Unknown. Final rule; request for comment

5,730 words·~26 min read·/register/2022/12/29/2022-28232

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2022-12-29.xml --- 87 249 Thursday, December 29, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings, 80187-80188 2022-28292 Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: Fruit and Vegetable Industry Advisory Committee, 80111-80112 2022-28390 United States Standards: Canola, 80111 2022-28392 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See The U.S.

Codex Office Animal Animal and Plant Health Inspection Service RULES Domestic Quarantine: Quarantined Areas and Regulated Articles, 80002-80019 2022-27280 Census Bureau Census Bureau NOTICES 2020 Census Qualifying Urban Areas and Final Criteria Clarifications, 80114-80154 2022-28286 Coast Guard Coast Guard RULES Safety Zone: Lake Charles, Lake Charles, LA, 80071-80073 2022-28280 New Year's Fireworks Show, Savannah River, Savannah, GA, 80067-80069 2022-28236 Safety Zones: Corpus Christi Shipping Channel, Corpus Christi, TX, 80069-80071 2022-28371 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Overpayment Detection and Recovery Activities, 80196-80197 2022-28345 Requests for Nominations: Workforce Information Advisory Council, 80197-80198 2022-28344 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Finding of Failure to Attain and Reclassification as Serious Nonattainment for the 2012 Annual Fine Particulate Standard: Plumas County, CA, 80076-80079 2022-28269 National Pollutant Discharge Elimination System Small MS4 Urbanized Area Clarification, 80079 2022-28314 State Plans for Designated Facilities and Pollutants;

Approvals and Promulgations: Arkansas; Control of Emissions From Existing Municipal Solid Waste Landfills, 80074-80076 2022-28154 PROPOSED RULES National Pollutant Discharge Elimination System Small MS4 Urbanized Area Clarification, 80109-80110 2022-28313 NOTICES Proposed CERCLA Administrative Settlement Agreement: Removal Action by Prospective Purchaser and Proposed CERCLA Administrative Cost Recovery Settlement: Wells G and H Superfund Site, Woburn, MA, 80183-80184 2022-28310 Equal Equal Employment Opportunity Commission NOTICES Meetings;

Sunshine Act, 80184 2022-28472 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Eastern United States; Correction, 80037-80038 2022-28361 Airworthiness Directives: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 80034-80037 2022-28270 Airbus SAS Airplanes, 80026-80027 2022-28271 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.

) Airplanes, 80031-80034 2022-28279 The Boeing Company Airplanes, 80028-80031 2022-28386 PROPOSED RULES Airspace Designations and Reporting Points: Vicinity of Quincy, IL, 80095-80097 2022-28328 NOTICES Funding Opportunity: Airport Improvement Program Supplemental Discretionary Grants; Fiscal Year 2022, 80248-80254 2022-28285 Federal Communications Federal Communications Commission RULES Television Broadcasting Services: Great Falls, MT, 80079-80080 2022-28275 Federal Election Federal Election Commission RULES Civil Monetary Penalties Annual Inflation Adjustments, 80020-80023 2022-28287 Federal Energy Federal Energy Regulatory Commission NOTICES Authorization for Continued Project Operation:

Marlow Hydro, LLC, 80179-80180 2022-28398 Pacific Gas and Electric Co., 80183 2022-28399 Combined Filings, 80178-80179 2022-28397 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Hecate Energy Albany 1 LLC, 80177-80178 2022-28394 Hecate Energy Albany 2 LLC, 80182-80183 2022-28393 Records Governing Off-the-Record Communications, 80180-80181 2022-28396 Request Under Blanket Authorization: Florida Gas Transmission Company, LLC, 80181-80182 2022-28395 Federal Housing Finance Agency Federal Housing Finance Agency RULES Civil Monetary Penalty Inflation Adjustment, 80023-80026 2022-28161 NOTICES Annual Adjustment of the Cap on Average Total Assets that Defines Community Financial Institutions, 80184-80185 2022-28331 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 80185 2022-28289 Complaint and Assignment:

M.E. DEY and Co., Inc. v. Hapag-Lloyd (America), LLC, 80185 2022-28340 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Hearing, 80254-80256 2022-28282 Federal Railroad Federal Railroad Administration NOTICES Safety Advisory: Addressing Unintended Train Brake Release, 80256-80257 2022-28336 Federal Register Administrative Federal Register, Administrative Committee RULES Discontinuation of Public Papers of the Presidents Book Series and Removal of Microfiche as Official Format of Federal Register and Code of Federal Regulations, 79999-80002 2022-28232 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 80185-80186 2022-28385 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80186-80187 2022-28320 2022-28322 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: One Species Not Warranted for Delisting and Seven Species Not Warranted for Listing as Endangered or Threatened Species, 80080-80088 2022-28233 Food and Drug Food and Drug Administration RULES Medical Devices: Cardiovascular Devices; Classification of the Extracorporeal System for Carbon Dioxide Removal, 80038-80040 2022-28168 Orthopedic Devices;

Classification of the Resorbable Implant for Anterior Cruciate Ligament Repair, 80040-80042 2022-28166 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 80259-80261 2022-28290 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: voestalpine High Performance Metals, LLC (Tool Steel and Specialty Metals), Foreign-Trade Zone 207, South Boston, VA, 80154 2022-28329 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Physician-Focused Payment Model Technical Advisory Committee, 80188 2022-28330 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service RULES Exception for Interests Held by Foreign Pension Funds, 80042-80067 2022-27978 PROPOSED RULES Guidance: Foreign Government Income Exemption and the Definition of Domestically Controlled Qualified Investment Entities, 80097-80108 2022-27971 Income of Foreign Governments and International Organizations, 80108-80109 2022-27969 User Fees Relating to Enrolled Actuaries;

Hearing Cancellation, 80109 2022-28302 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 80160-80161 2022-28400 Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan, 80162 2022-28387 Certain Steel Nails from the United Arab Emirates, 80158-80159 2022-28389 Finished Carbon Steel Flanges from India;

Correction, 80155-80156 2022-28405 Large Diameter Welded Pipe from Canada, 80159-80160 2022-28379 Stilbenic Optical Brightening Agents from People's Republic of China and Taiwan, 80162-80163 2022-28380 Welded ASTM A-312 Stainless Steel Pipe from the Republic of Korea and Taiwan, 80154-80155 2022-28381 Welded Line Pipe from the Republic of Korea, 80156-80158 2022-28388 Labor Department Labor Department See Employment and Training Administration See Veterans Employment and Training Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Trade Adjustment Assistance Efforts to Improve Outcomes, 80198-80199 2022-28323 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 80200-80201 2022-28420 2022-28421 2022-28422 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Assistance Awards/Grants and Cooperative Agreements, 80202-80203 2022-28347 International Space Apps Challenge 2023 Navigator and Collaborator Applications, 80202 2022-28342 STEM Gateway (Universal Registration and Data Management System), 80203-80204 2022-28348 Licenses;

Exemptions, Applications, Amendments etc.: Intent to Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License, 80201-80202 2022-28308 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Hercules Tire and Rubber Co.; Correction, 80257-80258 2022-28335 National Institute National Institutes of Health NOTICES Licenses; Exemptions, Applications, Amendments, etc.: Development and Commercialization of Engineered Cell Therapies for the Treatment of Cancer, 80190-80191 2022-28357 Meetings:

National Institute of Diabetes and Digestive and Kidney Diseases, 80188-80190 2022-28358 2022-28370 2022-28373 National Institute of General Medical Sciences, 80191 2022-28377 Office of the Director, 80189 2022-28288 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Inseason Adjustment to the 2023 Bering Sea and Aleutian Islands Pollock, Atka Mackerel, and Pacific Cod Total Allowable Catch Amounts, 80090-80094 2022-28343 Inseason Adjustment to the 2023 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts, 80088-80090 2022-28349 NOTICES Fisheries of the Exclusive Economic Zone off Alaska:

North Pacific Observer Program Standard Ex-Vessel Prices, 80164-80172 2022-28262 Meetings: New England Fishery Management Council, 80163-80164, 80177 2022-28366 2022-28368 Pacific Fishery Management Council, 80164 2022-28367 South Atlantic Fishery Management Council, 80176-80177 2022-28365 Takes of Marine Mammals Incidental to Specified Activities: Pile Driving for the Long Beach Cruise Terminal Improvement Project, 80173-80176 2022-28382 National Park National Park Service NOTICES National Register of Historic Places:

Nominations and Related Actions, 80195-80196 2022-28326 Patent Patent and Trademark Office RULES Setting and Adjusting Patent Fees during Fiscal Year 2020, 80073-80074 2022-28436 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety; Special Permit: Portland Natural Gas Transmission System, 80258-80259 2022-28337 Presidential Documents Presidential Documents PROCLAMATIONS Trade: African Growth and Opportunity Act; Beneficiary Country Designations and Modifications (Proc. 10509), 79977-79983 2022-28473 EXECUTIVE ORDERS Government Agencies and Employees:

Rates of Pay; Adjustments (EO 14090), 79985-79997 2022-28474 Securities Securities and Exchange Commission RULES Insider Trading Arrangements and Related Disclosures, 80362-80432 2022-27675 PROPOSED RULES Regulation National Market System: Minimum Pricing Increments, Access Fees, and Transparency of Better Priced Orders, 80266-80359 2022-27616 NOTICES Application: Franklin FTSE Russia ETF, a Series of Franklin Templeton ETF Trust, and Franklin Advisory Services, LLC, 80238-80240 2022-28384 Touchstone Strategic Trust, et al., 80245 2022-28291 Joint Industry Plan:

National Market System Plan Governing the Consolidated Audit Trail, 80204-80207 2022-28296 Order: Public Company Accounting Oversight Board Budget and Annual Accounting Support Fee for Calendar Year 2023, 80211-80212 2022-28338 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 80212-80213 2022-28295 Fixed Income Clearing Corp., 80219-80225 2022-28304 Nasdaq PHLX, LLC, 80213-80219 2022-28301 National Securities Clearing Corp., 80228-80231 2022-28298 New York Stock Exchange, LLC, 80231-80238 2022-28372 NYSE American, LLC, 80240-80245 2022-28299 The Nasdaq Stock Market, LLC, 80225-80228 2022-28297 The Options Clearing Corp., 80207-80211 2022-28303 Social Social Security Administration NOTICES Civil Monetary Penalty Inflation Adjustment, 80245-80246 2022-28284 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

The Tudors: Art and Majesty in Renaissance England, 80246-80247 2022-28300 Determinations under The International Religious Freedom Act and Frank R. Wolf International Religious Freedom Act, 80247 2022-28311 Meetings: Preparation for International Maritime Organization HTW 9 Meeting, 80246 2022-28354 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80191-80194 2022-28403 Surface Transportation Surface Transportation Board NOTICES Exemption:

Trackage Rights; BNSF Railway Co., Union Pacific Railroad Co., 80247-80248 2022-28165 Codex The U.S. Codex Office NOTICES Meetings: Codex Alimentarius Commission, Committee on Residues of Veterinary Drugs in Foods, 80113-80114 2022-28339 Codex Alimentarius Commission: Codex Committee on Nutrition and Foods for Special Dietary Uses, 80112-80113 2022-28341 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Persons Providing Remittance Forwarding Services to Cuba, 80261-80262 2022-28350 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Grounds of Inadmissibility, 80194-80195 2022-28294 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Servicemembers' Group Life Insurance—Traumatic Injury Protection Application for TSGLI Benefits and TSGLI Appeal Request Form, 80262 2022-28324 VA-Guaranteed Home Loan Cash-out Refinance Loan Comparison Disclosure, 80263 2022-28401 Veterans Employment Veterans Employment and Training Service NOTICES Meetings:

Advisory Committee on Veterans' Employment, Training and Employer Outreach, 80199-80200 2022-28346 Separate Parts In This Issue Part II Securities and Exchange Commission, 80266-80359 2022-27616 Part III Securities and Exchange Commission, 80362-80432 2022-27675 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 249 Thursday, December 29, 2022 Rules and Regulations ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER 1 CFR Parts 2, 5, 8, 10, 11 and 12 [Docket OFR-2022-0001] Discontinuation of Public Papers of the Presidents Book Series and Removal of Microfiche as Official Format of the Federal Register and Code of Federal Regulations AGENCY:

Administrative Committee of the **Federal Register** . ACTION: Final rule; request for comment. SUMMARY: This final rule with request for comment discontinues the *Public Papers of the Presidents of the United States* (“ *Public Papers* ”), an annual print edition of certain presidential documents. The *Public Papers* annual print edition is based on the text of the *Daily Compilation of Presidential Documents,* which is a daily online-only publication that will remain available free of charge on the internet.

