Unknown. Final rule

4,223 words·~19 min read·/register/2023/11/17/2023-25300·

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-2023-11-17.xml --- 88 221 Friday, November 17, 2023 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80269 2023-25450 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications, 80197-80216 2023-24978 NOTICES Meetings:

Academic Research Council, 80285 2023-23894 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 80304-80305 2023-25460 Board of Scientific Counselors, National Center for Injury Prevention and Control, 80305 2023-25456 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Disclosures of Ownership and Additional Disclosable Parties Information for Skilled Nursing Facilities and Nursing Facilities;

Medicare Providers' and Suppliers' Disclosure of Private Equity Companies and Real Estate Investment Trusts, 80141-80169 2023-25408 Civil Rights Civil Rights Commission NOTICES Meetings: Tennessee Advisory Committee, 80272 2023-25448 Coast Guard Coast Guard RULES Safety Zone: Hurricanes, Tropical Storms, and Other Storms with High Winds; Captain of the Port Zone Sector North Carolina, 80132-80134 2023-25461 Shrewsbury River, S-32 Bridge, Boroughs of Rumson and Sea Bright, NJ, 80136-80139 2023-25447 Security Zone:

Corpus Christi Ship Channel, Corpus Christi, TX, 80134-80136 2023-25457 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau 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 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80282-80283 2023-25499 Procurement List;

Additions and Deletions, 80281-80284 2023-25417 2023-25418 Commodity Credit Commodity Credit Corporation RULES Regional Agricultural Promotion Program, 80092-80108 2023-25015 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gross Collection of Exchange-Set Margins for Omnibus Accounts, 80284 2023-25424 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Package for AmeriCorps VISTA Application and Reporting Forms, 80285-80286 2023-25405 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Inapplicability of Certain Laws and Regulations to Commercial Items, 80462-80465 2023-25158 Technical Amendments, 80465-80467 2023-25162 PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Export-Controlled Items; Withdrawal, 80478 2023-25159 Inapplicability of Additional Defense-Unique Laws and Certain Non-statutory Defense Federal Acquisition Regulation Supplement Clauses to Commercial Item Contracts, 80468-80472 2023-25160 Limitation on the Acquisition of Certain Goods Other Than United States Goods, 80472-80477 2023-25161 Modular Open Systems Approaches, 80258-80260 2023-25407 Rights in Technical Data, 80260-80263 2023-25406 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Prohibition of Foreign Commercial Satellite Services From Certain Foreign Entities-Representations, 80286 2023-25373 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Performance Report for Titles III, V, and VII Grants, 80288 2023-25480 State and Early Intervention Services Record Keeping and Reporting Requirements, 80288-80289 2023-25449 Employment and Training Employment and Training Administration RULES Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2024 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers, 80394-80460 2023-25493 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Application:

Presidential Permit; CHPE LLC; Amendment, 80290-80291 2023-25433 Meetings: Electric Vehicle Working Group, 80289 2023-25455 Environmental Protection Environmental Protection Agency RULES Adoption and Submittal of State Plans for Designated Facilities: Regulations under the Clean Air Act, 80480-80545 2023-25269 Privacy Act Regulations for EPA-83, 80139-80141 2023-24669 PROPOSED RULES Potential Future Regulation for Emergency Release Notification Requirements for Animal Waste Air Emissions under the Emergency Planning and Community Right-to-Know Act, 80222-80237 2023-25270 Privacy Act Regulations for EPA-83, 80220-80222 2023-24668 NOTICES Adoption of a Bureau of Indian Affairs Categorical Exclusion under the National Environmental Policy Act, 80298-80300 2023-25505 Certain New Chemicals:

Receipt and Status Information for October 2023, 80294-80298 2023-25437 Environmental Impact Statements; Availability, etc., 80300 2023-25454 Export Import Export-Import Bank NOTICES Applications for Long-Term Loans or Financial Guarantees in Excess of $100 million, 80300 2023-25481 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 80216-80218 2023-25340 NOTICES Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees, 80376 2023-25488 Federal Communications Federal Communications Commission PROPOSED RULES Connect America Fund:

Alaska Connect Fund, Eligible Telecommunications Carrier Annual Reports and Certifications, Telecommunications Carriers Eligible to Receive Universal Service Support, Universal Service Reform—Mobility Fund, 80238-80256 2023-25375 Television Broadcasting Services: Missoula, MT, 80256-80257 2023-25392 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Emergency Management Agency Preparedness Grants:

Homeland Security Grant Program, 80324-80325 2023-25419 Preparedness Grants: Port Security Grant Program, 80325-80326 2023-25487 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Empire District Electric Co., 80291-80293 2023-25397 Environmental Assessments; Availability, etc.: Ampersand Christine Falls Hydro, LLC, 80291 2023-25396 Northern States Power Co.-Wisconsin, 80291 2023-25398 Transfer of Exemption: Tridam Energy, LLC; Madko Hydro, LLC, 80293 2023-25401 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Privacy Act;

Systems of Records, 80300-80303 2023-25371 Federal Labor Federal Labor Relations Authority RULES Miscellaneous and General Requirements, 80091-80092 2023-25300 Federal Motor Federal Motor Carrier Safety Administration RULES Federal Motor Carrier Safety Regulations (General Technical, Organizational, Conforming, and Correcting Amendments), 80169-80193 2023-24160 NOTICES Exemption Application: Qualification of Drivers; Epilepsy and Seizure Disorders, 80376-80377 2023-25502 Federal Procurement Federal Procurement Policy Office NOTICES Acquisition Data Management, 80339-80345 2023-25370 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 80377-80380 2023-25442 2023-25443 2023-25444 2023-25445 Request to Amend Positive Train Control Safety Plan and Positive Train Control System:

Metro-North Commuter Railroad, 80379 2023-25420 Federal Reserve Federal Reserve System RULES Delegation of Authority, 80108-80109 2023-25387 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 80304 2023-25462 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Metropolitan and Statewide and Nonmetropolitan Transportation Planning, 80381-80382 2023-25413 Pre-Award, Post Delivery Audit Requirements under Buy America, 80382-80383 2023-25414 Title VI as it Applies to Federal Transit Administration Grant Programs, 80380-80381 2023-25415 Financial Stability Financial Stability Oversight Council RULES Guidance on Nonbank Financial Company Determinations, 80110-80131 2023-25053 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Barred Owl Management Strategy; Washington, Oregon, and California, 80329-80332 2023-25032 Permits; Applications, Issuances, etc.: Incidental Take and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL, 80332-80333 2023-25435 Wild Bird Conservation Act, 80328-80329 2023-25436 Food and Drug Food and Drug Administration NOTICES Guidance: Assessing the Credibility of Computational Modeling and Simulation in Medical Device Submissions, 80314-80315 2023-25470 Notifying the FDA of a Permanent Discontinuance or Interruption in Manufacturing of a Device under the Federal Food, Drug, and Cosmetic Act and Select Updates, 80310-80312 2023-25458 Product-Specific Guidances, 80315-80317 2023-25485 Meetings:

Anesthesiology and Respiratory Therapy Devices Panel of the Medical Devices Advisory Committee, Pulse Oximeters, 80312-80314 2023-25475 General Hospital and Personal Use Devices Panel of the Medical Devices Advisory Committee, 80305-80307 2023-25459 Patent Extension Regulatory Review Period: Rozlytrek Injection; Correction, 80317-80318 2023-25489 Request of Nominations: Voting Members on Public Advisory Panels or Committees; Device Good Manufacturing Practice Advisory Committee and the Medical Devices Advisory Committee, 80307-80310 2023-25367 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 80383-80386 2023-25440 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Subzone:

