Unknown. Interim final rule; request for comments

6,892 words·~31 min read·/register/2023/09/29/2023-21272

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-2023-09-29.xml --- 88 188 Friday, September 29, 2023 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67291-67294 2023-21473 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 67290-67291 2023-21551 Supplemental Evidence and Data Request:

Healthcare Industry Waste and Lifecycle Assessment, 67294-67295 2023-21481 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67225 2023-21452 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commercial Transportation of Equines to Slaughter, 67225-67226 2023-21303 Centers Disease Centers for Disease Control and Prevention NOTICES Recommencement in Reporting Requirements for The Federal Cigarette Labeling and Advertising Act and Comprehensive Smokeless Tobacco Health Education Act, 67296 2023-21431 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67298-67301 2023-21334 2023-21488 2023-21523 Clinical Laboratory Improvement: Exemption of Laboratories Licensed by the State of Washington; Exemption Period Extension, 67301 2023-21460 Medicare Program: Medicare Appeals; Adjustment to the Amount in Controversy Threshold Amounts for Calendar Year 2024, 67297-67298 2023-21500 Civil Rights Civil Rights Commission NOTICES Meetings: Guam Advisory Committee, 67230 2023-21462 Coast Guard Coast Guard RULES Safety Zone:

La Quinta and Corpus Christi Shipping Channel, Ingleside, TX, 67093-67095 2023-21425 Ohio River Mile Markers 79.5-80, Wellsburg, WV, 67089-67091 2023-21381 Pacific Ocean, Catalina Island, CA, 67091-67093 2023-21380 Pacific Ocean, Huntington Beach, CA, 67095-67097 2023-21302 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration 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, 67258 2023-21420 Consumer Product Consumer Product Safety Commission PROPOSED RULES Disclosure of Interests in Commission Proceedings, 67127-67135 2023-20184 NOTICES Meetings; Sunshine Act, 67258-67259 2023-21720 Corporation Corporation for National and Community Service NOTICES Meetings; Sunshine Act, 67259 2023-21752 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education, 67607-67610 2023-20816 Replacement of Fluorinated Aqueous Film Forming Foam, 67604-67607 2023-20800 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Use of Fixed-Price Contracts for Certain Major Defense Acquisition Programs, 67611-67612 2023-20801 Defense Department Defense Department See Defense Acquisition Regulations System PROPOSED RULES Federal Acquisition Regulation: Rerepresentation of Size and Socioeconomic Status, 67189-67193 2023-21354 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67260-67262 2023-21540 2023-21541 2023-21542 2023-21543 Meetings: Board of Regents, Uniformed Services University of the Health Sciences;

Notice of Federal Advisory Committee, 67259 2023-21332 Defense Advisory Committee on Diversity and Inclusion; Federal Advisory Committee Meeting; Cancellation, 67259-67260 2023-21330 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Cambridge Isotope Laboratories, Inc., 67368 2023-21402 Curia Wisconsin, Inc., 67361 2023-21403 Eli-Elsohly Laboratories, 67360 2023-21400 Maridose, LLC, 67360-67361 2023-21399 Restek Corp., 67362-67368 2023-21401 2023-21404 VHG Labs dba LGC Standards, 67361-67362 2023-21398 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2023-24 National Postsecondary Student Aid Study Full-Scale Study—Student Data Collection and Student Records, 67269 2023-21408 Application for Grants under the Centers for International Business Education, 67263-67264 2023-21424 Engage Every Student Recognition Program, 67265-67266 2023-21335 Evaluation of the Professional Learning Resources of the Regional Educational Laboratories Northwest Toolkit for Using Technology to Support Postsecondary Student Learning, 67267-67268 2023-21536 High School and Beyond 2022 First Follow-up Field Test Data Collection, 67264 2023-21461 Master Generic Plan for Customer Surveys, Focus Groups, and Challenges/Contests, 67265 2023-21535 National Implementation Study of Student Support and Academic Enrichment Grants, 67268-67269 2023-21336 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 67266-67267 2023-21467 Teacher Education Assistance for College and Higher Education Grant Eligibility Regulations, 67262-67263 2023-21310 Energy Department Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration PROPOSED RULES Energy Conservation Program for Appliance Standards:

Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment, 67458-67511 2023-19146 NOTICES Importation or Exportation of Liquified Natural Gas or Electric Energy; Applications, Authorizations, etc.: CWP Energy, Inc., 67269-67270 2023-21409 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Washington; Southwest Clean Air Agency, General Air Quality Regulations, 67097-67102 2023-21267 Federal Good Neighbor Plan for the 2015 Ozone National Ambient Air Quality Standards;

Response to Additional Judicial Stays of SIP Disapproval Action for Certain States, 67102-67108 2023-21040 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Materials Management, 67277-67278 2023-21326 Environmental Impact Statements; Availability, etc., 67277 2023-21435 Risk Evaluations for Chemical Substances, 67278-67280 2023-21544 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 67280-67281 2023-21601 Federal Aviation Federal Aviation Administration PROPOSED RULES Airspace Designations and Reporting Points:

Klawock Airport, Klawock, AK, 67124-67126 2023-21223 Winston Salem, NC, 67126-67127 2023-21180 Airworthiness Directives: Bombardier, Inc., Airplanes, 67118-67121 2023-21102 Rolls-Royce Deutschland Ltd and Co KG Engines, 67121-67124 2023-21471 Federal Communications Federal Communications Commission RULES Implementation of the Final Acts of the 2019 World Radiocommunication Conference, 67514-67568 2023-14656 References to Standards Related to the Commission's Equipment Authorization Program, 67108-67116 2023-20711 PROPOSED RULES Implementation of the Final Acts of the 2015 World Radio Communication Conference, 67160-67189 2023-19383 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67282-67288 2023-21304 2023-21474 Meetings: Federal Advisory Committee Act; Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States, 67289 2023-21394 Privacy Act; Matching Program, 67281-67282 2023-21295 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings: Advisory Committee on Economic Inclusion, 67289 2023-21434 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 67289-67290 2023-21715 Federal Energy Federal Energy Regulatory Commission NOTICES Authorization for Continued Project Operation: City of River Falls Municipal Utilities, 67271 2023-21504 Lakeport Hydroelectric One, LLC, 67272 2023-21506 Watershed Ranch, LLC, 67273-67274 2023-21505 Combined Filings, 67272-67273 2023-21503 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Chesapeake Solar Project, LLC, 67271-67272 2023-21508 Waiver Period for Water Quality Certification Application:

Central Rivers Power NH, LLC; J. Brodie Smith Hydroelectric Project, Gorham Hydroelectric Project, et al., 67271 2023-21507 Federal Financial Federal Financial Institutions Examination Council NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67290 2023-21436 Federal Highway Federal Highway Administration NOTICES Revised Form, 67424 2023-21306 Surface Transportation Project Delivery Program: Arizona Department of Transportation Draft Audit Report, 67424-67430 2023-21316 Federal Labor Federal Labor Relations Authority RULES Availability of Official Information, 67058-67063 2023-20909 PROPOSED RULES Miscellaneous and General Requirements, 67117-67118 2023-21447 Federal Railroad Federal Railroad Administration NOTICES Safety Advisory: 2023-06;

Roadway Maintenance Machines--Importance of Clear Communications and Compliance with Applicable Rules and Procedures, 67433-67434 2023-21497 King Pin Assemblies in Highway-Rail Grade Crossing Warning Systems, 67430-67433 2023-21289 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Establishment of a Nonessential Experimental Population of Grizzly Bear in the North Cascades Ecosystem, Washington State, 67193-67222 2023-21418 Food and Drug Food and Drug Administration PROPOSED RULES Guidance:

Standards for the Growing, Harvesting, Packing, and Holding of Sprouts for Human Consumption, 67157-67159 2023-21294 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data to Support Drug Product Communications as Used by the Food and Drug Administration, 67311-67313 2023-21419 Infant Formula Recalls, 67303-67304 2023-21432 Fee Rate: Using a Priority Review Voucher in Fiscal Year 2024, 67305-67307 2023-21513 Guidance: Antimicrobial Susceptibility Test System Devices--Updating Breakpoints in Device Labeling, 67308-67309 2023-21407 Electronic Submission Template for Medical Device De Novo Requests, 67309-67311 2023-21405 Graft-versus-Host Diseases:

Developing Drugs, Biological Products, and Certain Devices for Prevention or Treatment, 67301-67303 2023-21524 Technical Considerations for Medical Devices with Physiologic Closed-Loop Control Technology, 67313-67315 2023-21412 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program Retailer Applications, 67226-67228 2023-21415 Foreign Assets Foreign Assets Control Office RULES Web General Licenses:

Publication of Russian Harmful Foreign Activities Sanctions Regulations, 67089 2023-21396 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Patheon Pharmaceuticals Inc., Foreign-Trade Zone 46, Cincinnati, OH, 67230-67231 2023-21459 Toyota Motor Manufacturing Kentucky, Inc., Foreign-Trade Zone 29, Georgetown, KY, 67231 2023-21375 Forest Forest Service NOTICES Newspapers Used for Publication of Legal Notices by the Intermountain Region, Utah, Idaho, Nevada, and Wyoming, 67228-67230 2023-21487 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation:

Rerepresentation of Size and Socioeconomic Status, 67189-67193 2023-21354 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Draft Recommendation to Update the Agency-Supported Women's Preventive Services Guideline Relating to Screening for Urinary Incontinence, 67318-67319 2023-21514 National Vaccine Injury Compensation Program:

List of Petitions Received, 67316-67318 2023-21498 Supplemental Award: Emergency Medical Services for Children Innovation and Improvement Center, 67315-67316 2023-21510 Infant, Child, and Adolescent Preventive Services, 67315 2023-21485 National Center for Newborn Screening Systems Excellence Funding Supplement, 67316 2023-21512 Homeland Homeland Security Department See Coast Guard RULES Designation of Israel for the Visa Waiver Program, 67063-67065 2023-21574 NOTICES Meetings:

Data Privacy and Integrity Advisory Committee, 67334-67335 2023-21422 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessing CDBG-DR and Disaster Recovery Outcomes of Renter Households, 67336-67338 2023-21438 Manufactured Home Construction and Safety Standards Act Reporting Requirements, 67336 2023-21491 Indian Affairs Indian Affairs Bureau NOTICES Helping Expedite and Advance Responsible Tribal Homeownership Act Approval:

Prairie Band Potawatomi Nation Agricultural Leasing Ordinance Leasing Ordinance, 67343-67344 2023-21299 Prairie Band Potawatomi Nation Residential Leasing Ordinance Leasing Ordinance, 67338-67339 2023-21301 Soboba Band of Luiseno Indians, California Residential Leasing Ordinance, 67342-67343 2023-21298 Proclaiming Certain Lands as Reservation for Kalispel Indian Community of the Kalispel Reservation, 67342 2023-21297 Reservation Proclomation: Confederated Tribes of the Chehalis Reservation of Washington, 67339-67342 2023-21300 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67438-67439, 67442 2023-21517 2023-21518 2023-21529 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Approval of Prototype Simplified Employee Pension or Savings Incentive Match Plan for Employees of Small Employers, 67441-67442 2023-21525 Continuation Sheet for Item 16 (Additional Information) for Declaration for Federal Employment, 67437-67438 2023-21530 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 67439-67440 2023-21528 Lien Agreement Notice of Election and Agreement to Special Lien, 67440 2023-21521 Methods to Determine Taxable Income in connection with a Cost Sharing Arrangement—Internal Revenue Code Section 482, 67436-67437 2023-21527 Procedures for Requesting Competent Authority Assistance Under Tax Treaties, 67442-67443 2023-21532 Taxpayer Burden Surveys, 67440-67441 2023-21526 International Trade Adm International Trade Administration RULES Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 67069-67081 2023-21516 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Brass Rod from India, 67240-67242 2023-21553 Brass Rod from Israel, 67236-67238 2023-21546 Brass Rod from the Republic of Korea, 67233-67235 2023-21547 Certain Corrosion-Resistant Steel Products from the Republic of Korea, 67243-67245 2023-21379 Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea, 67235-67236 2023-21377 Certain Non-Refillable Steel Cylinders from India, 67231-67233 2023-21552 Citric Acid and Certain Citrate Salts from Thailand and Colombia, 67239-67240 2023-21383 Forged Steel Fittings from Taiwan, 67238-67239 2023-21376 Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam, 67242-67243 2023-21450 Meetings:

Advisory Committee on Supply Chain Competitiveness, 67233 2023-21411 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Formaldehyde Standard, 67368-67369 2023-21417 Efforts by Certain Foreign Countries to Eliminate the Worst Forms of Child Labor; Identify Child Labor, Forced Labor, and Forced or Indentured Child Labor in the Production of Goods in Foreign Countries; etc., 67369-67371 2023-21416 Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Draft Resource Management Plan; Redding and Arcata Field Offices and an Associated Environmental Impact Statement, California, 67344-67349 2023-21331 Meetings: Rocky Mountain Resource Advisory Council, Colorado, 67350-67351 2023-21437 Public Land Order: Extension of Public Land Order No. 6476 for Wheeler Creek Natural Area; Oregon, 67350 2023-21475 Halliday Fen Research Natural Area, Washington; Withdrawal Extension Application, 67349-67350 2023-21496 Merit Merit Systems Protection Board RULES Organization and Procedures, 67055-67058 2023-21272 Millenium Millennium Challenge Corporation NOTICES Entering into a Compact with the Republic of Mozambique, 67371-67372 2023-21314 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:

Rerepresentation of Size and Socioeconomic Status, 67189-67193 2023-21354 National Archives National Archives and Records Administration NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 67372-67373 2023-21371 National Credit National Credit Union Administration RULES Financial Innovation: Loan Participations, Eligible Obligations, and Notes of Liquidating Credit Unions, 67570-67601 2023-20950 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67373 2023-21495 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 67322-67323, 67326, 67329-67330 2023-21352 2023-21355 2023-21366 National Cancer Institute, 67321, 67327-67329, 67332 2023-21439 2023-21440 2023-21441 2023-21445 National Center for Advancing Translational Sciences, 67323-67325 2023-21308 2023-21442 2023-21443 National Center for Complementary and Integrative Health, 67326, 67328, 67332 2023-21478 2023-21479 2023-21483 National Eye Institute, 67319 2023-21490 National Heart, Lung, and Blood Institute, 67324, 67331-67332 2023-21307 2023-21315 National Institute of Allergy and Infectious Diseases, 67320-67322, 67325-67327, 67331, 67333 2023-21353 2023-21356 2023-21357 2023-21358 2023-21359 2023-21361 2023-21362 2023-21363 National Institute of Biomedical Imaging and Bioengineering, 67327-67328 2023-21486 2023-21489 National Institute of Mental Health, 67331, 67333 2023-21305 2023-21444 National Institute of Neurological Disorders and Stroke, 67326, 67334 2023-21360 2023-21364 2023-21368 National Institute of Nursing Research, 67319-67320 2023-21433 National Institute on Deafness and Other Communication Disorders, 67320-67322, 67326-67327 2023-21492 2023-21493 2023-21494 National Institute on Drug Abuse, 67325 2023-21365 2023-21369 National Institute on Minority Health and Health Disparities, 67332-67333 2023-21484 National Oceanic National Oceanic and Atmospheric Administration RULES Designation of Wisconsin Shipwreck Coast National Marine Sanctuary, 67067-67069 2023-21648 PROPOSED RULES Fisheries off West Coast States:

Coastal Pelagic Species Fisheries; Biennial Specifications; 2023-2024 and 2024-2025 Specifications for Pacific Mackerel, 67222-67224 2023-21410 NOTICES Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 67251 2023-21465 Gulf of Mexico Fishery Management Council, 67247-67248 2023-21456 Mid-Atlantic Fishery Management Council, 67248-67249 2023-21455 New England Fishery Management Council, 67249, 67252-67253 2023-21463 2023-21464 North Pacific Fishery Management Council, 67254 2023-21469 Pacific Fishery Management Council, 67245-67247, 67253-67254 2023-21457 2023-21470 South Atlantic Fishery Management Council, 67250-67251 2023-21458 Permits;

Applications, Issuances, etc.: Endangered Species; File No. 23096, 67251-67252 2023-21501 Endangered Species; File No. 27686, 67249-67250 2023-21446 Pacific Island Fisheries; Experimental Fishing, 67253 2023-21329 Scoping: Marine Mammal Take Reduction Team to Address Incidental Mortality and Serious Injury of Humpback Whale Stocks in the Pacific, 67254-67256 2023-21333 National Park National Park Service NOTICES Inventory Completion: Arizona State University, School of Human Evolution and Social Change, Tempe, AZ, 67354-67356 2023-21385 California State University, Chico, Chico, CA, 67357 2023-21392 Department of the Interior, National Park Service, Sequoia and Kings Canyon National Parks, Three Rivers, CA, 67356 2023-21384 Kansas State University, Manhattan, KS, 67351-67352 2023-21388 Kansas State University, Manhattan, KS;

Amendment, 67354 2023-21389 University of California, Riverside, Riverside, CA, 67358-67359 2023-21390 University of Nevada, Las Vegas, Las Vegas, NV, 67353-67354 2023-21391 Meetings: Advisory Committee on Reconciliation in Place Names, 67352-67353 2023-21555 Repatriation of Cultural Items: California State University, Chico, Chico, CA, 67357-67358 2023-21393 Nuclear Regulatory Nuclear Regulatory Commission RULES Consideration of Current Operating Issues and Licensing Actions in License Renewal, 67066-67067 2023-21426 Guidance:

Regulatory Guide: Weather-Related Administrative Controls at Independent Spent Fuel Storage Installations, 67065-67066 2023-21387 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operator Licensing Examination Data, 67375-67376 2023-21386 Licenses; Exemptions, Applications, Amendments etc.: Energy Harbor Corp.; Energy Harbor Generation, LLC; Energy Harbor Nuclear Corp.; Perry Nuclear Power Plant, Unit 1, 67373-67375 2023-21448 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Coastal Virginia Offshore Wind Commercial Project, Offshore Virginia, 67359 2023-21337 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Global Intellectual Property Academy Surveys, 67257-67258 2023-21538 Response to Office Action and Voluntary Amendment Forms, 67256-67257 2023-21539 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 67376-67377 2023-21370 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 67377-67378 2023-21468 Postal Service Postal Service PROPOSED RULES Ballot Mail Ancillary Service Endorsements, 67159-67160 2023-21318 NOTICES Environmental Impact Statements;

Availability, etc.: Next Generation Delivery Vehicles Acquisitions, 67378 2023-21201 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Gold Star Mother's and Family's Day (Proc. 10632), 67613-67616 2023-21797 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67385, 67393-67394, 67404-67405, 67407 2023-21427 2023-21428 2023-21429 2023-21430 Joint Industry Plan: Order Instituting Proceedings to Determine Whether to Approve or Disapprove a Proposed Amendment to Modify the Options Price Reporting Authority's Fee Schedule Regarding Caps on the Amounts of Certain Port Fees, 67398-67400 2023-21349 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 67397-67398 2023-21341 Cboe Exchange, Inc., 67388-67393, 67400-67404, 67408-67411 2023-21342 2023-21346 2023-21347 Fixed Income Clearing Corp., 67394-67397 2023-21338 ICE Clear Credit, LLC, 67405-67407 2023-21340 Miami International Securities Exchange, LLC, 67385-67388 2023-21351 MIAX Emerald, LLC, 67411-67414 2023-21348 MIAX PEARL, LLC, 67378-67381 2023-21350 Nasdaq MRX, LLC, 67381-67385 2023-21343 National Securities Clearing Corp., 67407 2023-21345 NYSE National, Inc., 67414-67418 2023-21339 The Options Clearing Corp., 67407-67408 2023-21344 Small Business Small Business Administration NOTICES Information on Secondary Market Program, 67418-67419 2023-21549 Social Social Security Administration RULES Extension of the Flexibility in Evaluating Close Proximity of Time to Evaluate Changes in Healthcare Following the COVID-19 Public Health Emergency, 67081-67089 2023-21671 PROPOSED RULES Expand the Definition of a Public Assistance Household, 67148-67157 2023-21550 Intermediate Improvement to the Disability Adjudication Process:

Including How We Consider Past Work, 67135-67148 2023-21557 Southwestern Southwestern Power Administration NOTICES Integrated System Rate Schedules, 67275-67276 2023-21449 Rate Order: Robert D. Willis Hydropower Project Rate Schedule, 67274-67275 2023-21453 Sam Rayburn Dam Rate Schedule, 67276-67277 2023-21451 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: President's Emergency Plan for AIDS Relief Program Expenditures, 67420-67421 2023-21309 Questionnaire--Loss of United States Nationality;

Attestations, 67419 2023-21311 Certification: Foreign Military Financing for Colombia under the Department of State, Foreign Operations, and Related Programs Appropriations Act, 67420 2023-21414 Culturally Significant Objects Imported for Exhibition: Bonnard's Worlds, 67420 2023-21480 Determination: Military Assistance to Ukraine, 67421 2023-21423 Meetings: International Security Advisory Board, 67419 2023-21472 Private Sector Participation in Domestic and International Events on Spaceflight Safety, Sustainability, and Emerging Markets In Outer Space, 67421-67422 2023-21537 Trade Representative Trade Representative, Office of United States NOTICES Application:

Inclusion on the Binational Panels Roster under the United States-Mexico-Canada Agreement, 67422-67424 2023-21531 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 67434-67436 2023-21548 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67448-67449, 67451-67452 2023-21312 2023-21482 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Beneficial Ownership Information Reports, 67443-67448 2023-21293 Individual FinCEN Identifier Application, 67449-67451 2023-21325 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Dependents' Application for VA Education Benefits, 67452-67453 2023-21545 Financial Status Report, 67452 2023-21454 Residency Verification Report-Veterans and Survivors, 67454 2023-21522 Statement of Person Claiming to Have Stood in Relation of Parent, 67453-67454 2023-21395 Enhanced-Use Lease:

Real Property for the Development of Permanent Supportive Housing at the Greater Los Angeles Healthcare System, West Los Angeles, CA Campus, 67454-67455 2023-21406 Separate Parts In This Issue Part II Energy Department, 67458-67511 2023-19146 Part III Federal Communications Commission, 67514-67568 2023-14656 Part IV National Credit Union Administration, 67570-67601 2023-20950 Part V Defense Department, Defense Acquisition Regulations System, 67604-67612 2023-20816 2023-20800 2023-20801 Part VI Presidential Documents, 67613-67616 2023-21797 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. 88 188 Friday, September 29, 2023 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Organization and Procedures AGENCY: Merit Systems Protection Board. ACTION: Interim final rule; request for comments. SUMMARY:

The Merit Systems Protection Board (MSPB or the Board) is launching an updated electronic filing (e-filing) system, e-Appeal, on October 2, 2023, in support of MSPB's agency-wide initiative to modernize its technology, gain new efficiencies, and improve the e-filing experience for our external users. MSPB hereby amends its rules of practice and procedure to require all pleadings filed by agencies and attorneys who represent appellants in MSPB proceedings to be electronically filed (e-filed).

This requirement will apply to all pleadings in all adjudicatory proceedings before the Board except those specifically excluded by this interim final rule. DATES: This interim final rule is effective October 2, 2023. Submit written comments concerning this interim final rule on or before December 31, 2023. ADDRESSES: Submit comments by using only one of the following methods: *Email: mspb@mspb.gov.* Include “Amendments to E-filing Regulations” in the subject line of the email. *Fax:*

(202)653-7130. *Mail or other commercial delivery:* Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419. *Instructions:* All comments must reference “Amendments to E-filing Regulations.” Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to MSPB's website ( *www.mspb.gov* ) and will include any personal information you provide. Therefore, submitting this information makes it public. FOR FURTHER INFORMATION CONTACT: Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; phone:

(202)653-7200; fax:

(202)653-7130; email: *mspb@mspb.gov.* SUPPLEMENTARY INFORMATION: I. Background On February 26, 2008, MSPB issued final regulations at 5 CFR parts 1201, 1203, 1208, and 1209 governing e-filing. 73 FR 10127. Under those regulations, virtually any type of pleading could be filed electronically via MSPB's e-filing application. In the February 26, 2008 **Federal Register** notice, MSPB announced that it was giving serious consideration to mandating e-filing for agencies and attorneys who represent appellants in MSPB proceedings. 73 FR 10127-28. On October 13, 2011, MSPB issued an interim final rule, with request for comments, launching a pilot program under which the Washington Regional Office