This rule also removes microfiche as an official format of the **Federal Register** and Code of Federal Regulations. Finally, the rule updates the relevant regulations to reflect the current location of the online formats of these publications and the current physical address of the Office of the Federal Register. DATES: This final rule is effective December 29, 2022. Comments must be submitted by January 30, 2023 to be considered. ADDRESSES: You may send comments, identified by OFR-2022-0001, by any of the following methods: • *Federal eRulemaking Portal: www.Regulations.gov* .

Go to *Regulations.gov* , search for OFR-2022-0001, and locate this document from the “Documents” tab or go to *www.regulations.gov/docket/OFR-2022-0001/document* and locate this document in the docket. • *Email: fr.comments@nara.gov* . Include OFR-2022-0001 in the subject line of the message. FOR FURTHER INFORMATION CONTACT: Katerina Horska, Director of Legal Affairs and Policy, Office of the Federal Register, or Miriam Vincent, Staff Attorney, Legal Affairs and Policy, Office of the Federal Register at *Fedreg.legal@nara.gov,* or 202-741-6030.

SUPPLEMENTARY INFORMATION: I. Background and Purpose Under the Federal Register Act (44 U.S.C. chapter 15), the Administrative Committee of the Federal Register (“Administrative Committee” or “ACFR”) is responsible for issuing regulations governing **Federal Register** publications. The Administrative Committee has general authority under 44 U.S.C. 1506 to determine the manner and form for publishing the **Federal Register** and its special editions. The Administrative Committee is also responsible for regulations governing the Code of Federal Regulations (“CFR”). 44 U.S.C. 1510.

Regulations promulgated by the ACFR under sections 1506 and 1510 are subject to approval by the President, who has delegated approval authority to the Attorney General and the Archivist of the United States. E.O. 10530, sec. 6(b), 3 CFR part 189 (1954); *see also* 3 U.S.C 301 note. The Administrative Committee, with the approval of the Acting Archivist and the Attorney General, is amending its regulations in 1 CFR parts 2, 5, 8, 10, 11, and 12 to discontinue one of the **Federal Register** special edition publications, the *Public Papers of the Presidents of the United States* (“ *Public Papers* ”) series, and to remove microfiche as an official format of the **Federal Register** and CFR.

This rule also updates the physical address of the Office of the Federal Register (“OFR”). A. Discontinuation of the Public Papers The *Public Papers* is a special edition of the **Federal Register** , *see* 1 CFR 10.10, that is compiled and issued by the OFR. The publication started in 1957 in response to a recommendation of the National Historical Publications Commission. 1 The *Public Papers* initially contained the compilation of the weekly series of Presidential documents, the *Weekly Compilation of Presidential Documents* (“ *Weekly Compilation* ”).

In 2009, the Administrative Committee discontinued the *Weekly Compilation,* replacing it with the *Daily Compilation of Presidential Documents* (“ *Daily Compilation* ”). *See* Availability and Official Status of the Compilation of Presidential Documents, 74 FR 3950, 3952 (Jan. 21, 2009). The *Daily Compilation* is a daily, online-only collection of the official publication of materials released by the White House Press Secretary. *See* 1 CFR 10.2, 10.3. It is available free of charge to the public.

During the Carter Administration, the *Public Papers* became a compilation of the already compiled *Weekly Compilation* documents instead of a set of individually selected and curated papers. With the January 2009 change from the *Weekly Compilation* to the *Daily Compilation,* the *Public Papers* switched from compiling the *Weekly Compilations* from a particular time period to compiling the *Daily Compilations* from the same time period. 74 FR at 3950; *see also* 1 CFR 10.11, 10.12.

