2023 – Federal Register Recent Federal Regulation Documents

The National Park Service revises regulations that govern the solicitation, award, and administration of concession contracts to provide commercial visitor services at National Park System units under the authority granted through the Concessions Management Improvement Act of 1998 and the National Park Service Centennial Act. The changes reduce administrative burdens and expand sustainable, high quality, and contemporary concessioner-provided visitor services in national parks.

The Consolidated Appropriations Act, 2023 requires the Secretary of Agriculture to make available an option to States to provide summer meals for non-congregate meal service in rural areas with no congregate meal service and to establish a permanent summer electronic benefits transfer for children program (Summer EBT) for the purpose of ensuring continued access to food when school is not in session for the summer. This interim final rule amends the Summer Food Service Program (SFSP) and the National School Lunch Program's Seamless Summer Option (SSO) regulations to codify the flexibility for rural program operators to provide non-congregate meal service in the SFSP and SSO, collectively referred to as the summer meal programs. This rule also establishes regulations and codifies the Summer EBT Program in the Code of Federal Regulations.

The Postal Service is proposing to amend Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to clarify Commercial Mail Receiving Agencies (CMRA) notary responsibilities for the addressee's signature.

This action stays certain amendments to the safe harbors to the Federal anti-kickback statute that were promulgated in a final rule (``Fraud And Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees'') published in the Federal Register on November 30, 2020 (the 2020 Final Rule). In response to a moratorium enacted by Congress on implementation of the 2020 Final Rule, most recently in section 11301 of the Inflation Reduction Act of 2022, which extended previous moratoria on implementation, administration, or enforcement of the 2020 Final Rule until January 1, 2032, the new effective date for the amendments set forth in the 2020 Final Rule is January 1, 2032.

The FAA is adopting a new airworthiness directive (AD) for certain Piaggio Aviation S.p.A. (Piaggio) Model P-180 airplanes. This AD is prompted by a report of corrosion on the various aluminum alloy reinforcements in the horizontal stabilizer (HS) central box caused by a humid environment inside the box from water ingress and/or condensation. This AD requires a one-time detailed inspection of the HS central box for corrosion; an assessment of the corrosion level; and depending on the determination, repetitive detailed inspections of the HS central box for corrosion and the internal composite structure for surface cracks, distortion, and damage; and repair or replacement of the HS assembly. Repair or replacement of the HS assembly is terminating action for the repetitive inspections. 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 Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This AD was prompted by a determination that the titanium threaded bolts at the forward end of the short rudder trim tab actuating rods could be subject to unexpectedly high oscillating loads due to aerodynamic forces acting on the rudder trim tab. This AD requires periodic replacement of affected titanium threaded bolts, a one-time inspection of the rudder mass balance arm and other elements of the rudder trim tab installation for correct attachment, damage (gouges), cracks, deformation, surface finish, and corrosion on any surrounding parts and, depending on findings, accomplishment of applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) emergency AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

This notice announces the reconvening of the national public hearing which began on August 23, 2023, in Carmel, Indiana, to consider and take evidence on proposals to amend the pricing formulas in the 11 Federal Milk Marketing Orders (FMMOs).

