Unknown. Technical correction

3,242 words·~15 min read·/register/2023/06/20/2023-12912

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--- schema: federal-register doc_type: fedreg source_file: FR-2023-06-20.xml --- 88 117 Tuesday, June 20, 2023 Contents Agriculture Agriculture Department See Farm Service Agency See Food Safety and Inspection Service See Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39819 2023-12997 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Security Requirements for Accessing Confidential Data, 39822-39823 2023-13044 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Healthcare Infection Control Practices Advisory Committee; Correction, 39852-39853 2023-12990 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medicaid and Children's Health Insurance Program, 39853-39854 2023-13063 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tribal Maternal, Infant, and Early Childhood Home Visiting Program Data Reports:

Demographic and Service Utilization, Grantee Performance Measures, and Quarterly Performance Reports, 39854-39855 2023-13065 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 39821-39822 2023-13123 Coast Guard Coast Guard RULES Special Local Regulations: 39th Annual Sarasota P1 Powerboat Grand Prix, Gulf of Mexico, 39770 2023-13008 PROPOSED RULES Safety Zones: Lake Erie, Cleveland, OH, 39799-39801 2023-12364 NOTICES Application for Recertification of Cook Inlet Regional Citizens Advisory Council, 39857-39858 2023-13119 Commerce Commerce Department See Census Bureau See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Clothing Textiles, Vinyl Plastic Film, 39833-39834 2023-13051 Standard for the Flammability of Mattresses and Mattress Pads and Standard for the Flammability (Open Flame) of Mattress Sets, 39832-39833 2023-13052 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Financing, 39849 2023-13028 Preaward Survey Forms, 39849-39850 2023-13039 Prospective Subcontractor Requests for Bonds, 39850-39851 2023-13030 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances;

Application, Registration, etc.: Alcami Carolinas Corp., 39867 2023-13026 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Security Requirements for Accessing Confidential Data, 39822-39823 2023-13044 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Direct Loan Program and Federal Family Education Loan Program Teacher Loan Forgiveness Forms, 39835-39836 2023-13036 Teacher Education Assistance for College and Higher Education Grant Program Obligation to Repay Grant Regulations, 39834-39835 2023-13038 Upward Bound, Upward Bound Math Science Annual Performance Report, 39836-39837 2023-13037 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program:

Standards for Microwave Ovens, 39912-39960 2023-12958 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Glufosinate, 39776-39780 2023-12926 Sulfoxaflor, 39780-39783 2023-12720 Trifloxystrobin, 39770-39776 2023-13023 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Revisions to the Cross-State Air Pollution Rule SO <sup>2</sup> Group 1 Trading Program, 39801-39803 2023-12747 Significant New Use Rules:

Certain Chemical Substances (23-2.5e), 39804-39818 2023-13012 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: RadNet, 39845 2023-13062 Pesticide Registration Improvement Act Bilingual Labeling Requirements: Making Bilingual Pesticide Labeling Accessible to Farmworkers, 39845-39847 2023-13013 Farm Service Farm Service Agency RULES Pandemic Assistance Programs and Agricultural Disaster Assistance Programs; Correction, 39767-39768 2023-12912 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus SAS Airplanes, 39796-39799 2023-13011 Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes, 39794-39796 2023-12927 NOTICES Meetings: Commercial Space Transportation Advisory Committee, 39903-39904 2023-13009 Federal Communications Federal Communications Commission RULES Spectrum Sharing Rules for Non-Geostationary Orbit, Fixed-Satellite Service Systems, 39783-39793 2023-12803 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39847 2023-13042 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 39847-39848 2023-13194 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Alabama Power Co., 39839-39841 2023-13072 Pacific Gas Electric Co., Pacific Generation, LLC, 39838-39839 2023-13076 Power Authority of the State of New York, 39842-39843 2023-13078 Pyrites Hydro, LLC, 39841-39842 2023-13079 Southern California Edison Co., 39844 2023-13074 Combined Filings, 39837, 39843-39844 2023-13068 2023-13069 Meetings: New England Winter Gas-Electric Forum, 39837-39838 2023-13077 Petition for Waiver:

Western Power Pool, 39842 2023-13075 Surrender of Preliminary Permit: Kinet, Inc., 39843 2023-13073 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Epilepsy and Seizure Disorders, 39906-39907 2023-13034 Regulatory Guidance: Clarification of Reissuance Dates, 39904-39906 2023-13033 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 39848 2023-13059 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 39848 2023-13058 Food Safety Food Safety and Inspection Service NOTICES Best Practices Guidance for Controlling Listeria monocytogenes in Retail Delicatessens, 39819-39820 2023-12994 Foreign Agricultural Foreign Agricultural Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39821 2023-12993 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Lenox Corp., Foreign-Trade Zone 255, Hagerstown, MD, 39823 2023-13015 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Financing, 39849 2023-13028 Preaward Survey Forms, 39849-39850 2023-13039 Prospective Subcontractor Requests for Bonds, 39850-39851 2023-13030 Meetings:

Federal Secure Cloud Advisory Committee, 39851-39852 2023-13031 Government Accountability Government Accountability Office NOTICES Requests for Nominations: Health Information Technology Advisory Committee, 39852 2023-12970 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 National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39855-39856 2023-13047 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Public Housing Agencies Coronavirus Aid, Relief, and Economic Security Act Waivers: Evaluation of Public Housing Agencies Interviews Data Collection, 39859-39861 2023-13020 Ginnie Mae Multiclass Securities Program Documents, 39862-39863 2023-13046 Ginnie Mae President Invitation Form, 39861 2023-13048 Indian Affairs Indian Affairs Bureau RULES American Indian Probate Regulations:

Corrections, 39768-39769 2023-12928 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau RULES American Indian Probate Regulations: Corrections, 39768-39769 2023-12928 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Diameter Welded Pipe from Greece, 39823-39825 2023-13060 Sulfanilic Acid from India, 39825 2023-13061 Determination of Sales at Less Than Fair Value:

Paper File Folders from the Socialist Republic of Vietnam, 39825-39827 2023-13014 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Bankruptcy Settlement: Comprehensive Environmental Response, Compensation, and Liability Act, 39867-39868 2023-13025 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration for Public Data Service, 39868-39869 2023-12992 Land Land Management Bureau PROPOSED RULES Conservation and Landscape Health;

Extension of Comment Period, 39818 2023-13050 NOTICES Temporary Closure and Restrictions of Specific Uses on Public Lands: Burning Man Event (Permitted Event), Pershing County, NV, 39863-39867 2023-13016 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Financing, 39849 2023-13028 Preaward Survey Forms, 39849-39850 2023-13039 Prospective Subcontractor Requests for Bonds, 39850-39851 2023-13030 National Institute National Institute of Standards and Technology NOTICES National Cybersecurity Center of Excellence:

Cybersecurity for the Water and Wastewater Sector: A Practical Reference Design for Mitigating Cyber Risk in Water and Wastewater Systems, 39827-39829 2023-13043 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Specimen Resource Locator (National Cancer Institute), 39856-39857 2023-13082 Meetings: Center for Scientific Review, 39857 2023-13056 National Institute on Drug Abuse, 39856 2023-13057 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Summer Flounder Fishery; Quota Transfer from Maryland to New Jersey, 39793 2023-13070 NOTICES Pacific Island Fisheries: Marine Conservation Plan for the Pacific Insular Area for the Commonwealth of the Northern Mariana Islands; Western Pacific Sustainable Fisheries Fund, 39831-39832 2023-13007 Permit Application: Magnuson-Stevens Fishery Conservation and Management Act Provisions; Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries;

Exempted Fishing, 39829-39831 2023-13064 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 39869 2023-13200 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Report to Congress on Abnormal Occurrences: Fiscal Year 2022, 39869-39870 2023-13083 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: World Elder Abuse Awareness Day (Proc. 10596), 39765-39766 2023-13170 ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961;

Delegation of Authority Under Section 506(a)(1) (Memorandum of June 13, 2023), 39763 2023-13193 Science Technology Science and Technology Policy Office NOTICES Request for Information: Extension of Comment Deadline Automated Worker Surveillance and Management, 39870-39873 2023-12995 Securities Securities and Exchange Commission RULES Removal of References to Credit Ratings from Regulation M, 39962-39994 2023-12591 NOTICES Meetings; Sunshine Act, 39895 2023-13171 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 39892-39895 2023-13006 MIAX PEARL, LLC, 39887-39891 2023-13002 Nasdaq ISE, LLC, 39876-39885 2023-13005 New York Stock Exchange, LLC, 39875-39876, 39895-39901 2023-13000 2023-13004 NYSE American, LLC, 39891-39892, 39895 2023-13001 2023-13003 NYSE Arca, Inc., 39885-39887 2023-12999 NYSE National, Inc., 39873-39875 2023-12998 Small Business Small Business Administration NOTICES Disaster Declaration: Texas, 39901 2023-13027 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Welcome Corps Application, 39901-39903 2023-13041 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements; Availability, etc.: Cheatham County, 39903 2023-13116 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Security Transportation Security Administration NOTICES Request for Membership Applications: Surface Transportation Security Advisory Committee, 39858-39859 2023-13021 U.S.

