2023 – Federal Register Recent Federal Regulation Documents

SBA is amending the disaster assistance regulations to reflect changes made to the Small Business Act by several recent statutes. These changes provide two new types of disaster declaration authority and revise eligibility for the Military Reservist Economic Injury Disaster Loan (MREIDL) program. This direct final rule conforms the regulations to the Act by adopting the new statutory requirements without change.

This action modifies the Class E airspace extending upward from 700 feet above the surface at Torrington Municipal Airport, WY by reducing the Class E airspace encircling the airport, removing the northwest extension and eastern procedure turn area, and adding a southeast extension. These modifications support the safety and management of instrument flight rules (IFR) operations at the airport.

The FAA proposes to supersede Airworthiness Directive (AD) 2021-26-11, which applies to all Rolls-Royce Deutschland Ltd. & Co. KG (RRD) Model RB211-Trent 875-17, 877-17, 884-17, 884B-17, 892-17, 892B- 17, and 895-17 engines. AD 2021-26-11 requires replacing the affected fuel pump on at least one affected engine. Since the FAA issued AD 2021-26-11, the FAA has determined that replacing all affected fuel pumps on all installed engines is necessary to address the unsafe condition. This proposed AD would require replacing the affected fuel pump on at least one engine before further flight and replacing all affected fuel pumps within a specified compliance time, and would also prohibit installing any affected engine onto any airplane or any affected fuel pump onto any engine, 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.

A final rule was published in the Federal Register on March 29, 2023, amending Class D airspace, Class E surface airspace, and Class E airspace extending upward from 700 feet above the surface at Middle Georgia Regional Airport, Macon, GA. The legal description for Class E surface airspace inadvertently referenced Class D airspace. This action corrects this error.

The FAA proposes to supersede Airworthiness Directive (AD) 2021-16-18, which applies to all Airbus SAS Model A330-200 Freighter, A330-200, A330-300, A330-800, A330-900, A340-200, A340-300, A340-500, and A340-600 series airplanes. AD 2021-16-18 requires repetitive inspections of certain fuel pumps for cavitation erosion, replacement if necessary, revision of the existing operator's minimum equipment list (MEL), and accomplishment of certain maintenance actions related to defueling and ground fuel transfer operations. Since the FAA issued AD 2021-16-18, new, more erosion resistant pumps were developed and the FAA determined that affected fuel pumps must be replaced with new, more erosion resistant pumps. This proposed AD would continue to require the actions in AD 2021-16-18 and would require replacement of affected parts, which would terminate the repetitive inspections, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. This proposed AD would also prohibit the installation of certain affected parts. The FAA is proposing this AD to address the unsafe condition on these products.

The Securities and Exchange Commission (``Commission'' or ``SEC'') is proposing to require electronic filing or submission of certain forms and other filings or submissions that are required to be filed with or submitted to the Commission under the Securities Exchange Act of 1934 (``Exchange Act'') and the rules and regulations under the Exchange Act. The proposal would require the electronic filing or submission on the Commission's Electronic Data Gathering, Analysis, and Retrieval (``EDGAR'') system, using structured data where appropriate, for certain forms filed or submitted by self-regulatory organizations (``SROs''). The proposal would require the information currently contained in Form 19b-4(e) to be publicly posted on the SRO's website and remove the manual signature requirements for SRO proposed rule change filings. The Commission is also proposing that a clearing agency post supplemental material to its website. In addition, the proposal would amend rules under the Exchange Act and the Securities Act of 1933 (``Securities Act'') to require the electronic filing or submission on EDGAR, using structured data where appropriate, of certain forms, reports and notices provided by broker-dealers, security-based swap dealers and major security-based swap participants. The proposed amendments also would require withdrawal in certain circumstances of notices filed in connection with an exception to counting certain dealing transactions toward determining whether a person is a security- based swap dealer. Finally, the Commission is proposing to allow electronic signatures in certain broker-dealer filings, and is proposing amendments regarding the Financial and Operational Combined Uniform Single Report (``FOCUS Report'') to harmonize with other rules, make technical corrections, and provide clarifications.