(WRO)and Denver Field Office

(DEFO)required all pleadings filed by agencies and attorneys who represent appellants in MSPB proceedings to be e-filed. In the October 13, 2011 **Federal Register** notice, MSPB noted that should the pilot program in WRO and DEFO prove to be successful, the Board would consider proposing a final comprehensive rule that would make e-filing mandatory for agencies and attorneys who represent appellants. Since the launch of the pilot program, the proportion of pleadings e-filed has steadily increased. In fiscal year 2022, 85% of initial appeals and 95% of pleadings were filed electronically using MSPB's e-filing application. On October 2, 2023, MSPB will launch an updated e-filing system, e-Appeal. The extensive capabilities of MSPB's current e-filing application that allow appellants, their representatives, and agencies to e-file an appeal and pleadings and view case records will still be available in the new, modernized e-Appeal system. Additionally, in the new e-Appeal, parties and their representatives will have access to a dashboard that allows management of all their Board cases and case materials in one place, providing new efficiencies for our customers. Although MSPB's current e-filing application has been valuable to both MSPB and its customers, some benefits can only be fully realized by maximizing the number of pleadings that are e-filed. By requiring e-filing for agencies and attorneys who represent appellants, MSPB can improve efficiency in adjudication and reduce costs associated with the need to scan pleadings that are submitted in paper form. Finally, while these amendments are being issued immediately as interim final rules, the Board still requests that all stakeholders or other interested individuals provide their views on the amendments. The Board will thoroughly consider all input and respond to all comments as necessary. II. Summary of Changes Set forth below is a summary of amendments being implemented by MSPB. Part 1201—Practices and Procedures Subpart B—Procedures for Appellate Cases Section 1201.14 Electronic Filing Procedures This amendment modifies the procedures related to e-filing with the Board to require agency representatives and appellant attorney representatives to register as e-filers with MSPB and to file all pleadings using MSPB's e-Appeal. The amendment further modifies the scope of registration as an e-filer to now include all cases a party has with MSPB, and the requirements for what may be included with electronic pleadings in Board appeals. The amendment adds the requirement for agencies to designate an individual agency representative to whom the Board will serve a copy of an appeal when it is docketed. Section 1201.24 Content of an Appeal; Right to Hearing This amendment modifies the requirements for the information contained in an appeal to include the email address of the appellant and the appellant's representative, if any. Because free email addresses are widely available, requiring an email address should not be an undue burden on appellants or appellant non-attorney representatives who do not register as e-filers. The amendment further removes references to the direct link to MSPB's e-Appeal, which can be accessed directly from MSPB's website. Section 1201.26 Service of Pleadings and Response This amendment removes the requirement for the appellant to file two copies of the appeal with the Board and modifies the formatting requirements for pleadings filed via postal mail, facsimile, or commercial or personal delivery in Board appeals. This amendment further adds the requirements for how audio and video evidence may be submitted to the Board. Appendix II to Part 1201—Appropriate Regional or Field Office for Filing Appeals This amendment reflects the change to the contact information of the Board's New York Field Office. Appendix II of this part is amended to show the new address and facsimile number. The geographical areas served by the New York Field Office are unchanged. This amendment also removes obsolete language regarding text-based telecommunications capabilities of the facsimile numbers for the Board's Regional and Field Offices. III. Effective Date of Amendments The amendments described above will go into effect on October 2, 2023. IV. Procedural Requirements A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), MSPB has determined that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment requirements of section 553(b) do not apply to interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice. The Board finds that use of an interim final rule instead of notice and comment rulemaking is appropriate here because the amendments contained herein apply solely to the Board's rules of agency organization, procedure, or practice. All of the amendments solely address how appeals proceed at the Board, and do not affect any substantive rights of parties before the Board or interested stakeholders. No substantive changes in existing law or policy are effected from these amendments. Under these circumstances, notice and comment rulemaking is unnecessary and not required by any public interest. B. Regulatory Impact Analysis: Executive Order 12866 MSPB has determined that this is not a significant regulatory action under E.O. 12866. Therefore, no regulatory impact analysis is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. *See* 5 U.S.C. 603(a) and 604(a). As discussed above, notice and comment rulemaking is unnecessary for these changes due to the lack of substantive changes being made to existing law or policy. Thus, the RFA does not apply to this final rule. D. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). E. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801, *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1201 Administrative practice and procedure. Accordingly, for the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES [AMENDED] 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. 2. Section 1201.14 is revised to read as follows: § 1201.14 Electronic filing procedures

(a)*General.* This section prescribes the rules and procedures by which parties and representatives to proceedings within the MSPB's appellate and original jurisdiction may file and receive documents electronically.

(b)*System for electronic filing.*

(1)The MSPB's e-Appeal system is the exclusive system for electronic filing (e-filing) with the MSPB. Except as specifically provided, the MSPB will not accept pleadings filed by email. The link to e-Appeal is available at the MSPB's website ( *https://www.mspb.gov* ).

(2)e-Appeal is a closed system that collects and maintains records as part of an MSPB system of records and is subject to the provisions of the Privacy Act of 1974. Access to cases in e-Appeal is limited to the parties participating in a Board proceeding who have registered as e-filers with the MSPB, and authorized individuals providing legal support to designated representatives.

(c)*Matters subject to electronic filing.* Subject to the registration requirement of paragraph

(e)of this section, parties and representatives may use e-filing to do any of the following:

(1)File any pleading, including a new appeal, in any matter within the MSPB's appellate jurisdiction (§ 1201.3);

(2)File any pleading, including a new complaint, in any matter within the MSPB's original jurisdiction (§ 1201.2);

(3)File a petition for enforcement of a final MSPB decision (§ 1201.182);

(4)File a request for attorney fees (§ 1201.203);

(5)File a request for compensatory, consequential, or liquidated damages (§ 1201.204);

(6)Designate a representative, revoke such a designation, or change such a designation (§ 1201.31);

(7)Notify the MSPB of a change in contact information such as address (geographic or email) or telephone number; or

(8)Receive a requested subpoena from the Board for issuance to a witness (§ 1201.83).