The Coast Guard is establishing a temporary safety zone for certain navigable waters in the Laguna Madre. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a firework display launched from a stationary barge in the Laguna Madre, South Padre Island, Texas. Entry of vessels or persons into this zone or remaining in the zone when it is in effect is prohibited unless specifically authorized by the Captain of the Port, Sector Corpus Christi or a designated representative.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model MD-11 and MD-11F airplanes equipped with General Electric (GE) CF6-80C2D1F high-bypass turbofan engines. This proposed AD was prompted by a report of a Model MD-11F airplane experiencing an uncommanded deployment of a thrust reverser in-flight at low altitude. This proposed AD would require a one-time detailed inspection of the engine pylon thrust reverser control system wire harnesses and applicable on-condition actions. The proposed AD would also require repetitive detailed inspections and wire integrity tests of the engine thrust reverser control system wire harnesses (in the pylon), junction box and junction box cover, left side and right side thrust reverser electrical harnesses, core (engine compartment) miscellaneous wire harness assembly, and 30 degree bulkhead wire harness assembly; and applicable on-condition actions. This AD also requires reporting. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to supersede Airworthiness Directive (AD) 2022-19-15, which applies to certain International Aero Engines, LLC (IAE LLC) Model PW1100G series engines; and AD 2023-16-07, which applies to certain IAE LLC Model PW1100G series engines and PW1400G series engines. AD 2022-19-15 requires an angled ultrasonic inspection (AUSI) of the high-pressure turbine (HPT) 1st-stage disk and HPT 2nd-stage disk, and replacement if necessary. AD 2023-16-07 requires an AUSI of the HPT 1st-stage hub (also known as the HPT 1st-stage disk) and HPT 2nd-stage hub (also known as the HPT 2nd-stage disk) for cracks, and replacement if necessary, which is terminating action for AD 2022-19- 15. The NPRM was prompted by a manufacturer investigation that determined an increased risk of powder metal anomalies for all powder metal parts in certain powder metal production campaigns, which are susceptible to failure significantly earlier than previously determined. The NPRM would have retained the AUSI requirement for certain HPT 1st-stage and HPT 2nd-stage hubs from AD 2023-16-07. The NPRM would also have required performing an AUSI of the HPT 1st-stage hub, HPT 2nd-stage hub, high-pressure compressor (HPC) 7th-stage integrally bladed rotor (IBR-7), and HPC 8th-stage integrally bladed rotor (IBR-8) for cracks and replacement if necessary. The NPRM would also have required accelerated replacement of the HPC IBR-7, HPC IBR-8, HPC rear hub, HPT 1st-stage hub, HPT 1st-stage air seal, HPT 1st-stage blade retaining plate, HPT 2nd-stage hub, HPT 2nd-stage blade retaining plate, and HPT 2nd-stage rear seal. Since issuance of the NPRM, the FAA has received information that an error was inadvertently included in the compliance times for some of the HPT 1st-stage and 2nd-stage hubs, which would have required removal significantly later than necessary. Accordingly, the NPRM is withdrawn.

The Coast Guard will enforce the safety zone in the navigable waters of the San Francisco Bay near the San Francisco Ferry building for the San Francisco New Year's Eve Fireworks Display. The safety zone will be enforced December 31, 2023, into January 1, 2024. This action is necessary to protect personnel, vessels, and the marine environment from the dangers associated with pyrotechnics. During the enforcement period, unauthorized persons or vessels are prohibited from entering, transiting through, or remaining in the safety zone, unless authorized by the Patrol Commander (PATCOM) or other Federal, State, or local law enforcement agencies.

The Environmental Protection Agency (EPA) is taking final action under the Clean Air Act (CAA or ``Act'') to approve a revision to the San Francisco Bay Area portion of the California State Implementation Plan (SIP). This revision consists of updated transportation conformity procedures related to the interagency coordination on project-level conformity and exchange of travel data for emissions inventories developed for air quality plans and regional transportation conformity analyses. This action updates the transportation conformity criteria and procedures in the California SIP.

The Commodity Futures Trading Commission (the ``Commission'' or the ``CFTC'') is proposing revisions to part 43 and part 45 of the Commission's regulations to: allow for continued geographic masking after the designation of the unique product identifier and product classification system (``UPI'') for swaps in the other commodity asset class; implement conforming changes in connection with the geographic masking requirement; add reportable data fields to appendix A to part 43 and appendix 1 to part 45 that promote international harmonization and further the Commission's surveillance and analysis activities; and implement non-substantive revisions to the descriptions of the existing reportable data elements in such appendices.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Washington, through the Department of Ecology on November 12, 2019. The revisions were submitted by Washington in response to EPA's June 12, 2015 ``SIP call'' in which EPA found a substantially inadequate Washington SIP provision providing affirmative defenses that operate to limit the jurisdiction of the Federal court in an enforcement action related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA's approval of the SIP revisions removes the substantially inadequate provision which corrects the deficiency identified in the 2015 SSM SIP call. Washington withdrew some portions of the revisions submitted that were not identified in the 2015 SSM SIP call and therefore EPA is not taking final action on those withdrawn portions.

