Unknown. Final rule

3,195 words·~15 min read·/register/2023/03/31/2023-06714·

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-2023-03-31.xml --- 88 62 Friday, March 31, 2023 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES United States Standards for Soybeans, 19229-19233 2023-06679 NOTICES Charter Amendments, Establishments, Renewals and Terminations: Advisory Committee on Universal Cotton Standards, 19238 2023-06684 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Rural Business-Cooperative Service AIRFORCE Air Force Department NOTICES Meetings:

Air University Board of Visitors, 19272 2023-06668 Federal Advisory Committee, 19271-19272 2023-06664 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Brucellosis and Bovine Tuberculosis: Importation of Cattle and Bison, 19238-19239 2023-06720 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Truth in Lending: Determination of Effect on State Laws (California, New York, Utah, and Virginia), 19214-19220 2023-06719 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19270-19271 2023-06751 Census Bureau Census Bureau NOTICES Estimates of the Voting Age Population for 2022, 19245-19246 2023-06717 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19306-19310 2023-06736 2023-06738 2023-06734 Coast Guard Coast Guard RULES Safety Zone: Annual Events in the Captain of the Port Buffalo Zone, 19222-19223 2023-06636 Potomac River, Between Charles County, MD, and King George County, VA, 19223-19225 2023-06659 Special Local Regulations:

California Half Ironman Triathlon, San Diego, CA, 19222 2023-06862 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 19270 2023-06713 2023-06716 Defense Department Defense Department See Air Force Department NOTICES Arms Sales, 19272-19278 2023-06623 2023-06742 Meetings:

Uniform Formulary Beneficiary Advisory Panel, 19278-19279 2023-06699 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: ANI Pharmaceuticals, Inc., 19327 2023-06700 Lyndra Therapeutics, 19327-19328 2023-06648 PerkinElmer, Inc., 19327 2023-06696 Purisys, LLC, 19325-19327 2023-06687 Sterling Pharma USA, LLC, 19325 2023-06698 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Grant Reallotment, 19286 2023-06625 Higher Education Act Title II Report Cards on State Teacher Credentialing and Preparation, 19285-19286 2023-06667 Applications for New Awards: Nita M. Lowey 21st Century Community Learning Centers National Technical Assistance Center, 19279-19285 2023-06681 Peer Review Opportunities: Office of Career, Technical, and Adult Education; Office of Elementary and Secondary Education; Office of English Language Acquisition;

Office of Postsecondary Education; and Office of Special Education and Rehabilitative Services, 19289-19291 2023-06675 Request for Information: Innovative Assessment Demonstration Authority, 19286-19289 2023-06697 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Miscellaneous Refrigeration Products, 19382-19447 2023-05363 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals;

Correction, 19297 2023-06725 Energy Conservation Program: Petition for Waiver of Alliance Laundry Systems from the Clothes Washer Test Procedure; Grant of Interim Waiver, 19291-19296 2023-06750 Meetings: Electricity Advisory Committee, 19296 2023-06722 Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project, 19296-19297 2023-06728 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Determination to Defer Sanctions; California; El Dorado County Air Quality Management District, 19225-19227 2023-06562 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: El Dorado County Air Quality Management District; Stationary Source Permits, 19233-19236 2023-06563 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regional Haze Regulations, 19301-19302 2023-06732 Environmental Impact Statements; Availability, etc.:, 19302 2023-06683 Integrated Science Assessment for Lead (External Review Draft), 19302-19304 2023-05740 Meetings:

Children's Health Protection Advisory Committee, 19301 2023-06733 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Key West, FL, 19220-19222 2023-06618 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19304-19305 2023-06656 Financial Institutions for Which the Federal Deposit Insurance Corporation has been Appointed Either Receiver, Liquidator, or Manager;

Update, 19305-19306 2023-06660 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preparedness Activity Registration and Feedback, 19316-19317 2023-06710 Federal Energy Federal Energy Regulatory Commission NOTICES Authorization for Continued Project Operation: Brainerd Public Utilities, 19300 2023-06747 Erie Boulevard Hydropower, LP, 19297-19298 2023-06748 Sandy Hollow Power Co., Inc., 19300 2023-06746 Combined Filings, 19298-19299 2023-06690 2023-06694 Granting Motion to Hold Proceeding in Abeyance:

Nevada Power Co., 19300-19301 2023-06695 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Hobnail Solar, LLC, 19299 2023-06691 Federal Highway Federal Highway Administration NOTICES Final Agency Actions: Proposed I-526 Lowcountry Corridor West Project, Charleston County, SC, 19350-19351 2023-06704 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 19306 2023-06752 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Tijuana Estuary Tidal Restoration Program II Phase I, 19320-19322 2023-06431 Permits; Applications, Issuances, etc.: Foreign Endangered Species, 19322-19323 2023-06692 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prescription Drug Advertising, 19313-19314 2023-06707 Guidance: Infectious Otitis Externa Drugs for Topical Use in Dogs, 19312-19313 2023-06380 Research Involving Children as Subjects and Not Otherwise Approvable by an Institutional Review Board:

Process for Referrals to Food and Drug Administration and Office for Human Research Protections, Guidance for Institutional Review Boards, Investigators, and Sponsors, 19310-19312 2023-06649 Food and Nutrition Food and Nutrition Service PROPOSED RULES Child Nutrition Programs: Revisions to Meal Patterns Consistent with the 2020 Dietary Guidelines for Americans, 19229 2023-06666 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 19351-19378 2023-06652 2023-06653 2023-06654 2023-06655 2023-06743 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganization and Expansion under Alternative Site Framework:

Foreign-Trade Zone 39, Dallas/Fort Worth, TX, 19246 2023-06705 General Services General Services Administration NOTICES Equity Study on Remote Identity Proofing; Correction, 19306 2023-06711 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 See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Commission on Childhood Vaccines, 19314 2023-06673 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency RULES Privacy Act; Implementation: Customs Broker Management System of Records, 19213-19214 2023-06714 NOTICES Privacy Act; System of Records, 19317-19320 2023-06745 Housing Housing and Urban Development Department RULES Reinstatement of Discriminatory Effects Standard, 19450-19500 2023-05836 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Entity List and Unverified List Requests, 19247 2023-06702 Voluntary Self-Disclosure of Violations of the Export Administration Act, 19246-19247 2023-06708 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grant Application Forms, 19331-19332 2023-06718 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: White Grape Juice Concentrate from Argentina, 19324-19325 2023-06669 Meetings; Sunshine Act, 19325 2023-06864 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decree: Clean Air Act, 19328 2023-06651 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development, 19324 2023-06715 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NASA Visitor Management System for Intermittent Access to NASA Hosted/Sponsored Events and Activities, 19330 2023-06680 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19330-19331 2023-06737 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Petition for Temporary Exemption:

Ford Motor Company; Various Requirements of the Federal Motor Vehicle Safety Standards for an Automated Driving System-Equipped Vehicle; Withdrawal, 19351 2023-06670 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 19316 2023-06677 National Institute on Aging, 19316 2023-06638 National Toxicology Program Board of Scientific Counselors, 19315 2023-06678 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pollock in the West Yakutat District of the Gulf of Alaska, 19227-19228 2023-06685 Taking and Importing Marine Mammals: Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, ME, 19502-19542 2023-06300 PROPOSED RULES Magnuson-Stevens Fishery Conservation and Management Act: Seafood Import Monitoring Program, 19236-19237 2023-06739 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluations of Coastal Zone Management Act Programs:

State Coastal Management Programs and National Estuarine Research Reserves, 19268-19269 2023-06709 Application: Marine Mammals; File No. 27246, 19267-19268 2023-06662 Meetings: Mid-Atlantic Fishery Management Council, 19268 2023-06724 2023-06726 Taking or Importing of Marine Mammals: Chevron Long Wharf Maintenance and Efficiency Program in San Francisco Bay, CA, 19247-19267 2023-06744 Nuclear Regulatory Nuclear Regulatory Commission RULES Regulatory Guide: Maintenance, Testing, and Replacement of Vented Lead-Acid Storage Batteries for Production and Utilization Facilities, 19214 C1-2023-06285 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: United States/International Atomic Energy Agency Design Information Questionnaire Forms, 19332-19333 2023-06661 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Asbestos in Shipyards Standard, 19329-19330 2023-06693 Patent Patent and Trademark Office NOTICES Interim Patent Term Extension: Symplicity Spyral System, Symplicity Spyral Catheter, and Symplicity G3 Generator, 19269 2023-06665 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 19333-19334 2023-06658 2023-06741 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Defense Production Act of 1950;

