Unknown. Final rule

3,131 words·~14 min read·/register/2023/01/18/2023-00580

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-2023-01-18.xml --- 88 11 Wednesday, January 18, 2023 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2916-2918 2023-00796 Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2918-2919 2023-00806 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Order:

Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida, 2862-2867 2023-00856 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Environmental Impact Statements; Availability, etc.: Highly Pathogenic Avian Influenza Control in the United States, 2877-2879 2023-00884 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2920-2923, 2926-2930 2023-00804 2023-00807 2023-00808 2023-00809 2023-00810 Meetings, 2921 2023-00783 Meetings: World Trade Center Health Program Scientific/Technical Advisory Committee, 2923-2924 2023-00784 The Systematic Review Report for Diagnosis and Treatment of Myalgic Encephalomyelitis/Chronic Fatigue Syndrome, 2924-2926 2023-00813 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2930-2931 2023-00879 Meetings: Ground Ambulance and Patient Billing Advisory Committee; Cancellation, 2931 2023-00903 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Plan Child Support Collection and Establishment of Paternity Title IV-D of the Social Security Act, 2931-2932 2023-00764 Civil Rights Civil Rights Commission NOTICES Meetings: Guam Advisory Committee;

Cancellation, 2879 2023-00740 Indiana Advisory Committee, 2879-2880 2023-00797 Coast Guard Coast Guard RULES Safety Zone: St. Clair Icy Bazaar Fireworks, St. Clair River, MI, 2829-2831 2023-00705 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Global Markets Advisory Committee, 2894-2895 2023-00841 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Securities Offering Disclosure Rules, 2999-3001 2023-00877 Defense Department Defense Department See Engineers Corps Delaware Delaware River Basin Commission NOTICES Meetings: Public Hearing and Business Meeting, 2895-2896 2023-00849 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accrediting Agencies Reporting Activities for Institutions and Programs—Database of Accredited Postsecondary Institution and Programs, 2896 2023-00744 Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs: 2023-24 Award Year Deadline Dates, 2901-2903 2023-00818 Privacy Act;

Systems of Records, 2896-2900 2023-00768 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedure for Dishwashers, 3234-3282 2022-27879 NOTICES Importation or Exportation of Liquified Natural Gas or Electric Energy; Applications, Authorizations, etc.: Southern LNG Co., LLC, 2903-2904 2023-00850 Engineers Engineers Corps RULES Revised Definition of “Waters of the United States”, 3004-3144 2022-28595 Engraving Engraving and Printing Bureau PROPOSED RULES Distinctive Paper and Distinctive Counterfeit Deterrents for United States Federal Reserve Notes, 2871-2873 2023-00854 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; Second 10-Year Maintenance Plan for the Indian Wells Valley PM10 Planning Area, 2839-2843 2022-28307 Michigan; Base Year Emissions Inventory and Emissions Statement Rule for the 2015 Ozone Standard, 2834-2839 2023-00369 Revised Definition of “Waters of the United States”, 3004-3144 2022-28595 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Adoption and Permitting Rule Updates, 2873-2876 2023-00817 Michigan;

Base Year Emissions Inventory and Emissions Statement Rule for the 2015 Ozone Standard, 2876 2023-00368 NOTICES Certain New Chemicals: Status Information for December 2022, 2912-2916 2023-00859 Guidance: Pesticides; Evaluating the Efficacy of Antimicrobial Test Substances on Porous Surfaces in Non-Residential Settings; Extension of Comment Period, 2910 2023-00851 Meetings: Hazardous Waste Electronic Manifest System (e-Manifest) Advisory Board, 2910-2912 2023-00870 Farm Credit System Insurance Farm Credit System Insurance Corporation RULES Rules of Practice and Procedure:

Adjusting Civil Money Penalties for Inflation, 2812-2813 2023-00790 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Athens/Ben Epps Airport, Athens, GA, 2820-2821 2023-00814 Manchester and Nashua, NH, 2815-2816 2023-00726 Multiple North Dakota Towns, 2818-2819 2023-00569 Vicinity of Kokomo, IN, 2816-2818 2023-00823 Increase the Duration of Aircraft Registration; Confirmation of Effective Date and Correction, 2813-2814 2023-00794 Miscellaneous Amendments;

