Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2023-03-17.xml --- 88 52 Friday, March 17, 2023 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service RULES User Fees for Agricultural Quarantine and Inspection Services, 16371-16372 2023-05280 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: 1EdTech Consortium, Inc., 16458-16459 2023-05517 America's DataHub Consortium, 16461 2023-05502 Homeland Security Technology Consortium, 16459-16460 2023-05516 National Spectrum Consortium, 16458 2023-05512 Open Grid Alliance, Inc., 16461 2023-05506 OpenJS Foundation, 16460 2023-05508 PXI Systems Alliance, Inc., 16460 2023-05504 Resilient Infrastructure Plus Secure Energy Consortium, 16460-16461 2023-05515 TM Forum, 16459 2023-05507 UHD Alliance, Inc., 16461 2023-05519 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16448-16449 2023-05514 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Guidance: Inflation Reduction Act Initial Program, 16449 2023-05411 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adoption and Foster Care Analysis and Reporting System, 16449-16450 2023-05427 National Child Abuse and Neglect Database System, 16450-16451 2023-05453 Coast Guard Coast Guard RULES Safety Zone:

Fireworks Displays within the Fifth Coast Guard District, 16378 2023-05479 PROPOSED RULES Special Local Regulations: Horsepower on the Hudson, Hudson River, Castleton-on-Hudson, NY, 16386-16389 2023-05332 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Meetings, 16415 2023-05495 Procurement List; Additions and Deletions, 16414-16415 2023-05499 2023-05500 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16415-16416 2023-05473 Meetings; Sunshine Act, 16415 2023-05616 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: External Reviewer Application Instructions, 16416-16417 2023-05487 Defense Department Defense Department See Engineers Corps Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Demonstration Grants for Indian Children and Youth Program Grant Application Package, 16425-16426 2023-05413 Applications for New Awards: Fund for the Improvement of Postsecondary Education-Open Textbooks Pilot Program, 16419-16425 2023-05456 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Importation or Exportation of Liquified Natural Gas or Electric Energy; Applications, Authorizations, etc.: Freepoint Commodities, LLC, 16427-16428 2023-05466 Shell Energy North America (US), LP, 16426-16427 2023-05469 Reimbursement for Costs of Remedial Action at Uranium and Thorium Processing Sites, 16428 2023-05505 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Proposed East Tailings Expansion Project near Magna, Salt Lake County, UT, 16418-16419 2023-05501 Tampa Harbor Navigation Improvement Study, Hillsborough County, FL, 16417-16418 2023-05480 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Paraffin Waxes and Hydrocarbon Waxes, Carboxypolymethylene Resin, and Paraffin Waxes and Hydrocarbon, Oxidized, Lithium Salts in Pesticide Formulations, 16379-16383 2023-05314 PROPOSED RULES Regulation of Certain Conditions of Use under of the Toxic Substances Control Act:

Asbestos Part 1: Chrysotile Asbestos, 16389-16391 2023-05325 NOTICES Environmental Impact Statements; Availability, etc., 16442 2023-05481 Protocol for the Naphthalene Integrated Risk Information System Assessment, 16442-16443 2023-05460 Requests for Authorization: California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth and Commercial Harbor Craft, 16439-16442 2023-05439 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Direct Loan Servicing-Regular and Servicing Minor Program Loans, 16394-16395 2023-05464 Federal Aviation Federal Aviation Administration NOTICES Airport Property: Durango-La Plata County Airport, Durango, CO, 16516 2023-05414 Meetings: Research, Engineering, and Development Advisory Committee, 16516 2023-05454 Petition for Exemption; Summary: Faith Lutheran Oder Family Flight Academy, 16515-16516 2023-05434 Federal Communications Federal Communications Commission PROPOSED RULES Petition for Reconsideration;

Correction, 16392-16393 2023-05403 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16443-16445 2023-05496 2023-05497 Federal Deposit Federal Deposit Insurance Corporation NOTICES Updated Listing of Financial Institutions in Liquidation, 16445-16446 2023-05458 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 16446 2023-05644 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 16429-16431 2023-05425 Environmental Impact Statements;

