Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2023-01-11.xml --- 88 7 Wednesday, January 11, 2023 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service RULES Pandemic Assistance Programs and Agricultural Disaster Assistance Programs, 1862-1892 2023-00005 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1564-1567 2023-00310 2023-00312 2023-00313 2023-00314 2023-00317 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1580-1582, 1584-1587 2023-00333 2023-00334 Meetings: Advisory Committee to the Director, 1583-1584 2023-00408 Board of Scientific Counselors, National Center for Health Statistics, 1582-1583 2023-00407 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 1584 2023-00242 Grants to Support New Investigators in Conducting Research Related to Preventing Interpersonal Violence Impacting Children and Youth, 1583 2023-00241 Single-Source Cooperative Agreement:

Pan American Health Organization: Building Capacity and Networks to Address Emerging Infectious Diseases in the Americas, 1579-1580 2023-00384 United Nations Children's Fund, 1582 2023-00387 Civil Rights Civil Rights Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualification Information for Candidates to Advisory Committees, 1557-1558 2023-00371 Coast Guard Coast Guard RULES Safety Zones: Technical and Conforming Amendments, 1511-1513 2023-00319 PROPOSED RULES Commercial Diving Operations;

Withdrawal, 1547 2023-00207 Safety Zone: Reentry Sites; Panama City, Pensacola, and Tallahassee, FL, 1528-1532 2023-00354 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Pandemic Assistance Programs and Agricultural Disaster Assistance Programs, 1862-1892 2023-00005 Commodity Futures Commodity Futures Trading Commission RULES Civil Monetary Penalty Inflation Adjustment, 1501-1503 2023-00396 Defense Department Defense Department See Engineers Corps Education Department Education Department PROPOSED RULES Improving Income-Driven Repayment for the William D.

Ford Federal Direct Loan Program, 1894-1930 2022-28605 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Debt Collection Improvement Act Aging and Compliance Data Requirements for Guaranty Agencies, 1570-1571 2023-00331 Meetings: President's Board of Advisors on Historically Black Colleges and Universities, 1569-1570 2023-00405 Request for Information: Public Transparency for Low-Financial-Value Postsecondary Programs, 1567-1569 2022-28606 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Energy Conservation Standards for General Service Lamps, 1638-1719 2022-28072 Standards for Distribution Transformers, 1722-1859 2022-28590 NOTICES Environmental Impact Statements; Availability, etc.: Alaska LNG Project, 1571-1572 2023-00345 Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge, 1572 2023-00362 Nuclear Energy Advisory Committee, 1572-1573 2023-00344 Engineers Engineers Corps PROPOSED RULES Military Ocean Terminal Concord, CA; Restricted Area, 1532-1533 2023-00380 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Determination of Attainment by the Attainment Date, Clean Data Determination, and Proposed Approval of Base Year Emissions Inventory for the Imperial County, CA, Nonattainment Area for the 2012 Annual Fine Particulate Matter National Ambient Air Quality Standards, 1515-1517 2022-28278 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Eastman Chemical Co. Nitrogen Oxides State Implementation Plan Call Alternative Monitoring, 1533-1537 2022-28656 Nevada;

Infrastructure Requirements for Ozone, 1537-1543 2023-00328 Designation of Areas for Air Quality Planning Purposes: California; Coachella Valley Ozone Nonattainment Area; Reclassification to Extreme, 1543-1547 2023-00330 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 1579 2023-00482 Farm Service Farm Service Agency RULES Pandemic Assistance Programs and Agricultural Disaster Assistance Programs, 1862-1892 2023-00005 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives;

Transport and Commuter Category Airplanes, 1520-1528 2023-00420 Safety Management Systems, 1932-1972 2022-28583 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Saguaro Connector Pipeline, LLC, 1575-1576 2023-00351 Combined Filings, 1573-1577 2023-00365 2023-00366 Filing: Oncor Electric Delivery Co., LLC, 1578 2023-00367 Meetings: Joint Federal-State Task Force on Electric Transmission, 1578 2023-00350 Federal Maritime Federal Maritime Commission RULES Civil Monetary Penalty Inflation Adjustment, 1517-1519 2023-00399 Federal Motor Federal Motor Carrier Safety Administration NOTICES National Registry of Certified Medical Examiners: 10-Year Refresher Training and Recertification Testing Requirements, 1626-1627 2023-00385 Federal Reserve Federal Reserve System RULES Rules of Practice for Hearings, 1497-1499 2023-00327 NOTICES Change in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 1579 2023-00404 Federal Trade Federal Trade Commission RULES Civil Monetary Penalty Inflation Adjustment, 1499-1500 2023-00382 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Initiation of 5-Year Status Reviews of 31 Species in the Southwest, 1602-1604 2023-00383 Meetings: Alaska Subsistence Regional Advisory Council, 2023, 1605-1606 2023-00339 Food and Drug Food and Drug Administration RULES Guidance:

Foreign Supplier Verification Programs for Importers of Food for Humans and Animals, 1503-1505 2023-00391 NOTICES Charter Amendments, Establishments, Renewals and Terminations: Cardiovascular and Renal Drugs Advisory Committee; Correction, 1599-1600 2023-00390 Emergency Use Authorization: In Vitro Diagnostic Device in Response to an Outbreak of Mpox, 1587-1597 2023-00394 Prescription Drug User Fee Act VII Meetings Program for Model-Informed Drug Development Approaches, 1597-1599 2023-00389 Foreign Assets Foreign Assets Control Office RULES Publication of Venezuela Sanctions Regulations Web General Licenses 1, 2, 4, and Subsequent Iterations, 1507-1511 2023-00347 NOTICES Sanctions Actions, 1627-1629 2023-00376 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

Wyeth Pharmaceuticals, LLC (Shingles and Flu Vaccines), Foreign-Trade Zone 27, Andover, MA, 1558-1559 2023-00355 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Nebraska National Forests and Grasslands; Nebraska and South Dakota; Undesirable Plant Management, 1556-1557 2023-00361 Meetings: Alaska Subsistence Regional Advisory Council, 2023, 1605-1606 2023-00339 Geological Geological Survey NOTICES Requests for Nominations: National Volcano Early Warning System Advisory Committee, 1606-1607 2023-00325 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration NOTICES Invitation to Become a National Youth Sports Strategy Champion, 1601 2023-00378 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: The National Health Service Corps and Nurse Corps Interest Capture Form, 1600-1601 2023-00219 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Health Needs Assessment, 1607-1608 2023-00356 Industry Industry and Security Bureau NOTICES Meetings: Emerging Technology Technical Advisory Committee, 1559 2023-00311 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1629-1633 2023-00250 2023-00329 2023-00336 2023-00338 2023-00357 2023-00358 2023-00359 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Rules for Long-Term Contracts, 1633-1634 2023-00337 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Chlorinated Isocyanurates from the People's Republic of China, 1559-1561 2023-00352 Justice Department Justice Department See National Institute of Corrections Land Land Management Bureau NOTICES Meetings:

Western Oregon Resource Advisory Council; Cancelation and Rescheduling, 1608 2023-00386 Plats of Survey: California, 1608-1609 2023-00335 National Archives National Archives and Records Administration NOTICES Records Management: General Records Schedule; GRS Transmittal 33, 1610-1611 2023-00379 National Institute Corrections National Institute of Corrections NOTICES Meetings: Advisory Board, 1610 2023-00395 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Species: 90-Day Finding on a Petition to List Oregon Coast and Southern Oregon and Northern California Coastal Chinook Salmon as Threatened or Endangered under the Endangered Species Act, 1548-1555 2023-00214 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pacific Coast Groundfish Fishery Rationalization Social Study, 1562-1563 2023-00402 Paperwork Submissions under the Coastal Zone Management Act Federal Consistency Requirements, 1561-1562 2023-00400 Meetings: Mid-Atlantic Fishery Management Council, 1563-1564 2023-00393 South Atlantic Fishery Management Council, 1561 2023-00392 National Park National Park Service NOTICES Meetings: Alaska Region Subsistence Resource Commission Program, 1609-1610 2023-00363 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Convergence Accelerator Evaluation and Monitoring Plan, 1611-1612 2023-00412 Meetings: Astronomy and Astrophysics Advisory Committee, 1612-1613 2023-00343 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Licenses; Exemptions, Applications, Amendments etc.: Idaho State University, 1613-1614 2023-00406 Postal Service Postal Service RULES Inspection Service Authority; Civil Monetary Penalty Inflation Adjustment, 1513-1515 2023-00322 Securities Securities and Exchange Commission NOTICES Application:

Fidelity Multi-Strategy Credit Fund and Fidelity Diversifying Solutions, LLC, 1621-1622 2023-00326 Civil Monetary Penalty Inflation Adjustment, 1614-1616 2023-00370 Self-Regulatory Organizations; Proposed Rule Changes: The Nasdaq Stock Market, LLC, 1616-1621 2023-00320 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1622-1623 2023-00315 State Department State Department RULES Civil Monetary Penalty Inflation Adjustment, 1505-1507 2023-00353 NOTICES Meetings:

International Security Advisory Board, 1623 2023-00324 Susquehanna Susquehanna River Basin Commission NOTICES Grandfathering Registration, 1625 2023-00374 Meetings: Public Hearing, 1625-1626 2023-00377 Projects Approved for Consumptive Uses of Water, 1623-1624 2023-00373 Projects Approved: Minor Modifications, 1624-1625 2023-00375 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reimbursable Screening Services Program Pilot Request, 1601-1602 2023-00316 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S. China U.S.-China Economic and Security Review Commission NOTICES Meetings: Public Hearing, 1634-1635 2023-00403 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 1635 2023-00498 Separate Parts In This Issue Part II Energy Department, 1638-1719 2022-28072 Part III Energy Department, 1722-1859 2022-28590 Part IV Agriculture Department, Commodity Credit Corporation, 1862-1892 2023-00005 Agriculture Department, Farm Service Agency, 1862-1892 2023-00005 Agriculture Department, 1862-1892 2023-00005 Part V Education Department, 1894-1930 2022-28605 Part VI Transportation Department, Federal Aviation Administration, 1932-1972 2022-28583 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. 88 7 Wednesday, January 11, 2023 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 263 [Docket No. R-1799] RIN 7100-AG 52 Rules of Practice for Hearings AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule.

SUMMARY: The Board of Governors of the Federal Reserve System (the “Board”) is issuing a final rule amending its rules of practice and procedure to adjust the amount of each civil money penalty (“CMP”) provided by law within its jurisdiction to account for inflation as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective on January 11, 2023. FOR FURTHER INFORMATION CONTACT: Thomas O. Kelly, Senior Counsel (202/974-7059), Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Ave.

NW, Washington, DC 20551. For users of Telecommunication Device for the Deaf

(TDD)only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: Federal Civil Penalties Inflation Adjustment Act The Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note (“FCPIA Act”), requires Federal agencies to adjust, by regulation, the CMPs within their jurisdiction to account for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “2015 Act”) 1 amended the FCPIA Act to require Federal agencies to make annual adjustments not later than January 15 of every year. 2 The Board is now issuing a new final rule to set the CMP levels pursuant to the required annual adjustment for 2023. The Board will apply these adjusted maximum penalty levels to any penalties assessed on or after January 11, 2023, whose associated violations occurred on or after November 2, 2015. Penalties assessed for violations occurring prior to November 2, 2015, will be subject to the amounts set in the Board's 2012 adjustment pursuant to the FCPIA Act. 3 1 Public Law 114-74, 129 Stat. 599

(2015)(codified at 28 U.S.C. 2461 note). 2 28 U.S.C. 2461 note, sec. 4(b)(1). 3 77 FR 68680 (Nov. 16, 2012). Under the 2015 Act, the annual adjustment to be made for 2023 is the percentage by which the Consumer Price Index for the month of October 2022 exceeds the Consumer Price Index for the month of October 2021. On December 15, 2022, as directed by the 2015 Act, the Office of Management and Budget