Volumes of the *Public Papers* are generally published twice a year as physical, hard-bound books, with each volume spanning approximately a six-month period; the National Archives and Records Administration's Office of Presidential Libraries, in partnership with the OFR, created electronic copies of the published volumes for online access. 2 Currently, the *Public Papers* have limited reach; most of the materials are accessed online through the *Daily Compilation.* As of 2022, the Government Publishing Office (“GPO”) sells only approximately 13 to 20 copies of each volume.

Discontinuing the *Public Papers* will not change the nature or quantity of presidential materials that are published; instead, it will change only the format of those materials. The materials will remain available to any person or entity that is interested in them because all presidential documents, including transcripts of speeches and other spoken remarks and photographs contained in the *Public Papers,* are already published elsewhere—including in the *Daily Compilation* —in readily accessible formats.

The *Daily Compilation* is also more timely; it is usually available within a few days of an event featuring the President, whereas the *Public Papers,* as a result of their lengthy production process, are available, at the soonest, months after the fact. The discontinuation of the printed volumes would save government resources in production and publication, and the *Daily Compilation* would continue to provide public access to the same material. Therefore, this change will have no significant impact on the material that itself is included in the *Public Papers.* For these reasons, the Administrative Committee is discontinuing production of the *Public Papers.* B.

Removal of Microfiche as Official Format Currently, the Administrative Committee regulations require that GPO produce the **Federal Register** and CFR in three formats: in paper, in microfiche, and in Portable Document Format (“PDF”) through GPO's GovInfo website ( *www.govinfo.gov* ). 1 CFR 5.10, 8.6. 3 Microfiche is a format consisting of a flat sheet of film on which writing or other information is stored and which can be accessed using a microfiche reader. Material stored in microfiche cannot be searched by keyword unless the material is separately digitized after the production of the microfiche itself.

Because of

(1)the widespread availability of more easily searchable online editions of the **Federal Register** and the CFR via GovInfo,

(2)the ready availability of endorsed but unofficial internet formats of these publications on *FederalRegister.gov* ( *www.federalregister.gov* ) and eCFR ( *www.ecfr.gov* ), and