Availability, etc.: Northern Natural Gas Co.; Northern Lights 2023 Expansion Project, 16432 2023-05416 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Aron Energy Prepay 21, LLC, 16433 2023-05421 Aron Energy Prepay 22, LLC, 16431-16432 2023-05417 Aron Energy Prepay 23, LLC, 16431 2023-05423 Eastern Power and Gas, LLC, 16433 2023-05419 Upland Erosion Control, Revegetation and Maintenance Plan

(Plan)and Wetland and Waterbody Construction and Mitigation Procedures; Update, 16429 2023-05420 Federal Highway Federal Highway Administration NOTICES Review of General Applicability Waiver of Buy America Requirements for Manufactured Products, 16517-16520 2023-05498 Federal Railroad Federal Railroad Administration NOTICES Final Federal Agency Actions: Proposed Rail Transportation Projects, 16520-16521 2023-05431 Food and Drug Food and Drug Administration NOTICES Training Program for Regulatory Project Managers; Information Available to Industry, 16451-16452 2023-05509 Forest Forest Service NOTICES Meetings: North Wisconsin Resource Advisory Committee, 16395-16396 2023-05450 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Living Quarters Eligibility Questionnaire, 16447 2023-05488 Meetings: Tribal Consultation, 16446-16447 2023-05432 Health and Human Health and Human Services Department 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 National Institutes of Health PROPOSED RULES Administrative Simplification: Adoption of Standards for Health Care Attachments Transactions and Electronic Signatures, and Modification to Referral Certification and Authorization Transaction Standard; Correction, 16392 2023-05489 NOTICES Meetings: Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria; Correction, 16455 2023-05503 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Collection Tool for State Offices of Rural Health Grant Program, 16453-16454 2023-05485 Health Center Patient Survey, 16452-16453 2023-05482 Nurse Corps Scholarship Program, 16454-16455 2023-05478 Homeland Homeland Security Department See Coast Guard RULES Asylum Interview Interpreter Requirement Modification Due to COVID-19, 16372-16378 2023-05572 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Housing Counseling Training Program, 16457-16458 2023-05491 Indian Affairs Indian Affairs Bureau PROPOSED RULES Mining of the Osage Mineral Estate for Oil and Gas, 16386 2023-05452 Interior Interior Department See Indian Affairs Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16521-16523 2023-05468 2023-05484 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Duty-Free Entry of Scientific Instrument or Apparatus, 16412 2023-05518 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Softwood Lumber Products from Canada, 16458 2023-05436 Justice Department Justice Department See Antitrust Division Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Exposure to Noise Standard, 16461-16462 2023-05422 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 16455-16456 2023-05475 2023-05477 Muscular Dystrophy Coordinating Committee, 16456 2023-05476 National Institute of Neurological Disorders and Stroke, 16456-16457 2023-05474 National Oceanic National Oceanic and Atmospheric Administration NOTICES Taking or Importing of Marine Mammals: Army Corps of Engineers Debris Dock Replacement Project, Sausalito, CA, 16412-16414 2023-05483 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Geosciences, 16462 2023-05440 Meetings; Sunshine Act, 16462-16463 2023-05651 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Application: NuScale Power, LLC, 16463 2023-05457 Presidential Documents Presidential Documents EXECUTIVE ORDERS Law Enforcement and Crime: Gun Violence; Efforts To Reduce (EO 14092), 16525-16529 2023-05714 Rural Business Rural Business-Cooperative Service NOTICES Funding Opportunity: Socially Disadvantaged Groups Grant for Fiscal Year 2023, 16404-16411 2023-05441 Value-Added Producer Grants for Fiscal Year 2023, 16396-16404 2023-05470 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16463-16465, 16486 2023-05429 2023-05430 2023-05437 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 16465-16467 2023-05446 Long-Term Stock Exchange, Inc., 16487-16491 2023-05442 MEMX, LLC, 16484-16485, 16491-16504 2023-05448 2023-05449 MIAX PEARL, LLC, 16504-16509 2023-05443 Nasdaq GEMX, LLC, 16485-16486 2023-05445 NYSE American, LLC, 16467-16484 2023-05444 Social Social Security Administration NOTICES Privacy Act; System of Records, 16509-16512 2023-05455 State Department State Department PROPOSED RULES Immigrant Visas, 16384-16386 2023-05410 NOTICES Meetings: Advisory Commission on Public Diplomacy, 16512 2023-05412 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Arbitration Opt-In Notices, 16515 2023-05492 Rail Depreciation Studies, 16512-16513 2023-05493 Recordations (Rail and Water Carrier Liens), Water Carrier Tariffs, and Agricultural Contract Summaries, 16513-16514 2023-05490 System Diagram Maps, 16514 2023-05513 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Purchaser or Owner Assuming Seller's Loan, 16523 2023-05467 Western Western Area Power Administration NOTICES Final 2025 Provo River Project Marketing Plan and Call for 2025 Resource Pool Applications, 16433-16439 2023-05486 Separate Parts In This Issue Part II Presidential Documents, 16525-16529 2023-05714 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 52 Friday, March 17, 2023 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 354 [Docket No. APHIS-2013-0021] User Fees for Agricultural Quarantine and Inspection Services AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending our regulations governing the user fees charged for certain Agricultural Quarantine and Inspection

