Unknown. Interim final rule; request for comments

2,800 words·~13 min read·/register/2023/07/10/2023-14399·

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-2023-07-10.xml --- 88 130 Monday, July 10, 2023 Contents Agriculture Agriculture Department See Foreign Agricultural Service See Rural Housing Service Army Army Department NOTICES Meetings: Board of Visitors, United States Military Academy, 43554-43555 2023-14497 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Calendar Year 2024 Home Health Prospective Payment System Rate Update;

Home Health Quality Reporting Program Requirements; etc., 43654-43817 2023-14044 Civil Rights Civil Rights Commission NOTICES Meetings: Puerto Rico Advisory Committee, 43544-43545 2023-14452 Texas Advisory Committee, 43545 2023-14451 U.S. Virgin Islands Advisory Committee; Correction, 43546 2023-14449 Washington Advisory Committee, 43545-43546 2023-14450 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department Education Department Education Department RULES Improving Income Driven Repayment for the William D.

Ford Federal Direct Loan Program and the Federal Family Education Loan Program, 43820-43905 2023-13112 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Family Education Loan, Perkins and TEACH Grant Total and Permanent Disability Discharge Application and Related Forms, 43556-43557 2023-14504 Gaining Early Awareness and Readiness for Undergraduate Programs Final Performance Report, 43555-43556 2023-14507 Higher Education Emergency Relief Fund No Cost Extension Request Form, 43557 2023-14505 Loan Discharge Applications (Direct Loan/Federal Family Education Loan/Perkins), 43557-43558 2023-14506 National Implementation Study of Student Support and Academic Enrichment Grants (Title IV, Part A), 43558-43559 2023-14436 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 43559 2023-14646 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; San Joaquin Valley Air Pollution Control District; Stationary Source Permits, 43434-43440 2023-14132 Ohio; Consumer Products Rule, 43440-43441 2023-14168 Pesticide Tolerances: Benzpyrimoxan, 43442-43446 2023-14404 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: New Hampshire; Reasonably Available Control Technology for the 2008 and 2015 Ozone Standards, 43483-43489 2023-14535 NOTICES Meetings: 1,4-Dioxane; Draft Supplement to the Toxic Substances Control Act Risk Evaluation; Science Advisory Committee on Chemicals, 43562-43565 2023-14445 Permits; Applications, Issuances, etc.: Draft National Pollutant Discharge Elimination System General Permit for the Eastern Portion of the Outer Continental Shelf of the Gulf of Mexico;

Availability of Draft National Environmental Policy Categorial Exclusion, 43562 2023-14484 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 43565-43566 2023-14588 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Devils Lake, ND, 43429-43430 2023-14356 Hartington, NE, 43430-43431 2023-14350 Kalamazoo, MI, 43433-43434 2023-14459 Sonora, TX, 43432-43433 2023-14480 Whiteriver, AZ, 43431-43432 2023-14357 Airworthiness Directives:

Safran Helicopter Engines, S.A. (Type Certificate Previously Held by Turbomeca, S.A.) Engines, 43426-43429 2023-14585 PROPOSED RULES Airworthiness Directives: Dassault Aviation Airplanes, 43477-43479 2023-14367 The Boeing Company Airplanes, 43479-43482 2023-14330 Federal Communications Federal Communications Commission RULES Advanced Methods to Target and Eliminate Unlawful Robocalls, Call Authentication Trust Anchor, 43446-43460 2023-13035 Expanding Flexible Use of the 12.2-12.7 GHz Band, 43462-43476 2023-13503 Expanding Flexible Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use, 43460-43462 2023-13502 PROPOSED RULES Advanced Methods to Target and Eliminate Unlawful Robocalls, 43489-43502 2023-13032 Expanding Flexible Use of the 12.2-12.7 GHz Band, 43502-43514 2023-13501 Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use, 43938-43975 2023-13500 Facilitating Implementation of Next Generation 911 Services, 43514-43543 2023-14402 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 43560-43561 2023-14489 2023-14492 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Clearwater Wind East, LLC, 43559-43560 2023-14490 Vikings Energy Farm LLC, 43561-43562 2023-14491 Federal Labor Federal Labor Relations Authority RULES Miscellaneous and General Requirements, 43425-43426 2023-14399 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Hearing, 43644-43649 2023-14463 2023-14464 2023-14465 2023-14466 Qualification of Drivers; Implantable Cardioverter Defibrillator, 43643-43644 2023-14462 Fish Fish and Wildlife Service NOTICES Marine Mammals:

Letters of Authorization to Take Pacific Walruses and Polar Bears in the Beaufort Sea, Alaska, in 2022, 43621-43622 2023-14442 Permits; Applications, Issuances, etc.: Endangered and Threatened Species, Recovery Permit Applications, 43622-43626 2023-14509 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Human Cells, Tissues, and Cellular and Tissue-Based Products, 43567-43569 2023-14467 Meetings:

Medical Imaging Drugs Advisory Committee, 43566-43567 2023-14460 Foreign Agricultural Foreign Agricultural Service NOTICES Fiscal Year 2023 Tariff-Rate Quota Increase: Raw Cane Sugar, 43544 2023-14458 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 43635-43636 2023-14659 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Caterpillar Inc., Foreign-Trade Zone 155, Victoria, TX, 43546 2023-14495 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Turtle Distribution Database, 43626-43627 2023-14479 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 PROPOSED RULES Control of Communicable Diseases; Foreign Quarantine: Importation of Dogs and Cats, 43978-44029 2023-14343 NOTICES Extension of Temporary Suspension of Dogs Entering the United States from Countries with a High Risk of Rabies, 43570-43581 2023-14342 Health Resources Health Resources and Services Administration NOTICES Requests for Nominations:

Advisory Committee on Organ Transplantation, 43569-43570 2023-14502 Homeland Homeland Security Department NOTICES Implementation of a Family Reunification Parole Process for Colombians, 43591-43601 2023-14472 Implementation of a Family Reunification Parole Process for Guatemalans, 43581-43591 2023-14473 Implementation of a Family Reunification Parole Process for Hondurans, 43601-43611 2023-14474 Implementation of a Family Reunification Parole Process for Salvadorans, 43611-43621 2023-14475 Housing Housing and Urban Development Department NOTICES Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2022, 43908-43936 2023-14304 Indian Affairs Indian Affairs Bureau PROPOSED RULES Mining of the Osage Mineral Estate for Oil and Gas, 43482-43483 2023-14440 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, 43546-43548 2023-14503 Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, 43552-43553 2023-14501 Certain Passenger Vehicles and Light Truck Tires from the People's Republic of China, 43548-43549 2023-14496 Citric Acid and Certain Citrate Salts from the People's Republic of China, 43551-43552 2023-14621 Steel Wire Garment Hangers from the Socialist Republic of Vietnam, 43550-43551 2023-14494 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Greenhouse Gas Emissions Intensities of the U.S. Steel and Aluminum Industries at the Product Level; Meeting, 43633-43635 2023-14500 Meetings; Sunshine Act, 43633 2023-14622 Justice Department Justice Department See Foreign Claims Settlement Commission Land Land Management Bureau NOTICES Plats of Survey: Minnesota, 43628-43629 2023-14487 Realty Action: Classification for Lease and/or Conveyance of Public Lands in Humboldt County, NV, 43627-43628 2023-14446 Maritime Maritime Administration NOTICES Meetings:

Decommissioning and Disposition of the National Historic Landmark Nuclear Ship Savannah, 43649-43650 2023-14488 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 43636 2023-14493 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Pacific Fishery Management Council, 43553-43554 2023-14482 South Atlantic Fishery Management Council;

Public Hearing, 43554 2023-14483 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 43636 2023-14583 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification Summary Form, Reporting Summary Form for Acreage Limitation, 43632-43633 2023-14439 Forms to Determine Compliance by Certain Landholders, 43629-43631 2023-14437 Individual Landholder's and Farm Operator's Certification and Reporting Forms for Acreage Limitation, 43631-43632 2023-14438 Rural Housing Service Rural Housing Service NOTICES Funding Availability:

Native Community Development Financial Institution Relending Demonstration Program Fiscal Year 2023; Correction, 43544 2023-14470 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 43639-43641 2023-14559 2023-14636 Self-Regulatory Organizations; Proposed Rule Changes: Options Clearing Corp., 43640-43641 2023-14441 The Nasdaq Stock Market LLC, 43637-43639 2023-14443 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43642-43643 2023-14447 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration Treasury Treasury Department NOTICES Meetings: Debt Management Advisory Committee, 43650-43651 2023-14477 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Status Report, 43651 2023-14448 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 43654-43817 2023-14044 Part III Education Department, 43820-43905 2023-13112 Part IV Housing and Urban Development Department, 43908-43936 2023-14304 Part V Federal Communications Commission, 43938-43975 2023-13500 Part VI Health and Human Services Department, 43978-44029 2023-14343 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. 88 130 Monday, July 10, 2023 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2429 Miscellaneous and General Requirements AGENCY: Federal Labor Relations Authority. ACTION: Interim final rule; request for comments.

SUMMARY: The Federal Labor Relations Authority

(FLRA)is implementing this interim final rule with comment period (interim final rule) to enable parties to proceedings before the FLRA's three-Member, decisional component (the Authority) to voluntarily request—in individual cases filed through the FLRA's electronic-filing (eFiling) system—that the Authority use electronic mail (email) to serve the requesting parties any decisions, orders, and notices (Authority documents) issued in those individual cases. The Authority welcomes comments on this interim final rule. DATES: This interim final rule is effective on July 11, 2023. The FLRA will accept public comments until August 10, 2023 ADDRESSES: You may send comments, which must include the caption “Miscellaneous and General Requirements,” by one of the following methods: • *Email:* *FedRegComments@flra.gov.* Include “Miscellaneous and General Requirements” in the subject line of the message. • *Mail:* Erica Balkum, Chief, Office of Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K Street NW, Washington, DC 20424-0001. *Instructions:* Do not mail written comments if they have been submitted via email. Interested persons who mail written comments must submit an original and 4 copies of each written comment, with any enclosures, on 8 1/2 x 11 inch paper. Do not deliver comments by hand. FOR FURTHER INFORMATION CONTACT: Erica Balkum, Chief, Office of Case Intake and Publication at *ebalkum@flra.gov* or at:

(771)444-5805. SUPPLEMENTARY INFORMATION: Currently, the FLRA's regulations do not recognize email transmission as an official method of service of Authority documents on parties to Authority proceedings. The Authority has received numerous party requests for email service of such documents, particularly due to an increase in telework and remote work by party practitioners. Email service would allow parties to receive Authority documents on the same day of service. Under the FLRA's regulations, when Authority documents are served by first-class mail, the responding party receives five additional days for filing any responsive filings. 5 CFR 2429.22. However, the Authority has found that there have been many instances when mail has taken longer than five days to reach the intended recipient, thereby shortening the recipient's response time. Allowing parties to opt for email service of Authority documents would avoid that problem and thereby improve customer service. In addition, preparing and mailing paper copies of Authority documents to parties imposes significant costs on the Authority in terms of staff time, supplies, and equipment maintenance. Making email service a recognized, official method of service would also reduce or eliminate these costs. For these reasons, the Authority hereby amends its regulations to allow parties using the FLRA's eFiling system to consent to email service of Authority documents in individual cases. If a party consents to email service in a particular case, then the Authority shall serve documents on that party exclusively by email to the email address that the party provides in the eFiling system. It is the party's obligation to maintain a valid email address in the system for proper service. When the Authority serves parties Authority documents by email, the date of service shall be the date the email is sent. We emphasize that these amendments apply only to documents issued by the FLRA's Office of Case Intake and Publication in cases pending before the FLRA's Members. It does not apply to documents issued in cases pending before other FLRA offices or components, such as the Office of Administrative Law Judges or the Office of the General Counsel. The Authority finds that this interim final rule is not a substantive rule, but is a rule of agency organization, procedure, or practice, for which advance notice is not required. 5 U.S.C. 553(b)(A); *Chrysler Corp.* v. *Brown,* 441 U.S. 281, 301-02 & n.30

(1979)(stating that a substantive or legislative rule is one that “affect[s] individual rights or obligations”). However, as noted above, the Authority welcomes comments on this interim final rule. Regulatory Flexibility Act Certification Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chairman of the FLRA has determined that this interim final rule will not have a significant impact on a substantial number of small entities, because this interim final rule applies only to Federal agencies, Federal employees, and labor organizations representing those employees. Executive Order 12866, Regulatory Review The FLRA is an independent regulatory agency and thus is not subject to the requirements of E.O. 12866 (58 FR 51735, Sept. 30, 1993). Executive Order 13132, Federalism The FLRA is an independent regulatory agency and thus is not subject to the requirements of E.O. 13132 (64 FR 43255, Aug. 4, 1999). Unfunded Mandates Reform Act of 1995 This interim final rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This action is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This interim final rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Paperwork Reduction Act of 1995 The amended regulations contain no additional information collection or record-keeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, *et seq.* List of Subjects in 5 CFR Part 2429 Administrative practice and procedure, Government employees, Labor management relations. For the reasons stated in the preamble, the FLRA amends 5 CFR part 2429 as follows: PART 2429—MISCELLANEOUS AND GENERAL REQUIREMENTS 1. The authority citation for part 2429 continues to read as follows: Authority: 5 U.S.C. 7134; § 2429.18 also issued under 28 U.S.C. 2112(a). 2. Amend § 2429.12 by revising paragraphs

(a)and

(c)to read as follows: § 2429.12 Service of process and papers by the Authority.

(a)*Methods of service.* Notices of hearings, decisions and orders of Regional Directors, decisions and recommended orders of Administrative Law Judges, decisions of the Authority, complaints, amended complaints, withdrawals of complaints, written rulings on motions, and all other papers required by this subchapter to be issued by the Authority, the General Counsel, Regional Directors, Hearing Officers, Administrative Law Judges, and Regional Directors when not acting as a party under part 2423 of this subchapter, shall be served personally, by first-class mail, by facsimile transmission, by certified mail, or, as described below with respect to documents issued by the Authority, by electronic mail (hereinafter, “email”). Where facsimile equipment is available, rulings on motions; information pertaining to prehearing disclosure, conferences, orders, or hearing dates, and locations; information pertaining to subpoenas; and other similar or time sensitive matters may be served by facsimile transmission. Where a party using the FLRA's eFiling system has consented to electronic service of documents issued by the Authority in a particular case, the Authority shall serve documents on that party exclusively by email to the email address provided by the party.

(c)*Proof of service.* Proof of service shall be verified by certificate of the individual serving the papers describing the manner of such service. When service is by mail, the date of service shall be the day when the matter served is deposited in the United States mail. When service is by facsimile, the date of service shall be the date the facsimile transmission is transmitted and, when necessary, verified by a dated facsimile record of transmission. When parties are served documents by the Authority by email, the date of service shall be the date the email is sent. Approved: July 3, 2023. Rebecca J. Osborne, Federal Register Liaison, Federal Labor Relations Authority. [FR Doc. 2023-14399 Filed 7-7-23; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code