Sentencing United States Sentencing Commission NOTICES Proposed Priorities for Amendment Cycle, 39907-39908 2023-12991 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Appointment of Veterans Service Organization as Claimant's Representative and Appointment of Individual as Claimant's Representative, 39909-39910 2023-13022 Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 39909 2023-13010 Request for Data and Information:

Minority Veterans, 39908-39909 2023-13067 Separate Parts In This Issue Part II Energy Department, 39912-39960 2023-12958 Part III Securities and Exchange Commission, 39962-39994 2023-12591 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. 88 117 Tuesday, June 20, 2023 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Parts 701 and 760 [Docket ID:

USDA-2021-0012] RIN 0503-AA75 Pandemic Assistance Programs and Agricultural Disaster Assistance Programs AGENCY: Commodity Credit Corporation (CCC), Farm Service Agency (FSA), and Office of the Secretary, Department of Agriculture (USDA). ACTION: Technical correction. SUMMARY: The Commodity Credit Corporation

(CCC)and the Farm Service Agency

(FSA)are making technical corrections to certain regulations that were published on January 11, 2023. These technical corrections will be made to: Phase 2 of the Emergency Relief Program (ERP); the Emergency Conservation Program (ECP); and the Emergency Forest Restoration Program (EFRP). DATES: Effective June 20, 2023. FOR FURTHER INFORMATION CONTACT: For ERP: Kathy Sayers; telephone:

(202)720-7649; email: kathy.sayers *@usda.gov.* For ECP and EFRP: Shanita Landon; telephone:

(202)690-1612; email: *shanita.landon@usda.gov.* Individuals who require alternative means for communication should contact the USDA Target Center at

(202)720-2600 (voice). SUPPLEMENTARY INFORMATION: ECP and EFRP FSA announced changes made to ECP in a final rule on January 11, 2023 (88 FR 1862-8892). FSA inadvertently omitted a modification in 7 CFR 701.111 (applicable to ECP) and 7 CFR 701.211 (applicable to EFRP) to clarify sources of Federal funding that would be considered a duplicative payment. This correction amends the ECP regulation in 7 CFR 701.111(a) by striking “or State” and provides additional clarity to the EFRP regulation in 7 CFR 701.211 by inserting “Federal” throughout to describe the funding sources that would be considered a duplicative payment. In addition, we are correcting a typographical error by inserting the word “or” after paragraph (a)(3) to clarify the items in 7 CFR 701.111(a). ERP Phase 2 FSA announced ERP Phase 2 in the final rule published on January 11, 2023. This document amends the ERP Phase 2 provisions in 7 CFR 760.1903 to address an unintended gap in how certain crop losses may be accounted for in a producer's payment based on allowable gross revenue. This amendment provides a method for including in allowable gross revenue a value for certain crops, as determined by the Deputy Administrator, produced by a producer that do not generate revenue for the producer directly from the sale of the crop and that the producer uses within their ordinary operation. This would include, for example, wine makers who grow their own wine grapes and process those grapes into wine and producers of forage crops who store the crop to feed to livestock on their farm. These producers would not have revenue from the sale of the portion of their crop used for these purposes to include in their allowable gross revenue. Wine grapes used to process grapes into wine and forage crops that are stored and fed to livestock have been determined by the Deputy Administrator to qualify for this method. The value of the eligible crop will be based on the producer's actual production of the crop and a price for the crop determined by the producer based on the best available data for each crop, such as published price data for the crop 1 or the average price obtained by other producers in the area, as determined by the Deputy Administrator and published through guidance on FSA's website. 2 This provision does not cover crops that were sold by a producer. 1 Published sources of price data that the Deputy Administrator may consider include, but are not limited to, Federal Crop Insurance Corporation-established prices, FSA-established National Crop Table prices, and National Agricultural Statistic Service prices. 2 See *https://www.fsa.usda.gov/programs-and-services/emergency-relief/index.* This document corrects § 760.1903(a)(4) and