Helena Indiustries, LLC, Foreign-Trade Zone 26, Cordele, GA; Correction, 80272 2023-25467 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Stanislaus National Forest; California; Social and Ecological Resilience Across the Landscape 2.0, 80270-80272 2023-25427 Forest Service Manual 2300 - Recreation, Wilderness, and Related Resource Management, Chapter 2350—Trail, River, and Similar Recreation Opportunities, Section 2355—Climbing Opportunities, 80269-80270 2023-25426 Health and Human Health and Human Services Department 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 See Substance Abuse and Mental Health Services Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Federal Advisory Committee on Long COVID; Requests for Nominations, 80319-80320 2023-24586 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Scientific Registry of Transplant Recipients Information Collection Effort for Potential Donors for Living Organ Donation, 80318-80319 2023-25368 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services RULES Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2024 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers, 80394-80460 2023-25493 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: USSS Citizens Academy Application, Electronic Form, 80326-80327 2023-25446 Industry Industry and Security Bureau RULES Entity List Removal, 80131-80132 2023-25557 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80386-80388 2023-25377 2023-25411 2023-25439 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certain Transfers of Domestic Stock or Securities by U.S. Persons to Foreign Corporations, 80388 2023-25410 Requests for Miscellaneous Determination, 80389 2023-25409 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Paper Shopping Bags from the People's Republic of China;

Correction, 80273-80274 2023-25468 Meetings: Renewable Energy and Energy Efficiency Advisory Committee, 80272-80273 2023-25452 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Aluminum Lithographic Printing Plates from China and Japan, 80338 2023-25402 Certain Electronic Devices, Including Mobile Phones, Tablets, Laptops, Components Thereof, and Products Containing the Same, 80337-80338 2023-25441 Certain Mobile Phones, Components Thereof, and Products Containing Same, 80336-80337 2023-25451 Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof, 80334-80335 2023-25412 Silicon Metal from China, 80335-80336 2023-25469 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau PROPOSED RULES Management and Protection of the National Petroleum Reserve in Alaska, 80237-80238 2023-25486 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 80338-80339 2023-25645 Management Management and Budget Office See Federal Procurement Policy Office National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 80345-80346 2023-25369 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Charter Amendments, Establishments, Renewals and Terminations: Board of Scientific Counselors, Division of Translational Toxicology, National Institute of Environmental Health Sciences, 80321 2023-25472 Meetings:

Center for Scientific Review, 80322 2023-25465 National Cancer Institute, 80322-80323 2023-25490 National Center for Advancing Translational Sciences, 80321-80322 2023-25464 National Institute of Neurological Disorders and Stroke, 80320-80321 2023-25403 2023-25404 Office of the Director, 80320-80321 2023-25376 National Oceanic National Oceanic and Atmospheric Administration RULES Modification of Deadlines under the Fish and Fish Product Import Provisions of the Marine Mammal Protection Act, 80193-80194 2023-25399 PROPOSED RULES Fisheries of the Northeastern United States: 2024 and Projected 2025 Specifications for the Summer Flounder and Scup Fisheries, and 2024 Specifications for the Black Sea Bass Fishery, 80263-80268 2023-25431 NOTICES Meetings:

Gulf of Mexico Fishery Management Council, 80274 2023-25484 Pacific Fishery Management Council, 80274-80276 2023-25388 2023-25390 2023-25395 2023-25483 Taking or Importing of Marine Mammals: Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 80276-80277 2023-25434 National Park National Park Service NOTICES Evaluation and Authorization Procedures for Fixed Anchors and Fixed Equipment in National Park Service Wilderness Areas, 80333-80334 2023-25142 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 80346 2023-25608 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Continuation of Navy Atlantic Fleet Training and Testing Activities, 80286-80288 2023-24947 Performance Review Board Members, 80288 2023-25453 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Draft Regulatory Guide: Dedication of Commercial-Grade Items for Use in Nuclear Power Plants, 80195-80196 2023-25422 Evaluating Deviations and Reporting Defects and Noncompliance, 80196-80197 2023-25421 Patent Patent and Trademark Office NOTICES Guidance:

Examination of Design Patent Applications Related to Computer-generated Electronic Images, Including Computer-generated Icons and Graphical User Interfaces, 80277-80281 2023-25473 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 80346-80347 2023-25389 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 80219-80220 2023-25430 NOTICES New Postal Products, 80347 2023-25374 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