(AQI)services. We are reducing the fees charged to remove surcharges that were intended to fund a reserve. This action is necessary in order to ensure the regulations reflect an operational reduction of AQI fees that was announced through a November 1, 2022, Stakeholder Registry announcement, issued to comply with a September 15, 2022, judgment of the United States District Court for the District of Columbia, and which took effect on December 1, 2022. DATES: Effective March 17, 2023. FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory Policy Specialist, APHIS, 4700 River Road, Unit 131, Riverdale, MD 20737 1231;

(301)851-2338; email: *AQI.User.Fees@usda.gov.* SUPPLEMENTARY INFORMATION: Background The Food, Agriculture, Conservation, and Trade

(FACT)Act of 1990 (21 U.S.C. 136a) authorizes the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture to collect user fees to fully fund its agricultural quarantine and inspection

(AQI)services program. These user fees must be sufficient to cover the costs of: • Providing AQI services in connection with the arrival, at a port in the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car (21 U.S.C. 136a(a)(1)(A)); • Providing preclearance or preinspection at a site outside the customs territory of the United States of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car (21 U.S.C. 136a(a)(1)(A)); • Administering the AQI Program (21 U.S.C. 136a(a)(1)(B)); and • Through fiscal year 2002, maintaining a reasonable balance in the AQI User Fee Account also established by the Act (21 U.S.C. 136a(a)(1)(C)). In the April 25, 2014, **Federal Register** (79 FR 22895-22908, Docket No. APHIS-2013-0021), we issued a proposal to update the methodology by which APHIS would calculate AQI user fees for the user fee classes subject to 21 U.S.C. 136a. Relying on this updated methodology, we also proposed new AQI user fee rates. Such a change was necessary to address historic underfunding of the AQI program. Following a comment period and review of public comments, on October 29, 2015, we issued a final rule in the **Federal Register** to revise the AQI user fees (80 FR 66748-66779; Docket No. APHIS-2013-0021). 1 Under the 2015 final rule, four of the user fees (for commercial trucks and truck transponders, international air passengers, and international cruise ship passengers) included a 3.5 percent reserve surcharge above unit cost as part of the fee structure. All other fees set in the 2015 final rule were set at or slightly below unit cost and, therefore, did not include a reserve surcharge, and accordingly did not collect for maintenance of the reserve. 1 To view the proposed rule, its supporting documents, the comments that we received, or the final rule, go to *https://www.regulations.gov/docket/APHIS-2013-0021.* On May 13, 2016, the Air Transport Association of America and the International Air Transport Association filed suit against APHIS, claiming the final rule updating the fees for its AQI program violated the FACT Act and the Administrative Procedure Act. On June 21, 2022, the United States Court of Appeals for the District of Columbia Circuit issued an opinion that rejected the bulk of the challenges to APHIS's fee-setting. *See Air Transport Ass'n of Am.* v. *United States Dep't of Agric.,* 37 F.4th 667 (D.C. Cir. 2022). However, the Court held that APHIS' authority to set and collect fees at a level to fund a reserve expired in 2002. The Court remanded this issue to the United States District Court for the District of Columbia for proceedings consistent with the appellate court's opinion. On September 15, 2022, the District Court issued a final judgment vacating the final rule only insofar as it authorizes collecting fees to maintain a reserve account. Consistent with this September 15, 2022, final judgment, on November 1, 2022, APHIS issued a Stakeholder Registry 2 announcement stating that we were removing the 3.5 percent reserve surcharge from each fee class to which it had been applied and, effective December 1, 2022, no longer collecting the reserve component for AQI user fees. 2 To view the Stakeholder Registry announcement, go to: *https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2022/aqi-user-fees-response.