Correction, 2813 2023-00139 PROPOSED RULES Airspace Designations and Reporting Points: Antlers, OK, 2869-2870 2023-00822 Rantoul, IL, 2870-2871 2023-00821 St. James, MI, 2867-2869 2023-00820 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2971-2973 2023-00811 FCAH Federal Council on the Arts and the Humanities NOTICES Meetings: Arts and Artifacts Indemnity Panel Advisory Committee, 2974 2023-00747 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 2916 2023-00905 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: Board of Visitors for the National Fire Academy, 2958-2959 2023-00875 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2904-2905, 2907-2909 2023-00771 2023-00838 2023-00843 2023-00844 Filing: City of Azusa, CA, 2905 2023-00846 City of Banning, CA, 2907 2023-00845 City of Colton, CA, 2905-2906 2023-00848 City of Riverside, CA, 2904 2023-00847 North American Electric Reliability Corp., 2907 2023-00772 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Pivot Point Energy Group, LLC, 2909-2910 2023-00769 Meetings; Sunshine Act, 2906-2907 2023-00954 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Bridge in City of Corvallis, Benton County, OR, 2988-2989 2023-00816 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2916 2023-00857 Fish Fish and Wildlife Service NOTICES Permit Applications: Foreign Endangered Species, 2963-2965 2023-00880 2023-00883 Marine Mammal Protection Act, 2962-2963 2023-00882 Food and Drug Food and Drug Administration NOTICES Determination That OFIRMEV (Acetaminophen) Injection, 1,000 Milligrams/100 Milliliters (10 Milligrams/Milliliter), Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 2934-2935 2023-00792 Final Debarment Order:

Gabriel J. Letizia, Jr., 2935-2937 2023-00791 Guidance: Optimizing the Dosage of Human Prescription Drugs and Biological Products for the Treatment of Oncologic Diseases, 2932-2933 2023-00837 Meetings: Drug Safety and Risk Management Advisory Committee and the Dermatologic and Ophthalmic Drugs Advisory Committee, 2937-2938 2023-00795 Understanding the Use of Negative Controls to Assess the Validity of Non-Interventional Studies of Treatment Using Real-World Evidence; Public Workshop, 2933-2934 2023-00840 Food Safety Food Safety and Inspection Service RULES Prior Label Approval System:

Expansion of Generic Label Approval, 2798-2812 2023-00693 Foreign Trade Foreign-Trade Zones Board NOTICES Approval for Production Authority: OFS Fitel, LLC (Optical Fiber Products), Foreign-Trade Zone 26, Carrollton, GA, 2880 2023-00815 General Services General Services Administration RULES Federal Travel Regulation: Constructive Cost, 2843-2845 2023-00733 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health RULES World Trade Center Health Program:

Addition of Uterine Cancer to the List of World Trade Center-Related Health Conditions, 2845-2858 2023-00645 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Health Service Corps Loan Repayment Programs, 2938-2940 2023-00819 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Privacy Act;

Implementation: Department of Homeland Security U.S. Customs and Border Protection-020 Export Information System System of Records, 2797 2023-00580 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Housing Choice Voucher Program and Tribal HUD-VA Supportive Housing Program, 2959-2962 2023-00805 Allocations for Community Development Block Grant Disaster Recovery and Implementation of the Community Development Block Grant Disaster Recovery Consolidated Waivers and Alternative Requirements, 3198-3232 2023-00721 Indian Affairs Indian Affairs Bureau NOTICES Rate Adjustments for Indian Irrigation Projects, 2965-2970 2023-00863 Indian Health Indian Health Service NOTICES Purchased/Referred Care Delivery Area Redesignation for the Hoh Tribe in the State of Washington, 2940-2945 2023-00864 Industry Industry and Security Bureau RULES Additional Export Controls:

Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification; Updates to the Controls to Add Macau, 2821-2829 2023-00888 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau NOTICES Fiscal Year 2020 Service Contract Inventory, 2970 2023-00787 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Preserved Mushrooms from France, 2971 2023-00862 Emulsion Styrene-Butadiene Rubber from Czechia and Russia;