(3)the limited availability of microfiche readers, microfiche is now a little-used alternative format for accessing those publications. Currently, there are no non-Government subscribers to microfiche, compared to the millions of users of the online formats of the **Federal Register** and eCFR. On October 28, 2014, the Administrative Committee issued a Notice of Proposed Rulemaking (“omnibus NPRM”), which proposed to remove the list of official formats from the CFR and replace the list with regulations that describe in detail the factors the ACFR uses to determine which formats will be official. Revision of Regulations, 79 FR 64133, 64134. In response to the proposed rule, two commenters expressed concern that removing the explicit identification of certain formats as official will impact the public by leading to discontinuation of the formats on which the public relies. These commenters believed that it is important that the ACFR learn about users' needs before removing microfiche as an official format. The Administrative Committee understands these commenters' concerns and asked GPO to provide the subscription numbers for microfiche formats of the **Federal Register** and CFR. As of September 6, 2022, there were no agencies receiving microfiche **Federal Register** subscriptions and only five agencies receiving five copies of the CFR in the microfiche format. Also, although some Federal depository libraries (“FDLs”) received microfiche subscriptions in past years, all FDLs, by September 6, 2022, had discontinued their subscriptions to microfiche. Thus, the only microfiche subscribers at present are five Federal Government agencies for five copies of the CFR. Additionally, of the more than 9,000 contractors that GPO works with, there is only one contractor that submitted bids for the creation of microfiche products in recent years. GPO therefore has difficulty finding multiple bidders when it attempts to contract for the publication of the microfiche formats of the **Federal Register** and CFR. The limited number of subscribers, the scarcity of contractors continuing to produce microfiche, and the inability to actively search within this format (in contrast to online formats), demonstrate that the microfiche format is obsolete. Given the lack of microfiche use and the widespread availability of the **Federal Register** and CFR in other formats, removing microfiche as an official format will have no significant impact on the availability of material published in the **Federal Register** and CFR, and retaining that format would offer no benefit. The costs and administrative burden of maintaining the microfiche format are accordingly unjustified, and the Administrative Committee is removing microfiche as an official format of the **Federal Register** and the CFR. II. Comments Requested The ACFR welcomes comments related to any of the changes finalized in this rule and will consider these comments in making any future regulatory changes regarding the topics being currently addressed. If relevant, substantive adverse comments are received, the Administrative Committee may respond by publishing a supplemental final rule, addressing the comments in the final rule stemming from the omnibus NPRM, or initiating a new rulemaking. III. Regulatory Analysis The Administrative Committee developed this rule after considering numerous statutes and executive orders related to rulemaking. Below is a summary of the Administrative Committee's determinations after analysis of these statutes and executive orders. A. Administrative Procedure Act (“APA”) The Administrative Committee has determined that notice and comment and a delay in the effective date of this rule are unnecessary under the exceptions to these requirements for “good cause.” The APA provides that notice and comment are unnecessary “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(B). Similarly, a delay in the effective date is not required when the agency finds “good cause” for dispensing with the delay and publishes that finding with the rule. 5 U.S.C. 553(d)(3). The “unnecessary” prong of the good cause exception applies “when an administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.” *N. Carolina Growers' Ass'n, Inc.* v. *United Farm Workers,* 702 F.3d 755, 766 (4th Cir. 2012) (quotation marks omitted). “Congress intended that rule making be exempted as unnecessary when amendments are minor or merely technical, and of little public interest.” *Id.* (quotation marks omitted). Rules qualify for the good cause exception under the “unnecessary” prong when the agency is issuing “a minor rule or amendment in which the public is not particularly interested.” *Id.* at 466-67 (quotation marks omitted); *see also Util. Solid Waste Activities Grp.* v. *E.P.A.,* 236 F.3d 749, 755 (D.C. Cir. 2001) (similar). The “unnecessary” prong of the good cause exception applies to the discontinuation of the *Public Papers* because that discontinuation is inconsequential to any potentially affected industry and to the public at large. Discontinuing the *Public Papers* will not change the nature or quantity of presidential documents that are published; instead, it will simply change the format of those documents. The documents will remain available to any person or entity that is interested in them because all documents contained in the *Public Papers* are already published elsewhere in readily accessible formats. The discontinuation accordingly will have an “insignificant . . . impact” on any member of the public. *See N. Carolina Growers' Ass'n,* 702 F.3d at 766. For similar reasons, the “unnecessary” prong of the good cause exception applies to the removal of microfiche as an official format of the **Federal Register** and CFR; this removal is inconsequential to any potentially affected industry and to the public at large. All documents currently published in microfiche will remain available in other, easily accessible formats, such as the online and hard-copy formats of the **Federal Register** and CFR. The only subscribers to the microfiche format are a handful of Federal agencies. No individuals or institutions (whether part of the FDL network or otherwise) are receiving microfiche for their personal use or for library collections. The ACFR acknowledges that, in 2014, two comments on the omnibus NPRM suggested that members of the public still use microfiche, but now, eight years later, 4 zero individual members of the public subscribe to that format. Moreover, to the extent that members