The Bureau of Safety and Environmental Enforcement (BSEE) issues this final rule to clarify and formalize its regulations related to decommissioning responsibilities of Outer Continental Shelf (OCS) oil, gas, and sulfur lessees and grant holders to ensure compliance with lease, grant, and regulatory obligations. This rule implements provisions of the proposed rule intended to clarify decommissioning responsibilities of right-of-use and easement (RUE) grant holders and to formalize BSEE's policies regarding performance by predecessors ordered to decommission OCS facilities. This rule withdraws the proposal to amend BSEE's regulations to require BSEE to proceed in reverse chronological order against predecessor lessees, owners of operating rights, and grant holders when requiring such entities to perform their accrued decommissioning obligations if the current lessees, owners, or holders have failed to perform.

The FAA proposes to supersede Airworthiness Directive (AD) 2021-05-03, which applies to certain Airbus Helicopters Model EC225LP helicopters. AD 2021-05-03 requires various inspections of a certain part-numbered left-hand (LH) engine fuel supply (fuel supply) hose and depending on the inspection results, reinstalling or removing the fuel supply hose from service. AD 2021-05-03 also requires installing an improved part and prohibits installing an affected fuel supply hose on any helicopter unless it is installed by following certain procedures. Since the FAA issued AD 2021-05-03, there were reports of difficulties using an adjusting tool to install the improved fuel supply hose. This proposed AD would continue to require the actions of 2021-05-03 and expand the applicability, expand the parts installation limitations, and require using an improved adjusting tool and updated procedures. This proposed AD would also update certain compliance times and clarify certain requirements. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is withdrawing the notice of proposed rulemaking published in the Federal Register on November 7, 2022, proposing to amend Class E airspace in Morganton, NC, because it is duplicative of a previous action.

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collections adopted in Report and Order in MB Docket No. 20-74, FCC 21-21, Rules Governing the Use of Distributed Transmission System Technologies, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

This action proposes to amend Very High Frequency (VHF) Omnidirectional Range (VOR) Federal airways V-158 and V-172 in the vicinity of Polo, IL. The amendments are due to the planned decommissioning of the VOR portion of the Polo, IL (PLL), VOR/Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID). The Polo VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The Environmental Protection Agency (EPA) is disapproving a state implementation plan (SIP) revision submitted by the State of West Virginia on June 13, 2017. The revision pertains to a new rule setting forth the requirements to establish, at the discretion of the Secretary of the West Virginia Department of Environmental Protection, an alternative emission limitation (AEL) for a source that requests an AEL. This SIP revision was submitted subsequent to a finding of substantial inadequacy and SIP call published on June 12, 2015, for provisions in the West Virginia SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is disapproving this revision to the West Virginia SIP because it does not comply with the requirements of the Clean Air Act (CAA). EPA will also be issuing a finding of failure to submit (FFS) in a separate action, published elsewhere in this issue of the Federal Register, to address West Virginia's failure to correct the deficiencies identified in the June 12, 2015, SIP call.

The Department of Health and Human Services (HHS or ``Department'') is issuing this notice of proposed rulemaking (NPRM) to solicit comment on its proposal to modify the Standards for Privacy of Individually Identifiable Health Information (``Privacy Rule'') under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act). The proposal would modify existing standards permitting uses and disclosures of protected health information (PHI) by limiting uses and disclosures of PHI for certain purposes where the use or disclosure of information is about reproductive health care that is lawful under the circumstances in which such health care is provided. The proposal would modify existing standards by prohibiting uses and disclosures of PHI for criminal, civil, or administrative investigations or proceedings against individuals, covered entities or their business associates (collectively, ``regulated entities''), or other persons for seeking, obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided.

This document contains proposed regulations regarding the Federal income tax credit under the Inflation Reduction Act of 2022 for the purchase of qualifying new clean vehicles, including new plug-in electric vehicles powered by an electric battery meeting certain requirements and new qualified fuel cell vehicles. These proposed regulations would affect eligible taxpayers who purchase new vehicles that qualify for the credit.

This action amends the Kissimmee, FL, Class D, and Class E airspace descriptions to update the Kissimmee Gateway Airport name and geographic coordinates. This action does not change the boundaries, altitudes, or operating requirements of the Class D and E airspace areas.