Correction, 2970 2023-00860 Meetings; Sunshine Act, 2971 2023-00935 Labor Department Labor Department See Federal Contract Compliance Programs Office See Occupational Safety and Health Administration Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: Apollo (Motor), 2991-2992 2023-00826 Cookie Too (Sail), 2993 2023-00828 Double Down (Motor), 2992 2023-00831 Lucero (Sail), 2995-2996 2023-00827 Ocean Pearl (Motor), 2990-2991 2023-00834 Templar (Sail), 2994-2995 2023-00825 The Garlic (Motor), 2994 2023-00830 Tortuga (Motor), 2989-2990 2023-00833 National Foundation National Foundation on the Arts and the Humanities See Federal Council on the Arts and the Humanities National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 2946-2947, 2950 2023-00754 2023-00872 Fogarty International Center, 2948-2949 2023-00765 National Cancer Institute, 2952-2953 2023-00873 National Institute of Allergy and Infectious Diseases, 2946-2947, 2950-2952, 2954-2955 2023-00760 2023-00761 2023-00762 2023-00763 2023-00767 2023-00866 2023-00868 2023-00758 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 2947-2950, 2957 2023-00741 2023-00742 2023-00743 National Institute of Biomedical Imaging and Bioengineering, 2951 2023-00753 National Institute of Diabetes and Digestive and Kidney Diseases, 2956 2023-00755 National Institute of General Medical Sciences, 2951-2952 2023-00751 National Institute of Neurological Disorders and Stroke, 2951, 2954, 2956 2023-00756 2023-00766 2023-00867 National Institute on Aging, 2955-2956 2023-00749 2023-00750 National Institute on Deafness and Other Communication Disorders, 2948, 2955 2023-00752 2023-00759 National Institute on Drug Abuse, 2953-2954 2023-00757 National Institute on Minority Health and Health Disparities, 2948 2023-00874 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pacific Cod by Catcher Vessels Greater than or Equal to 60 Feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 2861 2023-00746 Fisheries of the Northeastern United States: Atlantic Herring Fishery; 2023 Management Area 3 Possession Limit Adjustment, 2859-2860 2023-00798 PROPOSED RULES Taking and Importing Marine Mammals: U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, ME, 3146-3195 2023-00332 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NOAA Space-Based Data Collection System Agreements, 2887-2888 2023-00778 Endangered and Threatened Species: Take of Abalone, 2889 2023-00803 Meetings: North Pacific Albacore United States Stakeholder, 2888 2023-00789 Pacific Fishery Management Council, 2888-2889 2023-00855 Takes of Marine Mammals Incidental to Specified Activities: Incidental to the Replacement of Pier 3 at Naval Station Norfolk, Norfolk, VA, 2880-2887 2023-00801 Naval Base Point Loma Fuel Pier Inboard Pile Removal Project, 2889-2892 2023-00800 National Transportation National Transportation Safety Board RULES Civil Monetary Penalty Annual Inflation Adjustment, 2858-2859 2023-00881 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Membership Appointments:

National Advisory Committee on Occupational Safety and Health, 2973-2974 2023-00812 Patent Patent and Trademark Office NOTICES Expanded Collaborative Search Pilot Program, 2892-2894 2023-00799 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Pendency for Request for Approval of Special Withdrawal Liability Rules: Motion Picture Laboratory Technicians and Film Editors Local 780 Pension Fund, 2974-2976 2023-00876 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Permits;

Applications, Issuances, etc.: Colorado Interstate Gas Company, LLC, 2996-2997 2023-00839 Postal Regulatory Postal Regulatory Commission NOTICES Postal Service Performance Report and Performance Plan, 2976-2977 2023-00785 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961; Delegation of Authority Under Section 506(a)(1) (Memorandum of January 6, 2023), 2795 2023-00985 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2981-2983 2023-00773 2023-00779 Application: Elevation Series Trust and Paralel Advisors, LLC, 2981 2023-00786 Fidelity Private Credit Fund., et al., 2980-2981 2023-00788 Self-Regulatory Organizations; Proposed Rule Changes: Long-Term Stock Exchange, Inc., 2977-2980 2023-00777 Nasdaq PHLX, LLC, 2983-2985 2023-00776 New York Stock Exchange, LLC, 2985-2987 2023-00775 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2987-2988 2023-00829 2023-00853 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Transportation Statistics Bureau Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Confidential Close Call Transit Data for the Washington Metropolitan Area Transit Authority, 2997-2999 2023-00852 Treasury Treasury Department See Comptroller of the Currency See Engraving and Printing Bureau Customs U.S.