of the public might have once relied on microfiche formats accessible through FDLs, the fact that all FDLs have discontinued their microfiche subscriptions indicates that microfiche is no longer relevant to the public. Indeed, any member of the public who relied on an FDL to access the **Federal Register** or CFR through microfiche could use that same FDL's computer resources to access these publications' online formats. Finally, the scarcity of contractors available to create the microfiche format underscores the extent to which the public and members of the printing industry have moved beyond microfiche. The ACFR accordingly believes that the good cause exception applies to this rule because the rule is “inconsequential to the industry and to the public.” *N. Carolina Growers' Ass'n, Inc.,* 702 F.3d at 766. The Administrative Committee also believes that good cause exists for making this rule effective without a 30-day delay from the date of publication in the **Federal Register** . The 30-day waiting period “is intended to give affected parties time to adjust their behavior before the final rule takes effect.” *Riverbend Farms, Inc.* v. *Madigan,* 958 F.2d 1479, 1485 (9th Cir. 1992). Here, members of the public will not need time to adjust their behavior because all of the information and documents contained in the *Public Papers,* the **Federal Register** , and the CFR are either already available online or are published online almost immediately after their production. Thus, even in the absence of a delay in the date of this rule, members of the public will experience no interruption in their access to government information and documents. Although the good cause exception applies to this rule, the ACFR welcomes comments from interested persons on all matters related to the final rule. The ACFR will consider these comments in making any future regulatory changes regarding the topics addressed in this rulemaking. B. Executive Order 12866 and 13563 The final rule has been drafted in accordance with the principles of section 1(b) of Executive Order 12866 (Principles of Regulation), and Executive Order 13563 (Improving Regulation and Regulatory Review). The Administrative Committee has determined that this final rule is not a significant regulatory action, as defined under section 3(f) of Executive Order 12866. Because the Office of Management and Budget did not review this rule under section 6(b) of Executive Order 12866, the ACFR need not publish any information under section 6(a)(3)(E) of that order. C. Regulatory Flexibility Act The Administrative Committee certifies that this rule will not have a significant economic impact on a substantial number of small entities. This rule imposes no requirements on small entities. Also, as described above, only a single contractor submitted bids for the production of microfiche products to GPO in recent years. Thus, even assuming the contractor in question qualifies as a small entity, and even assuming that removing microfiche as an official format would affect that entity, the rule will not have a significant economic impact on a “substantial number” of small entities. *See* 5 U.S.C. 605(b). Finally, any member of the public, including persons employed by or representing small entities, can continue to access **Federal Register** publications for free through GPO's website, *www.govinfo.gov.* D. Federalism This rule has no federalism implications under Executive Order 13132 (Federalism). It does not impose compliance costs on State or local governments or preempt State law. E. Congressional Review This rule is not a major rule as defined by 5 U.S.C. 804(2). The Administrative Committee will submit a rule report, including a copy of this final rule, to each House of the Congress and to the Comptroller General of the United States as required under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act of 1986. Endnotes: 1 Office of the Federal Register, Public Papers of the Presidents (last reviewed Nov. 15, 2022), *https://www.archives.gov/federal-register/publications/presidential-papers.html* . 2 *Supra* note 1. This rule discontinues the *Public Papers* as a whole, and the series will end with the Obama Administration. As of December 29, 2022, the Administrative Committee will not produce any new volumes in any format (in paper or online). Digital copies of existing volumes will remain available. 3 The regulations currently refer to GPO Access, a predecessor website of GovInfo. GPO developed GovInfo and its predecessor websites to implement GPO's mandate under 44 U.S.C. 4101(a) to “provide a system of online access to the Congressional Record, the **Federal Register** ,” and other documents. This rule amends sections 5.10, 8.6, 11.2, and 11.3 of ACFR's regulations to reflect the name of the current website. 4 During these eight years, the Government has continued to make online access to its official publications easier for the public. *See, e.g.,* Press Release, GPO to Retire the Federal Digital System website (Nov. 29, 2018) (describing the launch of the GovInfo website and the “many enhancements” it offered to help the public access documents from all three branches of the Federal Government). List of Subjects 1 CFR Part 2 **Federal Register** publications, Government publications, Organization and functions (Government agencies). 1 CFR Part 5 Administrative practice and procedure, **Federal Register** publications, Government publications. 1 CFR Part 8 Administrative practice and procedure, Code of Federal Regulations, Government publications. 1 CFR Part 10 Government publications, Presidential documents, Public Papers of the Presidents of the United States, Daily Compilation of Presidential Documents. 1 CFR Part 11 Code of Federal Regulations, **Federal Register** , Government publications, Daily Compilation of Presidential Documents. 1 CFR Part 12 Code of Federal Regulations, Compilation of Presidential Documents, **Federal Register** publications, Government publications, Public Papers of Presidents of U.S. For the reasons discussed in the preamble, the Administrative Committee of the Federal Register, with the approval of the Acting Archivist of the United States and the Attorney General, amends 1 CFR parts 2, 5, 8, 10, 11, and 12 as set forth below: PART 2—[AMENDED] 1. The authority citation for part 2 is revised to read as follows: Authority: 44 U.S.C. 1506, 4101; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189; 1 U.S.C. 112, 113. 2. In § 2.3, revise paragraph

