Unknown. Interpretive rule

2,954 words·~13 min read·/register/2023/08/29/2023-18581·

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--- schema: federal-register doc_type: fedreg source_file: FR-2023-08-29.xml --- 88 166 Tuesday, August 29, 2023 Contents AIRFORCE Air Force Department NOTICES Intent to Grant an Exclusive Patent License, 59512 2023-18559 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Establishment of the Winters Highlands Viticultural Area, 59446-59449 2023-18588 PROPOSED RULES Proposed Establishment of the Upper Cumberland Viticultural Area, 59482-59489 2023-18590 Civil Rights Civil Rights Commission NOTICES Meetings:

West Virginia Advisory Committee, 59502 2023-18620 Coast Guard Coast Guard RULES Safety Zone: Lahaina Boat Basin, Maui, HI--Emergency Operations and Port Recovery, 59453-59455 2023-18697 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59526-59530 2023-18597 2023-18598 2023-18599 2023-18629 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral, 59510-59512 2023-18592 Meetings; Sunshine Act, 59512 2023-18685 Defense Department Defense Department See Air Force Department See Engineers Corps NOTICES Meetings: Defense Advisory Committee for the Prevention of Sexual Misconduct, 59512-59513 2023-18583 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Performance Report for Gaining Early Awareness and Readiness for Undergraduate Programs Program, 59515-59516 2023-18627 Charter Online Management and Performance System CMO Grant Profile, 59513-59514 2023-18618 Charter Online Management and Performance System Developer Annual Performance Report, 59516-59517 2023-18619 School Ambassador Fellowship Application, 59518-59519 2023-18537 Special Education—Individual Reporting on Regulatory Compliance Related to the Personnel Development Program's Service Obligation, 59517 2023-18572 Statewide Longitudinal Data System Survey 2023-2025, 59514-59515 2023-18538 Teacher Education Assistance for College and Higher Education Grant Program Obligation to Repay Grant Regulations, 59517-59518 2023-18596 Written Application for the Independent Living Services for Older Individuals Who Are Blind Program, 59519 2023-18571 Employment and Training Employment and Training Administration NOTICES Labor Surplus Area Classification, 59544-59545 2023-18536 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Licenses;

Exemptions, Applications, Amendments etc.: Exclusive License for a U.S. Army Owned Invention to necoTECH, LLC, 59513 2023-18578 Environmental Protection Environmental Protection Agency RULES Alternate Polychlorinated Biphenyls Extraction Methods and Polychlorinated Biphenyls Cleanup and Disposal, 59662-59696 2023-17708 NOTICES Guidance, Methods, and Response to Comments: Pesticides; Antimicrobial Product Efficacy Claims on Soft Surface Textiles in Non-Residential Settings, 59522-59523 2023-18549 Request to Voluntarily Cancel Certain Pesticide Registrations:

Chlorpyrifos, 59521-59522 2023-18544 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 59442-59445 2023-18527 Cameron Balloons Ltd. Fuel Cylinders, 59440-59442 2023-18700 PROPOSED RULES Airworthiness Directives: Dassault Aviation Airplanes, 59471-59480 2023-18519 2023-18567 2023-18568 Regulatory Definitions of On-Demand Operation, Supplemental Operation, and Scheduled Operation, 59480-59481 2023-18615 Federal Communications Federal Communications Commission RULES Digital Low Power Television and Television Translator Stations, 59455-59469 2023-17414 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59524-59525 2023-18649 Privacy Act; Matching Program, 59523-59524 2023-18540 Federal Emergency Federal Emergency Management Agency RULES Hermit's Peak/Calf Canyon Fire Assistance, 59730-59783 2023-18457 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preparedness Grants: Tribal Homeland Security Grant Program, 59530-59531 2023-18586 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 59519-59521 2023-18593 2023-18594 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Steel Solar, LLC, 59520 2023-18595 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Safety Fitness Determinations, 59489-59494 2023-18494 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Foothill Yellow-Legged Frog, 59698-59727 2023-17675 NOTICES Permits; Applications, Issuances, etc.: Foreign Endangered Species, 59537-59538 2023-18574 Food and Drug Food and Drug Administration PROPOSED RULES Proposed Requirements for Tobacco Product Manufacturing Practice, 59481-59482 2023-18625 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 59572-59573 2023-18600 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gratuitous Services Agreement, Volunteer Release and Hold Harmless, and OBP Interest Sign-up Sheet, 59531-59532 2023-18556 Sector Outreach and Programs Online Meeting Registration Tool, 59532-59533 2023-18554 Meetings: President's National Infrastructure Advisory Council, 59533-59534 2023-18553 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certified Housing Counselor Registration, 59534-59535 2023-18577 Comment Request Fair Housing Initiatives Program Grant Application and Monitoring Reports, 59535-59536 2023-18576 Home Equity Conversion Mortgage Counseling Standardization, Application for Certificate of Home Equity Conversion Mortgage Counseling and Home Equity Conversion Mortgage Counselor Roster, 59536-59537 2023-18570 Industry Industry and Security Bureau RULES Expansion of Nuclear Nonproliferation Controls on the People's Republic of China and Macau;