* This rule codifies that change in operational policy by revising the regulations to reflect the new fee rates. Effective Date The Court held that APHIS' authority to collect fees sufficient to maintain a reserve expired after fiscal year 2002 and, therefore, the 2015 final rule violated the FACT Act to the extent it set user fees at a level sufficient to maintain a reasonable balance in the AQI user fee account ( *See Air Transport Ass'n of Am.,* 37 F.4th at 673). However, the Court upheld the remaining aspects of the 2015 final rule with respect to all other challenges. As a result of the September 15, 2022, final judgment, the Agency is legally obligated to remove the reserve surcharge from any fees that were set at a level to include such a surcharge. Accordingly, on November 1, 2022, APHIS issued a Stakeholder Registry announcement operationally removing the surcharge from any fees that had been set to include it, thereby lowering those fees, effective December 1, 2022. In that same announcement, APHIS set forth its basis for lowering the fees operationally and without opportunity for public comment. In the announcement, APHIS indicated that we would “publish a final rule in the **Federal Register** to codify this administrative action.” Insofar as this rule codifies current Agency operational policy and ensures alignment between the fees operationally assessed and the fee levels set forth in the regulations, this rule pertains to Agency procedure, and is thus exempt from the need for public comment pursuant to paragraph (b)(3) of 5 U.S.C. 553. Moreover, the good cause that APHIS found for making the Stakeholder Registry announcement effective without prior public comment remains and applies equally to this rule; no public comment could alter the Court's mandate to vacate the portion of the final rule that collects fees to maintain a reserve. Finally, this rule is exempt from Executive Orders 12866 and 12988, and is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 501). Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 354 Animal diseases, Exports, Government employees, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Travel and transportation expenses. Accordingly, we are amending 7 CFR part 354 as follows: PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES 1. The authority citation for part 354 continues to read as follows: Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3. 2. Section 354.3 is amended by revising the table in paragraph (c)(1) and by revising paragraph (f)(1) to read as follows: § 354.3 User fees for certain international services.

(c)* * *

(1)* * * Table 2 to Paragraph ( c )(1) Effective date Amount Beginning March 17, 2023 $7.29

(f)*Fee for inspection of international passengers.*

(1)Except as specified in paragraph (f)(2) of this section, each passenger aboard a commercial aircraft or cruise ship who is subject to inspection under part 330 of this chapter or 9 CFR, chapter I, subchapter D, upon arrival from a place outside of the customs territory of the United States, must pay an AQI user fee. The AQI user fee will apply to tickets purchased beginning March 17, 2023. The fees are shown in the following table: Table 5 to Paragraph ( f )(1) Effective dates 1 Passenger type Amount Beginning March 17, 2023 Commercial aircraft $3.83 Beginning March 17, 2023 Cruise ship 1.68 1 Persons who issue international airline and cruise line tickets or travel documents are responsible for collecting the AQI international airline passenger user fee and the international cruise ship passenger user fee from ticket purchasers. Issuers must collect the fee applicable at the time tickets are sold. In the event that ticket sellers do not collect the AQI user fee when tickets are sold, the air carrier or cruise line must collect the user fee that is applicable at the time of departure from the passenger upon departure. Done in Washington, DC, this 9th day of March 2023. Michael Watson, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2023-05280 Filed 3-16-23; 8:45 am]

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