Unknown. Final rule

3,122 words·~14 min read·/register/2023/01/24/2023-01287·

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-2023-01-24.xml --- 88 15 Tuesday, January 24, 2023 Contents Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: 1EdTech Consortium, Inc., 4208 2023-01338 AARST Consortium on National Standards, 4209 2023-01328 Advanced Fluids for Electrified Vehicles, 4209 2023-01352 Advanced Media Workflow Association, Inc., 4212 2023-01357 American Society of American Society of Mechanical Engineers, 4212 2023-01337 Consortium for Rare Earth Technologies, 4210 2023-01342 Cooperative Research Group on In-Situ Measurement of H2S to Validate Thermodynamic Calculations (“Seed Project”), 4210-4211 2023-01351 DVD Copy Control Association, 4211-4212 2023-01356 Dynamic Spectrum Alliance, Inc., 4213 2023-01312 MLCommons Assn., 4213 2023-01367 Open RF Association, Inc., 4209 2023-01340 Open Source Imaging Consortium, Inc., 4211 2023-01344 The Digital Dollar Project, Inc., 4208-4209 2023-01334 The Open Group, LLC, 4209-4210 2023-01341 UHD Alliance, Inc., 4211 2023-01339 Utility Broadband Alliance, Inc., 4211 2023-01355 Z-Wave Alliance, Inc., 4212-4213 2023-01353 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4184-4185 2023-01215 Civil Rights Civil Rights Commission NOTICES Meetings: Guam Advisory Committee, 4151 2023-01226 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 4167-4168 2023-01449 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Test Procedures for Central Air Conditioners and Heat Pumps, 4091-4107 2023-00942 NOTICES Funding Opportunity: Consent-Based Siting Program; Extension of Application Deadline, 4168 2023-01283 Environmental Protection Environmental Protection Agency RULES Heavy-Duty Engine and Vehicle Standards: Control of Air Pollution from New Motor Vehicles, 4296-4718 2022-27957 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Electronic Submittal of Air Quality Information, 4118-4120 2023-00928 Hazardous Waste Management System:

Identification and Listing of Hazardous Waste, 4120-4128 2023-00835 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Significant New Alternatives Policy Program, 4177-4178 2023-01258 Proposed Consent Decree: Clean Air Act Citizen Suit, 4178-4179 2023-01303 Farm Credit Farm Credit Administration PROPOSED RULES Federal Agricultural Mortgage Corporation Funding and Fiscal Affairs; Risk-Based Capital Requirements, 4107-4111 2023-01042 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Vicinity of Kalamazoo, MI, 4081-4083 2023-01235 Airworthiness Directives: Gulfstream Aerospace Corporation Airplanes, 4080-4081 2023-01164 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 4114-4117 2023-01166 Pratt and Whitney Canada Corporation Turboprop Engines, 4111-4114 2023-01148 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Employment with the Federal Aviation Administration, 4280 2023-01224 Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations, 4281 2023-01313 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4179-4182 2023-01358 2023-01359 2023-01360 2023-01364 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 4183 2023-01420 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4173-4176 2023-01318 2023-01321 Application: Alabama Power Co., 4168-4169 2023-01252 Combined Filings, 4170-4171, 4176-4177 2023-01298 2023-01302 Effectiveness of Withdrawal of License Application:

Green Mountain Power Corp., 4177 2023-01253 Environmental Assessments; Availability, etc.: Eagle Creek Racine Hydro, LLC, 4175 2023-01320 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Saint Energy Storage II, LLC, 4172-4173 2023-01301 Storey Energy Center, LLC, 4171-4172 2023-01300 Records Governing Off-the-Record Communications, 4172 2023-01299 Request for Information: Performance Metrics for Independent System Operators, Regional Transmission Organizations, and Utilities in Regions outside ISOs and RTOs, 4169-4170 2023-01319 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Epilepsy and Seizure Disorders, 4286-4290 2023-01262 2023-01263 Hearing, 4281-4286 2023-01255 2023-01261 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 4183 2023-01368 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 4183 2023-01369 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment;