Correction, 59446 C1-2023-18047 NOTICES Meetings: Regulations and Procedures Technical Advisory Committee, 59502-59503 2023-18628 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Meetings: President's Committee on the Arts and the Humanities, 59545 2023-18534 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service RULES Additional Guidance on Low-Income Communities Bonus Credit Program, 59446 C1-2023-17078 PROPOSED RULES Corporate Bond Yield Curve for Determining Present Value:

Hearing Cancellation, 59482 2023-18622 Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset Transactions, 59576-59659 2023-17565 Malta Personal Retirement Scheme Listed Transaction, 59482 2023-18626 NOTICES Meetings: Art Advisory Panel, 59573 2023-18611 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Uncoated Paper from Brazil, 59505-59506 2023-18573 Determination of Sales at Less Than Fair Value:

Gas Powered Pressure Washers from the Socialist Republic of Vietnam, 59503-59505 2023-18575 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Polyester Staple Fiber from China, 59538 2023-18589 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Federal Firearms License and Part B--Responsible Person Questionnaire, 59539 2023-18563 Application for National Firearms Examiner Academy, 59541-59542 2023-18565 Bureau of Alcohol, Tobacco, Firearms and Explosives Adjunct Instructor Data Form, 59542 2023-18562 Federal Firearms Licensee Firearms Inventory/Firearms in Transit Theft/Loss Report, 59539-59540 2023-18566 Inventories:

Licensed Explosives Importers, Manufacturers, Dealers and Permittees, 59543-59544 2023-18564 Long-Term Suitability Request, 59540-59541 2023-18561 Semiannual Suitability Request, 59542-59543 2023-18560 Labor Department Labor Department See Employment and Training Administration Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: Barbie Doll (Motor), 59553-59554 2023-18602 Blondie (Motor), 59554-59555 2023-18603 Dos Abogados IV (Motor), 59559-59560 2023-18604 Khaleesi (Motor), 59555-59556 2023-18605 Coastwise Endorsement Eligibility Determination for a Foreign-built Vessel:

Seaquester (Motor), 59556-59557 2023-18606 Uncles Toy (Motor), 59560 2023-18607 Yallah (Motor), 59558-59559 2023-18608 Meetings: Decommissioning and Disposition of the National Historic Landmark Nuclear Ship Savannah, 59557-59558 2023-18584 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institute of Standards and Technology NOTICES Meetings: National Artificial Intelligence Advisory Committee, 59508 2023-18542 National Artificial Intelligence Advisory Committee Law Enforcement Subcommittee, 59508-59509 2023-18541 National Cybersecurity Center of Excellence Accelerate Adoption of Digital Identities on Mobile Devices, 59506-59508 2023-18591 National Institute National Institutes of Health NOTICES Meetings:

National Institute of Mental Health, 59525-59526 2023-18614 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfers from New Jersey to North Carolina and Rhode Island, 59469-59470 2023-18616 PROPOSED RULES Endangered and Threatened Species: Proposed Reclassification of Pillar Coral (Dendrogyra cylindrus) from Threatened to Endangered, 59494-59501 2023-17769 NOTICES Meetings:

Pacific Fishery Management Council; Correction, 59509 2023-18557 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 59545-59546 2023-18539 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES American Society of Mechanical Engineers 2021-2022 Code Editions, 59471 C1-2023-16686 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Trademark Trial and Appeal Board Actions, 59510 2023-18545 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Materials, 59561-59566 2023-18617 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 59546-59547 2023-18548 Securities Securities and Exchange Commission NOTICES Order Granting Application: NYSE National, Inc., Retail Liquidity Program;

Limited Exemption, 59551-59552 2023-18550 Registration of Certain Municipal Advisors: Intention to Cancel, 59550 2023-18552 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Europe, Ltd., 59547-59550 2023-18551 Selective Selective Service System RULES Release of Official Information in Litigation and Presentation of Witness Testimony by Selective Service System Personnel (Touhy Regulation), 59449-59453 2023-18601 Small Business Small Business Administration NOTICES Disaster Declaration:

Illinois, 59552-59553 2023-18579 2023-18580 Social Social Security Administration NOTICES Performance Review Board Members, 59553 2023-18613 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Privacy Act; Systems of Records, 59566-59572 2023-18289 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59573 2023-18630 Customs U.S. Customs and Border Protection RULES Interpretation of the Term Kiosk for Global Entry, 59439-59440 2023-18581 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Home Programs for Veterans, 59573-59574 2023-18533 Meetings: Veterans Rural Health Advisory Committee, 59574 2023-18647 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 59576-59659 2023-17565 Part III Environmental Protection Agency, 59662-59696 2023-17708 Part IV Interior Department, Fish and Wildlife Service, 59698-59727 2023-17675 Part V Homeland Security Department, Federal Emergency Management Agency, 59730-59783 2023-18457 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. 88 166 Tuesday, August 29, 2023 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 235 [CBP Dec. No. 23-09] Interpretation of the Term Kiosk for Global Entry AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: Interpretive rule. SUMMARY: This interpretive rule provides guidance to the public on U.S. Customs and Border Protection's interpretation of the term “kiosk” as used in the Global Entry regulations. DATES: This rule is effective on August 29, 2023. FOR FURTHER INFORMATION CONTACT: Rafael E. Henry, Branch Chief, Office of Field Operations,

(202)344-3251, *Rafael.E.Henry@cbp.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Background U.S. Customs and Border Protection

(CBP)operates the Global Entry program, a voluntary international trusted traveler program, at designated airports to provide certain pre-approved travelers dedicated processing into the United States. Members of Global Entry are vetted travelers who have voluntarily applied for membership, have paid a required application fee, and have provided certain personal data to CBP. Travelers with active membership in Global Entry are considered to be a low risk, because CBP conducts vetting both when the participant applies to the Global Entry program and on an ongoing basis after the participant becomes a Global Entry member. Upon arrival at a designated airport, Global Entry members can use a self-service process to report their arrival and facilitate their inspection. The Global Entry arrival procedures are set forth in section 235.12(g) of title 8 of the Code of Federal Regulations (8 CFR 235.12(g)). That regulation requires that an arriving passenger utilize a Global Entry kiosk, follow the on-screen instructions, and declare all articles brought into the United States. The term “kiosk” is not defined in the regulations; however, the kiosks used by CBP until now have been machines that are permanently installed in airports and that print paper receipts for verification of the traveler's arrival (“legacy kiosks”). Participants must physically go to the legacy kiosk in order to be processed using the Global Entry program. To facilitate their inspection, Global Entry members utilize the legacy kiosks to have their photographs and fingerprints taken, submit identifying information, and answer several automated questions about items that they are bringing into the United States. When using the legacy kiosks, participants are required to declare all articles that they are bringing into the United States, pursuant to 19 CFR 148.11. CBP is in the process of transitioning from the legacy kiosks to Global Entry portals and the Global Entry Mobile application. CBP expects all the legacy kiosks to be retired at the end of calendar year 2023. The portals are already being used in some locations and are essentially mobile processing units, similar to a tablet, with screens and cameras. The portals are enabled with Wi-Fi to allow CBP the flexibility to position the portals anywhere inside an airport Federal Inspection Station