(d)*Matters excluded from e-filing.* E-filing may not be used to:

(1)File a request to hear a case as a class appeal or any opposition thereto (§ 1201.27);

(2)Serve a subpoena on a witness (§ 1201.83);

(3)File a pleading with the Special Panel (§ 1201.137);

(4)File a pleading that contains Sensitive Security Information

(SSI)(49 CFR parts 15 and 1520);

(5)File a pleading that contains classified information (32 CFR part 2001); or

(6)File a request to intervene or participate as an *amicus curiae* or file a brief as amicus curiae pursuant to § 1201.34.

(e)Registration as an e-filer.

(1)The exclusive means to register as an e-filer is to follow the instructions at e-Appeal using a unique email address.

(2)Registration as an e-filer constitutes consent to accept electronic service of pleadings filed by other e- filers and documents issued by the MSPB. No one may electronically file a new appeal or a pleading with the MSPB, or view the case record in an assigned appeal, unless registered as an e-filer.

(3)Registration as an e-filer applies to all MSPB proceedings with which the e-filer is associated in their e-Appeal role (appellant, appellant representative, or agency representative). If an individual requires more than one e-Appeal role ( *e.g.,* appellant and appellant representative), they must register for each role separately using a different email address.

(4)All notices, orders, decisions, and other documents issued by the MSPB, as well as all pleadings filed by parties, will be made available for viewing and downloading at e-Appeal. Access to documents at e-Appeal is limited to the parties and representatives who are registered e-filers in the appeals in which they were filed.

(5)Agency representatives and appellant attorney representatives must register as e-filers.

(6)Each e-filer must promptly update their e-Appeal profile and notify the MSPB and other participants of any change in their address, telephone number, or email address by filing a pleading in each pending proceeding with which they are associated.

(7)An appellant or an appellant non-attorney representative may withdraw their registration as an e-filer pursuant to requirements set forth in e-Appeal policies posted to the MSPB's website. Such withdrawal means that, effective upon the MSPB's processing of a proper withdrawal, pleadings and MSPB documents will no longer be served on that person electronically and that person will no longer have electronic access to their case records through e-Appeal. A withdrawal of registration as an e-filer may preclude future re-registering as an e-filer.

(f)*Pleadings by e-filers.* Agency representatives and appellant attorney representatives must file all pleadings using e-Appeal, except those pleadings excluded from e-filing by paragraph

(d)of this section. A pleading, or any part thereof, filed by non-electronic means, *i.e.,* via postal mail, facsimile, or personal or commercial delivery, may be rejected.

(g)*Agency Initial Contacts.*

(1)Agencies are required to designate a specific individual as an initial agency representative to whom the Board will serve a copy of an appeal when it is docketed. Agency initial contacts are responsible for monitoring case activity regularly at e-Appeal.

(2)Agency initial contacts must be designated pursuant to requirements set forth in e-Appeal policies posted to the MSPB's website.

(h)*Form of electronic pleadings* —(1) *Electronic formats allowed.* E-Appeal accepts numerous electronic formats, including word-processing and spreadsheet formats, Portable Document Format (PDF), and image files (files created by scanning). A list of formats allowed is set forth in e-Appeal policies posted to the MSPB's website. Pleadings filed via e-Appeal must be formatted so that they will print on 8 1/2 -inch by 11-inch paper in portrait orientation. Parties are responsible for reviewing all pleadings to confirm legibility and to minimize the inclusion of nonrelevant personally identifiable information.

(2)*Requirements for pleadings with electronic attachments.* An e-filer who uploads supporting documents, in addition to the document that constitutes the primary pleading, must identify each attachment, either by bookmarking the document using e-Appeal, or by uploading the supporting documents in the form of one or more PDF files in which each attachment is bookmarked. Bookmark names must comply with requirements set forth in e-Appeal policies posted to the MSPB's website and include information such as a brief descriptive label with dates ( *e.g.,* “Oct. 1, 2021—Decision Notice”).

(3)*Submission of audio and video evidence.* Audio and video evidence must be submitted according to the formatting and submission requirements set forth in e-Appeal policies posted to the MSPB's website.

(i)*Service of electronic pleadings and MSPB documents.*

(1)When MSPB documents are issued or when parties e-file any pleadings, e-Appeal will send an email notification to other parties who are e-filers. When using e-Appeal to file a pleading, e-filers will be notified of all documents that must be served by non-electronic means, and they must certify that they will serve all such documents no later than the first business day after the electronic submission.

(2)Delivery of email can encounter failure points. E-filers are responsible for ensuring that email from *mspb.gov* is not blocked by filters.

(3)E-filers are responsible for monitoring case activity regularly at e-Appeal to ensure that they have received all case-related documents.