The Coast Guard is updating its user fees for seagoing towing vessels that are 300 gross tons or more and revising user fees for other inspected towing vessels. The Coast Guard is issuing these updates because it is required to establish and maintain a fair fee for its vessel inspection services and to separate the fees for inspection options that involve third-party auditors and surveyors from inspection options that do not involve third parties. Under this final rule, owners and operators of vessels using the Alternate Compliance Program, Streamlined Inspection Program, or the Towing Safety Management System options will pay a lower fee than vessels that use the traditional Coast Guard inspection option.

The Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Board), Federal Deposit Insurance Corporation (FDIC), and the National Credit Union Administration (NCUA) (collectively, the Agencies) are adopting final changes to the Uniform Rules of Practice and Procedure (Uniform Rules) to recognize the use of electronic communications in all aspects of administrative hearings and to otherwise increase the efficiency and fairness of administrative adjudications. The OCC, Board, and FDIC are also modifying their agency-specific rules of administrative practice and procedure (Local Rules). The OCC also is integrating its Uniform Rules and Local Rules so that one set of rules applies to both national banks and Federal savings associations and amending its rules on organization and functions to address service of process.

This document contains proposed regulations that would provide guidance regarding whether a debt instrument is worthless for Federal income tax purposes. The proposed regulations are necessary to update the standard for determining when a debt instrument held by a regulated financial company or a member of a regulated financial group will be conclusively presumed to be worthless. The proposed regulations will affect regulated financial companies and members of regulated financial groups that hold debt instruments.

The Department of Homeland Security (DHS) is increasing premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for Oklahoma, submitted to the EPA by the State of Oklahoma designee (``the State'') on January 30, 2023. The SIP revisions being approved address amendments to subchapters regarding Control of Emission of Volatile Organic Compounds (VOCs) and Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas.

The Coast Guard will enforce a safety zone for a recurring firework event taking place December 31, 2023, in the Los Angeles-Long Beach Captain of the Port Zone. This action is necessary and intended to provide for the safety of life and property on navigable waterways during these events. During the enforcement period, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any official patrol vessels displaying a Coast Guard ensign.

The Coast Guard is establishing a temporary safety zone for navigable waters within a 105-foot radius of a pedestrian bridge and the surrounding Erie Canal in North Tonawanda, NY. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Eastern Great Lakes.

The Department of Commerce (the Department), through the National Institute of Standards and Technology, is amending the definition of ``material expansion'' in the September 25, 2023 final rule, Preventing the Improper Use of CHIPS Act Funding, to clarify that the construction of new semiconductor manufacturing facilities falls within the scope of the rule.

In this document, the Federal Communications Commission (Commission) amends its rules to simplify and streamline the Commission's procedures for filing waiver, deferral, and reduction requests for regulatory fees and the procedures for filing installment payment requests for all debt owed to the Commission, including regulatory fees, to reduce administrative expenses and ensure more rapid disposition of such requests.

The Coast Guard is considering establishing an anchorage ground near Crims Island, Oregon in the Columbia River. We are considering this action after receiving requests suggesting that this anchorage ground is necessary to provide for the safe anchoring of commercial vessels in the navigable waters of the Lower Columbia River. We invite your comments on this proposed rulemaking.

This action proposes to amend Very High Frequency Omnidirectional Range (VOR) Federal Airways V-48, V-52, V-216, and V- 434, and revoke VOR Federal Airway V-206. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Ottumwa, IA (OTM), VOR/Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID). The Ottumwa VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.