design patent matters, before the USPTO to continue to practice in any patent matters before the Office. Furthermore, it would not impact the ability of applicants for registration who meet the current criteria, including qualifying for and passing the current registration exam, to practice in any patent matters before the Office, including design patent matters. Expanding the admission criteria of the patent bar would encourage broader participation and keep up with the ever-evolving technology and related teachings that qualify someone to practice before the USPTO.

The Coast Guard will enforce the safety zone for the Providence Fireworks on July 2, 2023, to provide for the safety of life on navigable waterways. Our regulations for safety zones for annually recurring marine events held in Coast Guard Southeastern New England Captain of the Port Zone identify the regulated area for this event. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.

The FAA proposes to adopt a new airworthiness directive (AD) for all Safran Helicopter Engines, S.A. (Safran) Model Arrius 2B2 engines. This proposed AD was prompted by the manufacturer revising the airworthiness limitations section (ALS) of the existing engine maintenance manual (EMM), introducing new and more restrictive tasks and limitations for certain life-limited parts. This proposed AD would require revising the ALS of the existing EMM or instructions for continued airworthiness (ICA) and the existing approved maintenance or inspection program, as applicable, by incorporating the actions and associated thresholds and intervals, including life limits, 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 proposes to adopt a new airworthiness directive (AD) for all Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This proposed AD was prompted by reports of an electrical burning smell in the cabin without the presence of smoke. This proposed AD would require revising the Limitations Section of the existing airplane flight manual (AFM) for your airplane, 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 Coast Guard is establishing a temporary moving safety zone on a 24-mile stretch of the Ohio River for paddle craft during the 1st Annual Race on the OYO. The safety zone will extend 100 yards from any participating vessel, as they transit from Racine, Ohio to Point Pleasant, West Virginia. This action is necessary to provide for the safety of life on these navigable waters during a paddle fest on June 17, 2023. This rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Ohio Valley or a designated representative.

This action makes two corrections to the final rule that approved the 2023 Area 2A Pacific halibut catch sharing plan and implemented recreational management measures, which published on April 11, 2023. Specifically, NMFS is correcting the open fishing dates listed for the Washington South Coast subarea fishery and a reference to the subarea allocation amount for the Washington South Coast fishery.

This rule makes non-substantive changes to Coast Guard regulations in association with a change in the Coast Guard's internal organization. The purpose of this rule is to reflect the disestablishment of Sector North Bend and reorganization of Sector Columbia River. These changes will have no substantive effect on the regulated public.

The FAA proposes to supersede Airworthiness Directive (AD) 2022-17-09, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2022-17-09 continues to require the actions of AD 2021-16-03 and requires a modification to restore two independent layers of lightning strike protection. Since the FAA issued AD 2022-17- 09, a determination was made that additional airplanes need to perform a modification to restore the two independent layers of lightning strike protection on the wing lower or upper cover. This proposed AD would continue to require the actions in AD 2022-17-09 and would require restoring the two independent layers of lightning strike protection, 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 Coast Guard will enforce the safety zone for the San Francisco Giants Fireworks in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect personnel, vessels, and the marine environment from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons and vessels are prohibited from entering into, transiting through, or remaining in the safety zone, unless authorized by the Patrol Commander (PATCOM), any Official Patrol defined as other Federal, State, or local law enforcement agencies on scene to assist the Coast Guard in enforcing the regulated area.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Francisco Bay, outside McCovey Cove, in San Francisco, CA in support of a fireworks display on May 26, 2023. The safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created by pyrotechnics. Unauthorized persons or vessels are prohibited from entering, transiting through, or remaining in the safety zone without the permission of the Captain of the Port San Francisco or a designated representative.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from solvent cleaning and degreasing operations. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

In this advance notice of proposed rulemaking, NMFS is considering management options to modify or expand reporting requirements for Atlantic highly migratory species (HMS). All HMS reporting would require electronic submission using an online or mobile reporting application. Specific to commercial vessel reporting, NMFS is considering options for electronic submission of information required on the existing, paper logbooks, as well as a logbook requirement for owners of vessels with Atlantic Tunas General category permits, Atlantic Tunas Harpoon category permits, and/or Swordfish General Commercial permits. Specific to recreational vessel reporting, NMFS is considering a logbook requirement for owners of HMS Charter/Headboat permitted vessels, as well as expanding HMS Angling permit reporting requirements. NMFS is also considering measures to encourage reporting compliance for vessel owners with HMS open access permits. Specific to dealer reporting, NMFS is considering requiring dealers to enter certain fish individually in their dealer reporting programs and a technical change in bluefin tuna (BFT) reporting requirements. Finally, specific to the HMS Exempted Fishing Permit (EFP) Program, NMFS is considering offering an electronic reporting platform, as well as some technical changes to reporting requirements.

We, NMFS, propose a rule to designate and authorize the release of nonessential experimental populations (NEPs or experimental populations) of Sacramento River (SR) winter-run Chinook salmon (Oncorhynchus tshawytscha) and Central Valley (CV) spring-run Chinook salmon (O. tshawytscha) in the McCloud and Upper Sacramento Rivers upstream of Shasta Dam (the NEP Area), California, and, under the Endangered Species Act (ESA), establish a limited set of take exceptions for the experimental populations. Successful reintroduction of populations within the species' historical ranges would contribute to viability and further conservation of these species. The issuance of limited protective regulations for the conservation of these species would provide regulatory assurances to the people in the Upper Sacramento River and McCloud River watersheds. This proposed rule also announces the availability for comment of a draft environmental assessment (EA) analyzing the environmental impacts of this proposed experimental population designation and the associated take exceptions.

The Postal Service proposes amending Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) in various sections to remove the ``known mailer'' definition and exceptions for customs declarations.

The U.S. Department of Energy (``DOE'') proposes to amend the test procedures for Packaged Terminal Air Conditioners (``PTACs'') and Packaged Terminal Heat Pumps (``PTHPs'') to establish seasonal energy efficiency metrics for heating and cooling. DOE also proposes to revise the current test procedure to measure dehumidification energy use of make-up air PTACs and PTHPs. DOE is seeking comment from interested parties on the proposal.