(5)to specify that benefits for the listed agricultural programs and CCC loans that are treated as income and reported to the IRS are included in a producer's allowable gross revenue if those benefits or CCC loans are for eligible crops. This document also corrects the regulation in § 760.1906 regarding the payment limitation for ERP Phase 2. As explained in the prior notice of funds availability for ERP Phase 1, published on May 18, 2022 (87 FR 30164-30172), and in the final rule that included ERP Phase 2, published on January 11, 2023, ERP is administered under 2 phases using shared payment limitations. As under similar FSA programs, a single ERP payment limitation will be applied based on the program year of a payment, regardless of whether the payment is issued under ERP Phase 1 or Phase 2. FSA will not combine payments from different program years for the purpose of payment limitation. This change is consistent with how FSA has implemented ERP and does not affect any payments that have been issued; it is being corrected in this document to reflect how ERP has been administered. USDA Non-Discrimination Policy In accordance with Federal civil rights law and USDA civil rights regulations and policies, USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Individuals who require alternative means of communication for program information (for example, braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA TARGET Center at

(202)720-2600 (voice and text telephone

(TTY)or dial 711 for Telecommunications Relay Service (both voice and text telephone users can initiate this call from any telephone). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at *https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint* and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call

(866)632-9992. Submit your completed form or letter to USDA by mail to: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410 or email: *OAC@usda.gov.* USDA is an equal opportunity provider, employer, and lender. List of Subjects 7 CFR Part 701 Disaster assistance, Environmental protection, Forests and forest products, Grant programs—agriculture, Grant programs—natural resources, Reporting and recordkeeping requirements, Rural areas, Soil conservation, Water resources, Wildlife. 7 CFR Part 760 Dairy products, Indemnity payments, Reporting and recordkeeping requirements. PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART 1. The authority citation for part 701 continues to read as follows: Authority: 16 U.S.C. 2201-2206; Sec. 101, Pub. L. 109-148, 119 Stat. 2747; and Pub. L. 111-212, 124 Stat. 2302. Subpart B—Emergency Conservation Program § 701.111 Amended] 2. Amend § 701.111 as follows: a. In paragraph

(a)introductory text remove the words “or State”; b. In paragraph (a)(3) remove the “expenses.” and add “expenses; or” in its place; and c. In paragraph (a)(4) remove the words “other program” and add “other Federal program” in their place. Subpart C—Emergency Forest Restoration Program § 701.211 Amended] 3. Amend § 701.211 as follows: a. In paragraph

(a)remove the words “funding for” and add the words “federal funding for” in their place; b. In paragraph (a)(5), remove the words “other program” and add “other Federal program” in their place; and c. In paragraph (b), remove the words “duplicate funds” and add “duplicate Federal funds” in their place and remove the words “all programs” and add “all Federal programs” in their place. PART 760—INDEMNITY PAYMENT PROGRAMS 4. The authority citation for part 760 continues to read as follows: Authority: 7 U.S.C. 4501 and 1531; 16 U.S.C. 3801, note; 19 U.S.C. 2497; Title III, Pub. L. 109-234, 120 Stat. 474; Title IX, Pub. L. 110-28, 121 Stat. 211; Sec. 748, Pub. L. 111-80, 123 Stat. 2131; Title I, Pub. L. 115-123, 132 Stat. 65; Title I, Pub. L. 116-20, 133 Stat. 871; Division B, Title VII, Pub. L. 116-94, 133 Stat. 2658; and Division B, Title I, Pub. L. 117-43, 135 Stat. 344. Subpart S—Emergency Relief Program 5. Amend § 760.1903 as follows: a. In paragraph (a)(4), remove the word “under” and add “for eligible crops under” in its place; b. In paragraph (a)(5), remove the word “loans,” and add “loans for eligible crops,” in its place; and c. Add paragraph (j). The addition reads as follows. § 760.1903 Allowable gross revenue.

(j)The Deputy Administrator may determine that certain eligible crops produced by a producer that do not generate revenue for the producer directly from the sale of the crop and that the producer uses within their ordinary operation may be included in a producer's allowable gross revenue. This determination is at the Deputy Administrator's discretion. The value of the eligible crop reported in the producer's allowable gross revenue will be based on the producer's actual production of the crop and a price for the crop based on the best available data for each crop, as determined by the Deputy Administrator and published through guidance on FSA's website. § 760.1906 Amended] 6. In paragraphs (a)(2), (b)(1)(ii), and (b)(2)(ii) of § 760.1906, remove the phrase “years 2021 and 2022”, and add “year 2021” in their places. Zach Ducheneaux, Executive Vice President, Commodity Credit Corporation. [FR Doc. 2023-12912 Filed 6-16-23; 8:45 am]

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