(b)to read as follows: § 2.3 Office of the Federal Register; location; office hours.

(b)The office is located at 732 N. Capitol Street NW, suite A-734, Washington, DC. § 2.5 [Amended] 3. In § 2.5(c), remove the text “the “Public Papers of the Presidents of the United States,” ”. PART 5—[AMENDED] 4. The authority citation for part 5 is revised to read as follows: Authority: 44 U.S.C. 1506, 4101; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189. § 5.10 [AMENDED] 5. In § 5.10, remove the text “the following formats: paper; microfiche; and online on GPO Access” and add, in its place, the text “paper and online on *www.govinfo.gov* ”. PART 8—[AMENDED] 6. The authority citation for part 8 is revised to read as follows: Authority: 44 U.S.C. 1506, 4101, 1510; sec. 6, E.O. 10530, 19 FR 2709, 3 CFR, 1954-1958 Comp., p. 189. § 8.6 [Amended] 7. Amend § 8.6 as follows: a. Remove paragraph (a)(2); b. Redesignate paragraph (a)(3) as paragraph (a)(2); c. In newly redesignated paragraph (a)(2), remove the text “GPO Access” and add, in its place, the text “ *www.govinfo.gov”;* and d. In paragraph (b), remove the text “, set requirements for microfiche images,” PART 10—[AMENDED] 8. The authority citation for part 10 is revised to read as follows: Authority: 44 U.S.C. 1506, 4101; sec. 6, E.O. 10530, 19 FR 2709, 3 CFR, 1954-1598 Comp., p. 189. Subpart B—[Removed and Reserved] 9. Remove and reserve subpart B, consisting of §§ 10.10 through 10.13. PART 11—[AMENDED] 10. The authority citation for part 11 is revised to read as follows: Authority: 44 U.S.C. 1506, 1510, 4101; sec. 6, E.O. 10530, 19 FR 2709, 3 CFR, 1954-1958 Comp., p. 189. § 11.1 [Amended] 11. In § 11.1, remove the words “and microfiche editions” and add, in their place, the word “format”. 12. Revise § 11.2 to read as follows: § 11.2 Federal Register.

(a)The subscription price for the paper format of the daily **Federal Register** is $749 per year. A combined subscription to the daily **Federal Register** , the monthly **Federal Register** Index, and the monthly LSA (List of CFR Sections Affected) is $808 per year for the paper format. Six-month subscriptions for the paper format are also available at one-half the annual rate. Those prices exclude postage. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily **Federal Register** , including postage, is based on the number of pages: $11 for an issue containing fewer than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages.

(b)The online format of the **Federal Register** is available on Government Publishing Office websites. 13. Revise § 11.3 to read as follows: § 11.3 Code of Federal Regulations.

(a)The subscription price for a complete set of the Code of Federal Regulations is $1,019 per year for the bound, paper format. Those prices exclude postage. The prevailing postal rates will be applied to orders according to the delivery method requested. The Government Publishing Office

(GPO)sells individual volumes of the paper format of the Code of Federal Regulations at prices determined by the Superintendent of Documents under the general direction of the Administrative Committee.

(b)The online format of the Code of Federal Regulations is available on GPO websites. PART 12—[AMENDED] 14. The authority citation for part 12 is revised to read as follows: Authority: 44 U.S.C. 1506, 1510, 4101; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189. § 12.2 [Amended] 15. In § 12.2(a), remove the words “or microfiche”. § 12.5 [Removed and Reserved] 16. Remove and reserve § 12.5. Debra Steidel Wall, Chair, Administrative Committee of the Federal Register. Hugh N. Halpern, Member, Administrative Committee of the Federal Register. Rosemary Hart, Member, Administrative Committee of the Federal Register. Approved: Merrick B. Garland, Attorney General. Debra Steidel Wall, Acting Archivist of the United States. [FR Doc. 2022-28232 Filed 12-28-22; 8:45 am]

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U.S. Code