Delay of Effective Date, 4087-4089 2023-01290 PROPOSED RULES Endangered and Threatened Species: Designation of Critical Habitat for the Sickle Darter, 4128-4150 2023-00977 Food and Drug Food and Drug Administration RULES Clarification of Orphan-Drug Exclusivity Following Catalyst Pharms., Inc. v. Becerra, 4086-4087 2023-01179 Listing of Color Additives Exempt from Certification: Calcium Carbonate; Confirmation of Effective Date, 4085-4086 2023-01185 PROPOSED RULES Color Additive Certification:

Increase in Fees for Certification Services; Reopening of the Comment Period, 4117-4118 2023-01361 NOTICES Charter Amendments, Establishments, Renewals and Terminations: Advisory Committee; Technical Electronic Product Radiation Safety Standards Committee, 4190 2023-01219 Determination of Regulatory Review Period for Purposes of Patent Extension: BYFAVO, 4185-4186 2023-01220 Guidance: Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research, 4186-4188 2023-01286 Meetings:

Peripheral and Central Nervous System Drugs Advisory Committee, 4188-4189 2023-01216 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 4293-4294 2023-01343 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Albion Laboratories, Inc.; Foreign-Trade Zone 30 (Mineral Amino Acid Chelates); Salt Lake City, UT, 4152 2023-01330 Subzone Expansion; Application: Nissan North America, Inc.; Foreign-Trade Zone 78, Subzone 78A; Nashville, TN, 4151 2023-01329 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Nonindigenous Aquatic Species Sighting Reporting Form and Alert Registration Form, 4202-4203 2023-01362 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: National Vaccine Advisory Committee, 4192-4193 2023-01218 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Parts A and B Unobligated Balances and Rebate Addendum Tables, 4190-4192 2023-01288 Homeland Homeland Security Department See Transportation Security Administration Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Energy and Mineral Development Program Grants, 4203-4204 2023-01239 Indian Gaming: Approval of Tribal-State Class III Gaming Compact in the State of Oklahoma, 4204 2023-01279 Industry Industry and Security Bureau NOTICES Order Denying Export Privileges:

Eli Isael Rodriguez-Jasso, 4153-4154 2023-01257 Jermaine Craig Rhoomes, 4152-4153 2023-01256 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic of Germany, 4154-4155 2023-01331 Application for Duty-Free Entry of Scientific Instruments:

The Association of Universities for Research in Astronomy, 4155 2023-01336 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Tin Mill Products from Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey, and United Kingdom, 4206-4208 2023-01325 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Integrated Circuits, Components Thereof, and Products Containing the Same, 4205-4206 2023-01326 Judicial Conference Judicial Conference of the United States NOTICES Meetings:

Advisory Committee on Criminal Rules, 4208 2023-01347 Advisory Committee on Evidence Rules, 4208 2023-01348 Justice Department Justice Department See Antitrust Division Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 4079-4080 2023-01287 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 4213-4214 2023-01217 National Archives National Archives and Records Administration NOTICES Records Schedules, 4214-4215 2023-01323 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 4215 2023-01414 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 4193-4195, 4197-4199 2023-01228 2023-01229 2023-01308 National Cancer Institute, 4197, 4199-4200 2023-01315 2023-01317 National Institute of Allergy and Infectious Diseases, 4195-4196 2023-01291 National Institute of Dental and Craniofacial Research, 4199 2023-01307 National Institute of Diabetes and Digestive and Kidney Diseases, 4197 2023-01232 National Institute of Environmental Health Sciences, 4196 2023-01314 National Institute of General Medical Sciences, 4196 2023-01237 National Institute of Neurological Disorders and Stroke, 4196-4197 2023-01289 National Institute on Aging, 4199 2023-01230 National Institute on Alcohol Abuse and Alcoholism, 4193, 4199 2023-01305 2023-01306 National Library of Medicine, 4196 2023-01238 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pacific Cod by Catcher Vessels Using Trawl Gear in the Central Regulatory Area of the Gulf of Alaska, 4089-4090 2023-01222 Pacific Cod by Catcher Vessels using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska, 4089 2023-01297 NOTICES 2022 Marine Mammal Stock Assessment Reports, 4162-4167 2023-01242 Atlantic Highly Migratory Species: Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, 4157-4158 2023-01225 Meetings: CIE Review of the Atlantis Ecosystem Model in Support of Ecosystem-Based Fishery Management in the Gulf of Mexico Large Marine Ecosystem, 4161-4162 2023-01223 Fisheries of the South Atlantic;