Customs and Border Protection NOTICES Quarterly Internal Revenue Service Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties, 2957-2958 2023-00836 Veteran Affairs Veterans Affairs Department RULES Modifications of Approval Requirements for Courses Designed to Prepare Individuals for Licensure or Certifications, 2831-2834 2023-00556 Separate Parts In This Issue Part II Defense Department, Engineers Corps, 3004-3144 2022-28595 Environmental Protection Agency, 3004-3144 2022-28595 Part III Commerce Department, National Oceanic and Atmospheric Administration, 3146-3195 2023-00332 Part IV Housing and Urban Development Department, 3198-3232 2023-00721 Part V Energy Department, 3234-3282 2022-27879 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 11 Wednesday, January 18, 2023 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. USCBP-2022-0039] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S.

Customs and Border Protection-020 Export Information System System of Records AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland Security. ACTION: Final rule. SUMMARY: The U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled “DHS/CBP-020 Export Information System

(EIS)System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DATES: This final rule is effective January 18, 2023. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Debra Danisek, *Privacy.CBP@cbp.dhs.gov,*

(202)344-1610, CBP Privacy Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229. For privacy issues please contact: Lynn Parker Dupree,

(202)343-1717, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background The U.S. Department of Homeland Security (DHS), Customs and Border Protection (CBP), published a notice of proposed rulemaking in the **Federal Register** , 80 FR 53019, September 2, 2015, proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DHS issued the new “DHS/CBP-020 Export Information System

(EIS)System of Records” in the **Federal Register** , 80 FR 53181, September 2, 2015, to provide notice of the records maintained by CBP concerning individuals who participate in exporting goods from the United States. DHS/CBP invited comments on both the notice of proposed rulemaking

(NPRM)and System of Records Notice (SORN). II. Public Comments DHS received one non-substantive comment on the NPRM and one non-substantive comment on the SORN. After consideration of the public comments, the Department will implement the rulemaking as proposed. List of Subjects in 6 CFR Part 5 Freedom of information, Privacy. For the reasons stated in the preamble, DHS amends chapter I of title 6, Code of Federal Regulations, as follows: PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: Authority: 6 U.S.C. 101 *et seq.;* Pub. L. 107-296, 116 Stat. 2135; 5 U.S.C. 301; *6 U.S.C. 142;* DHS Del. No. 13001, Rev. 01 (June 2, 2020). Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a and 552 note. 2. In appendix C to part 5, add reserved paragraph 88 and paragraph 89 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 88. [Reserved] 89. The DHS/U.S. Customs and Border Protection (CBP)-020 Export Information System

(EIS)System of Records consists of electronic and paper records and will be used by DHS and its components. CBP uses EIS to collect and process information to comply with export laws and facilitate legitimate international trade. CBP is charged with enforcing all U.S. export laws at the border and the exporting community is required to report export data to CBP that contains personally identifiable information (PII). The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the following provisions of the Privacy Act: 552a(c)(3); (e)(8); and (g)(1). Additionally, the Secretary of Homeland Security pursuant to 5 U.S.C. 552a(k)(2) has exempted records created during the background check and vetting process from the following provision of the Privacy Act, 5 U.S.C. 552a(c)(3). Further, no exemption shall be asserted with respect to information maintained in the system as it relates to data submitted by or on behalf of a person who travels from the United States and crosses the border, nor shall an exemption be asserted with respect to the resulting determination (approval or denial). After conferring with the appropriate component or agency, DHS may waive applicable exemptions in appropriate circumstances and where it would not appear to interfere with or adversely affect the law enforcement purposes of the systems from which the information is recompiled or in which it is contained. Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, when information in this system of records may impede a law enforcement, intelligence-related, or national security investigation:

(a)From subsection (c)(3) (Accounting for Disclosures) because making available to a record subject the accounting of disclosures from records concerning him or her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a violation of U.S. law, including investigations of a known or suspected terrorist, by notifying the record subject that he or she is under investigation. This information could also permit the record subject to take measures to impede the investigation ( *e.g.,* destroy evidence), intimidate potential witnesses, or flee the area to avoid or impede the investigation.

(b)From subsection (e)(8) (Notice on Individuals) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on DHS and other agencies and could alert the subjects of counterterrorism or law enforcement investigations to the fact of those investigations when not previously known.

(c)From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Lynn P. Dupree, Chief Privacy Officer, U.S. Department of Homeland Security. [FR Doc. 2023-00580 Filed 1-17-23; 8:45 am]

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