(OMB)issued guidance to affected agencies on implementing the required annual adjustment which included the relevant inflation multiplier. 4 Using OMB's multiplier, the Board calculated the adjusted penalties for its CMPs, rounding the penalties to the nearest dollar. 5 4 OMB Memorandum M-23-05, *Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015* (Dec. 15, 2022). 5 Under the 2015 Act and implementing OMB guidance, agencies are not required to make an adjustment to a CMP if, during the 12 months preceding the required adjustment, such penalty increased due to a law other than the 2015 Act by an amount greater than the amount of the required adjustment. No other laws have adjusted the CMPs within the Board's jurisdiction during the preceding 12 months. Administrative Procedure Act The 2015 Act states that agencies shall make the annual adjustment “notwithstanding section 553 of title 5, United States Code.” Therefore, this rule is not subject to the provisions of the Administrative Procedure Act (the “APA”), 5 U.S.C. 553, requiring notice, public participation, and deferred effective date. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.,* requires a regulatory flexibility analysis only for rules for which an agency is required to publish a general notice of proposed rulemaking. Because the 2015 Act states that agencies' annual adjustments are to be made notwithstanding section 553 of title 5 of United States Code—the APA section requiring notice of proposed rulemaking—the Board is not publishing a notice of proposed rulemaking. Therefore, the Regulatory Flexibility Act does not apply. Paperwork Reduction Act There is no collection of information required by this final rule that would be subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 *et seq.* List of Subjects in 12 CFR Part 263 Administrative practice and procedure, Claims, Crime, Equal access to justice, Lawyers, Penalties. Authority and Issuance For the reasons set forth in the preamble, the Board amends 12 CFR part 263 to read as follows: PART 263—RULES OF PRACTICE FOR HEARINGS 1. The authority citation for part 263 continues to read as follows: Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 248, 324, 334, 347a, 504, 505, 1464, 1467, 1467a, 1817(j), 1818, 1820(k), 1829, 1831o, 1831p-1, 1832(c), 1847(b), 1847(d), 1884, 1972(2)(F), 3105, 3108, 3110, 3349, 3907, 3909(d), 4717; 15 U.S.C. 21, 78l(i), 78o-4, 78o-5, 78u-2; 1639e(k); 28 U.S.C. 2461 note; 31 U.S.C. 5321; and 42 U.S.C. 4012a. 2. Section 263.65 is revised to read as follows: § 263.65 Civil money penalty inflation adjustments.

(a)*Inflation adjustments.* In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, the Board has set forth in paragraph

(b)of this section the adjusted maximum amounts for each civil money penalty provided by law within the Board's jurisdiction. The authorizing statutes contain the complete provisions under which the Board may seek a civil money penalty. The adjusted civil money penalties apply only to penalties assessed on or after January 11, 2023, whose associated violations occurred on or after November 2, 2015.

(b)*Maximum civil money penalties.* The maximum (or, in the cases of 12 U.S.C. 334 and 1832(c), fixed) civil money penalties as set forth in the referenced statutory sections are set forth in the table in this paragraph (b). Table 1 to Paragraph ( b ) Statute Adjusted civil money penalty 12 U.S.C. 324 *Inadvertently late or misleading reports, inter alia* $4,745 *Other late or misleading reports, inter alia* 47,454 *Knowingly or reckless false or misleading reports, inter alia* 2,372,677 12 U.S.C. 334 345 12 U.S.C. 374a 345 12 U.S.C. 504 *First Tier* 11,864 *Second Tier* 59,316 *Third Tier* 2,372,677 12 U.S.C. 505 *First Tier* 11,864 *Second Tier* 59,316 *Third Tier* 2,372,677 12 U.S.C. 1464(v)(4) 4,745 12 U.S.C. 1464(v)(5) 47,454 12 U.S.C. 1464(v)(6) 2,372,677 12 U.S.C. 1467a(i)(2) 59,316 12 U.S.C. 1467a(i)(3) 59,316 12 U.S.C. 1467a(r) *First Tier* 4,745 *Second Tier* 47,454 *Third Tier* 2,372,677 12 U.S.C. 1817(j)(16) *First Tier* 11,864 *Second Tier* 59,316 *Third Tier* 2,372,677 12 U.S.C. 1818(i)(2) *First Tier* 11,864 *Second Tier* 59,316 *Third Tier* 2,372,677 12 U.S.C. 1820(k)(6)(A)(ii) 390,271 12 U.S.C. 1832(c) 3,446 12 U.S.C. 1847(b) 59,316 12 U.S.C. 1847(d) *First Tier* 4,745 *Second Tier* 47,454 *Third Tier* 2,372,677 12 U.S.C. 1884 345 12 U.S.C. 1972(2)(F) *First Tier* 11,864 *Second Tier* 59,316 *Third Tier* 2,372,677 12 U.S.C. 3110(a) 54,224 12 U.S.C. 3110(c) *First Tier* 4,339 *Second Tier* 43,377 *Third Tier* 2,168,915 12 U.S.C. 3909(d) 2,951 15 U.S.C. 78u-2(b)(1) *For a natural person* 11,162 *For any other person* 111,614 15 U.S.C. 78u-2(b)(2) *For a natural person* 111,614 *For any other person* 558,071 15 U.S.C. 78u-2(b)(3) *For a natural person* 223,229 *For any other person* 1,116,140 15 U.S.C. 1639e(k)(1) 13,627 15 U.S.C. 1639e(k)(2) 27,252 42 U.S.C. 4012a(f)(5) 2,577 By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2023-00327 Filed 1-10-23; 8:45 am]

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