Southeast Data, Assessment, and Review, 4155-4156 2023-01309 Gulf of Mexico Fishery Management Council, 4162 2023-01310 Permits; Applications, Issuances, etc.: Marine Mammals; File No. 22156, 4156-4157 2023-01292 Taking or Importing of Marine Mammals: Pile Driving for the Long Beach Cruise Terminal Improvement Project, 4158-4161 2023-01245 National Park National Park Service NOTICES Inventory Completion: South Carolina Institute of Archaeology and Anthropology, University of South Carolina, Columbia, SC, 4204-4205 2023-01233 Repatriation of Cultural Items:

Bryn Mawr College, Bryn Mawr, PA, 4205 2023-01244 National Science National Science Foundation NOTICES Meetings: Committee on Equal Opportunities in Science and Engineering, 4215 2023-01280 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material, 4222-4223 2023-01221 Facility Operating and Combined Licenses:

Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 4216-4222 2023-01201 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety; Special Permit: Tennessee Gas Pipeline Co., LLC, 4290-4291 2023-01349 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4223-4227 2023-01311 2023-01316 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 4083-4085 2023-01200 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4230-4231, 4251-4252, 4262-4263, 4276 2023-01248 2023-01249 2023-01250 2023-01251 2023-01254 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trust Indenture Act Rules, 4276 2023-01246 Application: Forum Real Estate Income Fund, et al., 4249 2023-01247 Meetings; Sunshine Act, 4227 2023-01430 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 4243-4245, 4265-4271 2023-01260 2023-01264 Financial Industry Regulatory Authority, Inc., 4260 2023-01275 LCH, SA, 4227-4230, 4271-4275 2023-01270 2023-01276 New York Stock Exchange, LLC, 4239-4243, 4252-4254 2023-01265 2023-01277 NYSE American, LLC, 4236-4239, 4263-4265 2023-01259 2023-01266 NYSE Arca, Inc., 4254-4262 2023-01267 2023-01271 2023-01274 NYSE Chicago, Inc., 4231-4236 2023-01268 2023-01273 NYSE National, Inc., 4246-4251 2023-01269 2023-01272 Small Business Small Business Administration NOTICES Disaster Declaration:

Alabama, 4278 2023-01281 California, 4277-4278 2023-01234 2023-01243 Georgia, 4277 2023-01241 Meetings: National Small Business Development Center Advisory Board, 4277 2023-01231 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Clearance Update, 4278-4279 2023-01363 Medical History and Examination, 4279-4280 2023-01365 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4200-4201 2023-01056 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Solicitation of Submissions: Annual Combating Human Trafficking in Transportation Impact Award, 4291-4293 2023-01324 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Secure Flight Program, 4201-4202 2023-01335 Treasury Treasury Department See Foreign Assets Control Office Global Media United States Agency for Global Media NOTICES FY 2022 Service Contract Analysis and FY 2021 Service Contract Inventory, 4183-4184 2023-01322 Separate Parts In This Issue Part II Environmental Protection Agency, 4296-4718 2022-27957 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 15 Tuesday, January 24, 2023 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Civil Monetary Penalty Inflation Adjustment AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: This final rule adjusts the level of civil monetary penalties

(CMPs)in regulations maintained and enforced by the Merit Systems Protection Board

(MSPB)with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget

(OMB)guidance. DATES: This final rule is effective on January 24, 2023. FOR FURTHER INFORMATION CONTACT: Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; phone:

(202)653-7200; fax:

(202)653-7130; or email: *mspb@mspb.gov.* SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Act), Public Law 101-410, provided for the regular evaluation of CMPs by Federal agencies. Periodic inflationary adjustments of CMPs ensure that the consequences of statutory violations adequately reflect the gravity of such offenses and that CMPs are properly accounted for and collected by the Federal Government. In April 1996, the 1990 Act was amended by the Debt Collection Improvement Act of 1996 (the 1996 Act), Public Law 104-134, requiring Federal agencies to adjust their CMPs at least once every four years. However, because inflationary adjustments to CMPs were statutorily capped at ten percent of the maximum penalty amount, but only required to be calculated every four years, CMPs in many cases did not correspond with the true measure of inflation over the preceding four-year period, leading to a decline in the real value of the penalty. To remedy this decline, the 2015 Act (section 701 of Pub. L. 114-74) requires agencies to adjust CMP amounts with annual inflationary adjustments through a rulemaking using a methodology mandated by the legislation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. A civil monetary penalty is “any penalty, fine, or other sanction” that:

(1)“is for a specific amount” or “has a maximum amount” under Federal law; and

(2)a Federal agency assesses or enforces “pursuant to an administrative proceeding or a civil action in the Federal courts.” 28 U.S.C. 2461 note. The MSPB is authorized to assess CMPs pursuant to 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 in disciplinary actions brought by the Special Counsel. The corresponding MSPB regulation for both CMPs is 5 CFR 1201.126(a). As required by the 2015 Act, and pursuant to guidance issued by OMB, MSPB is now making an annual adjustment for 2023, according to the prescribed formulas. II. Calculation of Adjustment The CMP listed in 5 U.S.C. 1215(a)(3) was established in 1978 with the enactment of the Civil Service Reform Act of 1978 (CSRA), Public Law 95-454, section 202(a), 92 Stat. 1121-30 (Oct. 13, 1978), and originally codified at 5 U.S.C. 1207(b). That CMP was last amended by section 106 of the Whistleblower Protection Enhancement Act of 2012, Public Law 112-199, 12 Stat. 1468 (Nov. 27, 2012), now codified at 5 U.S.C. 1215(a)(3), which provided for a CMP “not to exceed $1,000.” The CMP authorized in 5 U.S.C. 7326 was established in 2012 by section 4 of the Hatch Act Modernization Act of 2012 (Hatch Act), Public Law 112-230, 126 Stat. 1617 (Dec. 28, 2012), which provided for a CMP “not to exceed $1,000.” On January 21, 2022, MSPB issued a final rule which increased the maximum CMP allowed under both 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 to $1,195 for the year 2022. *See* 87 FR 3175 (January 21, 2022). This increase reflected the annual increase for the year 2022 mandated by the 2015 Act. On December 15, 2022, OMB issued guidance on calculating the annual inflationary adjustment for 2023. *See* Memorandum from Shalanda D. Young, Director, OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-23-05 (Dec. 15, 2022). Therein, OMB notified agencies that the annual adjustment multiplier for 2023, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.07745 and that the 2023 annual adjustment amount is obtained by multiplying the 2022 penalty amount by the 2023 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,195 × 1.07745 = $1,288.00. III. Effective Date of Penalties The revised CMP amounts will go into effect on January 24, 2023. All violations for which CMPs are assessed after the effective date of this rule will be assessed at the adjusted penalty level regardless of whether the violation occurred before the effective date. IV. Procedural Requirements A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), MSPB has determined that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because Congress has specifically exempted agencies from these requirements when implementing the 2015 Act. The 2015 Act explicitly requires the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553, the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment. It is also in the public interest that the adjusted rates for CMPs under the CSRA and the Hatch Act become effective as soon as possible to maintain their effective deterrent effect. B. Regulatory Impact Analysis: Executive Order 12866 The MSPB has determined that this is not a significant regulatory action under E.O. 12866. Therefore, no regulatory impact analysis is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. *See* 5 U.S.C. 603(a) and 604(a). As discussed above, the 2015 Act does not require agencies to first publish a proposed rule when adjusting CMPs within their jurisdiction. Thus, the RFA does not apply to this final rule. D. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). E. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801, *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Civil rights, Government employees. For the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. § 1201.126 [Amended] 2. Section 1201.126 is amended in paragraph

(a)by removing “$1,195” and adding in its place “$1,288.” Jennifer Everling, Acting Clerk of the Board. [FR Doc. 2023-01287 Filed 1-23-23; 8:45 am]

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