Presidential Determination Pursuant to Sec. 303 on Printed Circuit Boards and Advanced Packaging Production Capability (Presidential Determination No. 2023-06 of March 27, 2023), 19543-19546 2023-06921 Rural Business Rural Business-Cooperative Service NOTICES Solicitation of Applications: Rural Energy for America Program for Fiscal Years 2023 and 2024, 19239-19245 2023-06376 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes:

New York Stock Exchange, LLC, 19334-19338 2023-06657 Small Business Small Business Administration NOTICES Disaster Declaration: Mississippi, 19339 2023-06689 South Dakota; Public Assistance Only, 19339 2023-06688 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19340-19343 2023-06682 Guaranteed Income Financial Treatment Trial, 19339-19340 2023-06706 State Department State Department NOTICES 2022 Global Magnitsky Human Rights Accountability Act Annual Report, 19344-19348 2023-06749 Charter Amendments, Establishments, Renewals, and Terminations:

U.S. Advisory Commission on Public Diplomacy, 19343-19344 2023-06740 Surface Transportation Surface Transportation Board NOTICES Exemption: Acquisition and Operation; East Ohio Valley Railway, LLC, Ohio River Partners Shareholder, LLC, 19349 2023-06735 Continuance in Control; Fortress Investment Group, LLC et al.; East Ohio Valley Railway, LLC, 19348-19349 2023-06727 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Statement, 19378-19379 2023-06672 Meetings: Advisory Committee on Homeless Veterans, 19379 2023-06721 Separate Parts In This Issue Part II Energy Department, 19382-19447 2023-05363 Part III Housing and Urban Development Department, 19450-19500 2023-05836 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 19502-19542 2023-06300 Part V Presidential Documents, 19543-19546 2023-06921 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 62 Friday, March 31, 2023 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2022-0042] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S.

Customs and Border Protection (CBP)-027 Customs Broker Management

(CBM)System of Records AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Final rule. SUMMARY: The U.S. Department of Homeland Security

(DHS)is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, “DHS/U.S. Customs and Border Protection (CBP)-027 Customs Broker Management

(CBM)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 March 31, 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: Mason Clutter

(202)343-1717, Chief Privacy Officer, Privacy Office, 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** , 87 FR 43749, July 22, 2022, 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-027 Customs Broker Management

(CBM)System of Records” in the **Federal Register** at 87 FR 43880, July 22, 2022, to determine

(1)an individual's suitability for acquiring a Customs Broker license, whether that individual is representing him or herself or affiliated with an association, corporation, or partnership; and

(2)whether a licensed Customs Broker continues to meet the eligibility requirements to maintain that Customs Broker license. DHS/CBP invited comments on both the notice of proposed rulemaking

(NPRM)and System of Records Notice (SORN). II. Public Comments DHS received no comments on the NPRM and no comments on the SORN. 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 paragraph “88” to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 88. The DHS/CBP-027 Customs Broker Management System of Records consists of electronic and paper records and will be used by DHS and its components. DHS/CBP-027 Customs Broker Management System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national security and intelligence activities. DHS/CBP-027 Customs Broker Management System of Records maintains information about individuals, associations, corporations, or partnerships to administer the Customs Broker License Exam, determine suitability for providing an individual a Customs Broker license, and determine whether a licensed Customs Broker continues to meet the eligibility requirements to maintain a Customs Broker license. The Secretary of Homeland Security has exempted this system pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g). Additionally, the Secretary has exempted this system pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons:

(a)From subsection (c)(3) and

(4)(Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process.

(b)From subsection

(d)(Access and Amendment to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities when weighing and evaluating all available information. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security.

(c)From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of federal law, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

(d)From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities.

(e)From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.

(f)From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and

(f)(Agency Rules), because portions of this system are exempt from the individual access provisions of subsection

(d)for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants.

(g)From subsection (e)(5) (Collection of Information) because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete.

(h)From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS's ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence.

(i)From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Mason C. Clutter, Acting Chief Privacy Officer, U.S. Department of Homeland Security. [FR Doc. 2023-06714 Filed 3-30-23; 8:45 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code

3 references not yet in our index