The Coast Guard is establishing a temporary security zone for navigable waters within a 500-yard radius of Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and crew boat Timmy V. The security zone is needed to protect the remotely operated vehicle survey operations from other vessels. Entry of vessels into this zone is prohibited unless specifically authorized by the Captain of the Port Sault Ste. Marie.

The Environmental Protection Agency (EPA) is announcing a two- day virtual public hearing to be held May 2 and May 3, 2023, on its proposal titled ``Greenhouse Gas Emissions Standards for Heavy-Duty VehiclesPhase 3,'' which was signed by Administrator Regan on April 11, 2023. An additional session may be held on May 4, 2023, if necessary to accommodate the number of testifiers that sign up to testify. In its proposal, EPA is proposing to promulgate new Greenhouse Gas (GHG) standards for heavy-duty highway vehicles starting in model year (MY) 2028 through MY 2032 and to revise certain GHG standards for MY 2027 that were established previously under EPA's Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and VehiclesPhase 2 rule. Finally, as part of this action, EPA is proposing to revise its regulations addressing preemption of state regulation of locomotives.

The Postal Service proposes to revise Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]), to reflect changes coincident with the recently announced mailing services price adjustments.

The Department of Justice (``DOJ'') and the Department of Homeland Security (``DHS'') (``collectively, ``the Departments'') are correcting inadvertent errors and omissions in the preamble and the amendatory language of the final rule titled ``Implementation of the 2022 Additional Protocol to the 2002 U.S.-Canada Agreement for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries'' published in the Federal Register on March 28, 2023.

The Coast Guard will enforce fourteen safety zones for annual firework displays in the Captain of the Port, Sector Puget Sound Zone during the dates and times noted under SUPPLEMENTARY INFORMATION. This action is necessary to prevent injury and to protect life and property of the maritime public from the hazards associated with the firework displays. The regulation prohibits persons and vessels from being in the regulated areas unless authorized by the Captain of the Port Puget Sound or a designated representative.

The Food and Drug Administration (FDA or we) published a final rule entitled ``Milk and Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt,'' on June 11, 2021 (the 2021 final rule). The International Dairy Foods Association (IDFA) objected to the final rule's provision that yogurt have either a titratable acidity of not less than 0.7 percent, expressed as lactic acid, or a pH of 4.6 or lower before the addition of bulky flavoring ingredients. We are denying IDFA's request for a public hearing with respect to this objection and are issuing a final order to modify the final rule's provision with respect to both pH and titratable acidity.

DHS is withdrawing a proposed rule titled ``Revision of Department of Homeland Security Acquisition Regulation; Limitations on Subcontracting in Emergency Acquisitions (HSAR Case 2009-005)'' and providing notice of its cancellation. The notice of proposed rulemaking proposed to amend the Homeland Security Acquisition Regulation (HSAR) to implement a law that limited the use of subcontractors on cost- reimbursement type contracts entered into by the Department to facilitate the response to or recovery from a natural disaster or act of terrorism or other man-made disaster. DHS is withdrawing this proposed rule because Congress has since repealed this provision. Thus, DHS will not take any further action on this proposal.

The Drug Enforcement Administration is proposing to modify the listing of the list I chemical, N-phenylpiperidin-4-amine (also known as 4-anilinopiperidine; N-phenyl-4-piperidinamine; 4-AP) (hereinafter referred to as 4-anilinopiperidine), to include halides of 4- anilinopiperidine. The current listing of 4-anilinopiperidine includes its amides, its carbamates, and its salts, as list I chemicals under the Controlled Substances Act. The Drug Enforcement Administration proposes the new listing to read as follows: N-phenylpiperidin-4-amine (4-anilinopiperidine; N-phenyl-4-piperidinamine; 4-AP), its amides, its carbamates, its halides, its salts, and any combination thereof, whenever the existence of such is possible, as a list I chemical under the Controlled Substances Act.

This document advises the public that the U.S. Agency for International Development (USAID) is placing in the public docket a standards document related to USAID's proposed Rulemaking that, in part, proposed to add a new section to the USAID Acquisition Regulations (AIDAR). During the public comment period, USAID received comments requesting public access to the ``USAID Digital Information Technical Guidelines,'' which are referenced in the proposed regulatory language. This document makes those Guidelines available, renames the Guidelines to ``USAID Digital Collection and Submission Standards,'' and solicits public comment.