(FIS)to optimize traveler processing. Global Entry participants physically approach the portals for processing in a manner similar to the legacy kiosks. However, instead of issuing a paper receipt to travelers, the portals will transmit an electronic file to the CBP officers at egress for review and verification of the traveler's arrival. In addition to the portals, advancing technology will now allow CBP to perform the same processing for Global Entry members through use of the Global Entry Mobile application. The Global Entry Mobile application will be deployed at 5 airport locations across the United States (Los Angeles, Miami, Houston, Fort Lauderdale, and Washington Dulles) starting in the summer of 2023. The portal or the mobile application will take the traveler's facial image and match it with the existing image from the application process. With these new processes, travelers will now make a verbal declaration to a CBP officer instead of responding to on screen questions that were previously asked during processing at the legacy kiosk. All of the technologies that will now be included in CBP's interpretation of “kiosk” assign a class of admission and provide a paper or electronic record that is given to a CBP officer stationed within the Federal Inspection Service area for verification that the traveler was processed for admission into the United States. For this reason, the Department of Homeland Security

(DHS)is issuing this interpretive rule to clarify its interpretation of the undefined term “kiosk” to include the currently available technology as well as future advances in processing technology for Global Entry participants to be processed by CBP for entry into the United States. DHS is issuing this interpretive rule as an interim measure prior to publication of a final rule that will remove the term “kiosk” from the Global Entry regulations entirely. On September 9, 2020, DHS published a notice of proposed rulemaking (85 FR 55597) in the **Federal Register** entitled “Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes” (the NPRM). In the NPRM, DHS proposed to remove references to “kiosk” from the regulations. As noted above, “kiosk” is not a defined term in the regulations, and DHS proposed to remove that term in order to make the regulations more inclusive of developing technologies. The final rule promulgating the proposed change is expected to publish in 2024. II. Interpretation of “Kiosk” For the purposes of 8 CFR 235.12, CBP interprets the term “kiosk” to include the following: 1 1 All of the technologies included in the CBP's interpretation of “kiosk” assign a class of admission and provide a paper or electronic record that is given to a CBP officer stationed within the Federal Inspection Service area for verification that the traveler was processed for admission into the United States. 1. Legacy kiosks (machines that are permanently installed in airports and that print a paper receipt); 2. Receipt-less Facial Kiosks

(RFK)(modified legacy kiosks that send an electronic record to a CBP officer); 3. Global Entry Portals (Wi-Fi enabled mobile processing units with a screen and camera); and 4. the Global Entry Mobile application or any successor technology for processing Global Entry members at ports of entry. III. Effective Date Because this rule is solely interpretive, it is not subject to the 30-day delayed effective date for substantive rules under section 553(d) of the Administrative Procedure Act. 2 Therefore, this rule is effective on August 29, 2023, the same date that it is published in the **Federal Register** . 2 5 U.S.C. 553(d). Regulatory Analysis Executive Orders 12866, 13563, and 14094 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this regulation. This rule merely explains to the public how CBP interprets a certain term used in an existing regulation, 8 CFR 235.12. This rule imposes no new requirements on the public and simply clarifies its interpretation of a kiosk to include other forms of technology, broadening the public's processing options. As such, there are no costs to this interpretive rule. To the extent that this rule results in processing time savings for the public, there may be some unquantified benefits to this interpretive change. As an interpretive rule, this rule is exempt from the notice-and-comment rulemaking requirements of the Administrative Procedure Act. 3 Because no notice of proposed rulemaking is required, analysis under the Regulatory Flexibility Act is not required. 4 3 5 U.S.C. 553(b). 4 5 U.S.C. 603(a), 604(a). An agency may not conduct or sponsor, and an individual is not required to respond to a collection of information unless it displays a valid OMB control number. This collection of information has been approved by the Office of Management and Budget

(OMB)in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) and assigned OMB control number 1651-0121. Alejandro N. Mayorkas, Secretary of Homeland Security. [FR Doc. 2023-18581 Filed 8-28-23; 8:45 am]

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