(j)*Documents requiring a signature.* Electronic documents filed by an e-filer pursuant to this section shall be deemed to be signed by the e-filer for purposes of any regulation in part 1201, 1203, 1208, or 1209 of this chapter that requires a signature.

(k)*Affidavits and declarations made under penalty of perjury.* E-filers may submit electronic pleadings in the form of declarations made under penalty of perjury under 28 U.S.C. 1746, as described in appendix IV to this part. If the declarant is someone other than the e-filer, a signed affidavit or declaration should be uploaded as an image file or with an acceptable digital signature that complies with requirements set forth in e-Appeal policies posted to the MSPB's website.

(l)*Date electronic documents are filed and served.*

(1)As provided in § 1201.4(l) of this part, the date of filing for pleadings filed via e-Appeal is the date of electronic submission. All pleadings filed via e-Appeal are time stamped with Eastern Time, but the timeliness of a pleading will be determined based on the time zone from which the pleading was submitted. For example, a pleading filed at 11 p.m. Pacific Time on August 20 will be stamped by e-Appeal as being filed at 2 a.m. Eastern Time on August 21. However, if the pleading was required to be filed with the Washington Regional Office (in the Eastern Time Zone) on August 20, it would be considered timely, as it was submitted prior to midnight Pacific Time on August 20.

(2)MSPB documents served electronically on e-filers are deemed received on the date of electronic transmission.

(m)*Authority of MSPB to regulate e-filing.*

(1)A judge or the Clerk of the Board may issue orders regulating the method of submissions for a particular period or particular submissions.

(2)A judge or the Clerk of the Board may require that any document filed electronically be submitted in non-electronic form and bear the written signature of the submitter.

(3)The MSPB may order any party or authorized individual to cease participation as an e-filer or access to e-Appeal in circumstances that constitute a misuse of the system or a failure to comply with law, rule, regulation, or policy governing use of a U.S. government information system.

(4)MSPB reserves the right to revert to traditional methods of service. The MSPB may serve documents via traditional means—postal mail, facsimile, commercial or personal delivery—at its discretion. Parties and their representatives are responsible for ensuring that the MSPB always has their current postal mailing addresses, even when they are e-filers. § 1201.24 [Amended] 3. Amend § 1201.24 as follows: a. By removing from the third sentence in paragraph

(a)introductory text the words “in electronic form” and adding in their place “electronically”; b. By removing from paragraph (a)(1) the words “and telephone number” and adding in their place “telephone number, and email address”; c. By removing from paragraph (a)(6) the words “and telephone number” and adding in their place “telephone number, and email address”; d. By removing from paragraph (a)(9) the words “the Board's e-Appeal site ( *https://e-appeal.mspb.gov* )” and adding in their place “e-Appeal”; and e. By removing from paragraph

(c)the words “the e-Appeal site ( *https://e-appeal.mspb.gov* )” and adding in their place “e-Appeal” and by removing the words “Board's Web site” and adding in their place “MSPB's website”. 4. Revise § 1201.26 to read as follows: § 1201.26 Service of Pleadings and Response

(a)*Service* —(1) *Service by the Board.* The appropriate office of the Board will notify each party to the proceeding that a new appeal has been docketed and will attach to the initial order in the proceeding a certificate of service, consisting of a list of the parties to the proceeding or their designated representatives.

(2)*Service by the parties.* The parties must serve on each other one copy of each pleading, as defined by § 1201.4(b), and all documents submitted with it, except for the appeal. They may do so by electronic filing in accordance with § 1201.14, postal mail, facsimile, or commercial or personal delivery. Documents and pleadings must be served on each party and each representative. A certificate of service stating how and when service was made must accompany each pleading. The parties and their representatives must notify the appropriate Board office and one another, in a pleading, of any changes in their address, telephone number, or email address.

(b)*Submission of documents.* Pleadings and attachments filed via postal mail, facsimile, or commercial or personal delivery must be filed on 8 1/2 -inch by 11-inch paper. This requirement enables the Board to comply with standards established for U.S. courts. Paper pleadings and attachments may not contain binders, folders, staples, paper clips, or notes adhered to pages. Such items will be removed and not included in the record, or the filing may be rejected. Documents may not be submitted on an electronic media storage device such as a Compact Disc (CD), Digital Video Disc (DVD), or flash drive. Parties are responsible for reviewing all pleadings to confirm legibility and to minimize the inclusion of nonrelevant personally identifiable information. Pleadings filed via e-Appeal must adhere to the formatting and filing requirements set forth in § 1201.14(h).

(c)*Submission of audio and video evidence.* Audio and video evidence must be submitted according to the formatting and submission requirements set forth in policies posted to the MSPB's website. Appendix II to Part 1201—[Amended] 5. Amend appendix II to part 1201 by: a. Removing the second sentence of the introductory text; and b. Removing from paragraph 3a the words “26 Federal Plaza, Room 3137-A, New York, New York 10278-0022, Facsimile No.:

(212)264-1417” and adding in their place “1601 Market Street, Suite 1700, Philadelphia, PA 19103, Facsimile No.:

(215)597-3456”. Jennifer Everling, Acting Clerk of the Board. [FR Doc. 2023-21272 Filed 9-28-23; 8:45 am]

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