America Recycles Day (Proc. 10673), 80089-80090 2023-25639 ADMINISTRATIVE ORDERS Nicaragua; Continuation of National Emergency (Notice of November 16, 2023), 80547-80549 2023-25713 U.S. Spectrum Policy Modernization and National Spectrum Strategy Establishment (Memorandum of November 13, 2023), 80079-80084 2023-25627 White House Office: Women's Health Research Initiative; Establishment (Memorandum of November 13, 2023), 80085-80088 2023-25632 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80360-80361, 80364-80366, 80371-80372 2023-25476 2023-25477 2023-25478 2023-25479 Application: Saratoga Investment Advisors, LLC, et al., 80365 2023-25498 Meetings; Sunshine Act, 80364 2023-25606 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 80353-80356 2023-25379 Cboe BZX Exchange, Inc., 80349-80353 2023-25383 Cboe EDGX Exchange, Inc., 80369-80371 2023-25381 Cboe Exchange, Inc., 80356-80358 2023-25384 Miami International Securities Exchange LLC, 80361-80362 2023-25385 MIAX PEARL, LLC, 80366-80369 2023-25380 Nasdaq ISE, LLC, 80348-80349 2023-25378 Nasdaq PHLX LLC, 80363-80364 2023-25386 The Nasdaq Stock Market LLC, 80358-80360 2023-25382 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings;

Correction, 80323-80324 2023-25463 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control: TBL Group, Inc., East Coast Transportation Co. of North Florida, LLC, 80374-80375 2023-25491 Van Pool Transportation LLC; PLSIII LLC, 80372-80374 2023-25391 Exemption: Abandonment; CSX Transportation, Inc., Worcester, MA, 80375-80376 2023-25474 Acquisition; Buckingham Branch Railroad Co., Norfolk Southern Railway Co., 80374 2023-25492 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Survey of United States Ownership of Foreign Securities, 80389-80390 2023-25501 U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Temporary Protected Status: Extension and Redesignation of Venezuela; Correction, 80327-80328 2023-25507 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accelerated Payment Verification of Completion Letter, 80390 2023-25503 Environmental Assessments; Availability, etc.: Build-to-Suit Lease Program, 80390-80391 2023-25416 Western Western Area Power Administration NOTICES Rate Order:

No. WAPA-207; Formula Rates for Central Valley Project Power, Transmission, and Ancillary Services; and California-Oregon Transmission Project Transmission Service, 80293-80294 2023-25432 Separate Parts In This Issue Part II Homeland Security Department, 80394-80460 2023-25493 Labor Department, Employment and Training Administration, 80394-80460 2023-25493 Part III Defense Department, Defense Acquisition Regulations System, 80462-80478 2023-25158 2023-25162 2023-25159 2023-25160 2023-25161 Part IV Environmental Protection Agency, 80480-80545 2023-25269 Part V Presidential Documents, 80547-80549 2023-25713 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. 88 221 Friday, November 17, 2023 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2429 Miscellaneous and General Requirements AGENCY: Federal Labor Relations Authority. ACTION: Final rule. SUMMARY: This final rule adopts, with one minor change, a proposed rule published in the **Federal Register** on September 29, 2023.

The final rule specifies that, if parties wish to file documents with the Federal Labor Relations Authority's (FLRA's) Office of Case Intake and Publication

(CIP)in person, then they must schedule an appointment at least one business day in advance. The final rule also makes other minor technical and formatting changes. In addition, like the proposed rule, the final rule specifies that documents filed through the FLRA's electronic-filing (eFiling) system must be filed electronically by “11:59 p.m.,” rather than “midnight,” on the due date. However, unlike the proposed rule, the final rule specifies that the 11:59 p.m. filing deadline is “Eastern Time.” DATES: This final rule is effective on December 18, 2023. FOR FURTHER INFORMATION CONTACT: Erica Balkum, Chief, Office of Case Intake and Publication at *ebalkum@flra.gov* or at:

(771)444-5805. SUPPLEMENTARY INFORMATION: On September 29, 2023, in 88 FR 67117, the FLRA's three-Member, decisional component (the Authority) proposed to amend 5 CFR 2429.24(a) to revise the rules regarding filing documents in cases before the Authority (as distinct from the FLRA's General Counsel, Regional Directors, or Administrative Law Judges). Specifically, the Authority proposed to revise 5 CFR 2429.24(a) to eliminate the references to parties being:

(1)able to file documents with CIP between 9 a.m. and 5 p.m. E.T., Monday through Friday (except federal holidays), and

(2)required to file any hand-delivered documents by 5 p.m. E.T. Instead, the proposed revisions would specify that:

(1)to file documents with CIP by personal delivery, parties must schedule an appointment at least one business day in advance by calling CIP; and

(2)personal delivery will be accepted by appointment Monday through Friday (except federal holidays). In addition, the proposed revisions would:

(1)update CIP's phone number to

(771)444-5805;

(2)delete the period after “NW” in CIP's mailing address;

(3)change the term “hand delivery” to “personal delivery”;

(4)change the eFiling deadline from “midnight E.T.” on the due date to “11:59 p.m.” on the due date; and

(5)in the second-to-last sentence of the regulation, change “federal legal documents” to “federal legal holidays.” The FLRA invited written comments on the proposed rule, stating that any such comments must be received by the FLRA by October 30, 2023. The FLRA received only two comments: one from an individual, and the second from a union. The individual commenter states that it is unclear from the proposed rule whether the Authority intends for the new eFiling deadline to be 11:59 p.m. “Eastern Time.” The commenter notes that the current version of 5 CFR 2429.24(a) specifies that the deadline is Eastern Time, but the proposed rule does not do so. The proposed rule's deletion of Eastern Time in connection with eFiling was inadvertent. Therefore, the final rule revises the proposed rule to specify that the 11:59 eFiling deadline is 11:59 p.m. Eastern Time. The union commenter opposes the proposed rule's requirement that parties who wish to file documents with CIP in person must schedule an appointment at least one business day in advance. First, the commenter notes that, in the **Federal Register** notice for the proposed rule, the Authority relied on the fact that no parties filed documents in person since in-person filing was reinstated on May 30, 2023. According to the union commenter, the FLRA did not publicize or tell parties about the May 30, 2023 reinstatement of in-person filing, so the absence of in-person filers since that date does not support the proposed rule. Second, the union commenter claims that the National Labor Relations Board

(NLRB)allows in-person filing without an appointment, and there is no justification for the FLRA having a different rule. Third, the union commenter asserts that recent Executive Branch policies and proposed federal legislation are aimed at increasing in-person services at federal agency offices, and the proposed rule would conflict with those aims. In response to the union commenter's first assertion, even assuming parties were unaware of the resumption of in-person-filing availability on May 30, 2023—despite the FLRA's Web site being updated to prominently note that resumption—that does not undercut the Authority's broader point that, even pre-pandemic, in-person filing was rare. In fact, even since the proposed rule was published in the **Federal Register** —which was also announced by a press release the same day—CIP has received only two in-person filings. As such, the alleged absence of publicity surrounding the resumption of in-person filing does not undercut the notion that in-person filing is rarely used. With regard to the assertions concerning the NLRB, as an initial matter, it is not clear that the filing practices of the FLRA should necessarily mirror those of the NLRB—a much larger agency, with far more staff and regulated parties, than the FLRA. In any event, the NLRB's filing regulations do not set forth standard hours when parties may file in person—and, in fact, they generally require parties to eFile documents. *See* 29 CFR 102.5(c) (specifying that, “[u]nless otherwise permitted under this section, all documents filed in cases before the Agency must be filed electronically (`E-Filed') on the Agency's website”). In this regard, NLRB guidance provides that in-person filing is permitted “only if the filer does not have access to the means for filing electronically or filing electronically would impose an undue burden.” NLRB, Guide to Board Procedures 3 (2023), *https://www.nlrb.gov/sites/default/files/attachments/pages/node-174/guide-to-board-procedures-2023.pdf.* The FLRA's proposed requirement to schedule in-person filing in advance—which does not in any way limit which parties may engage in such filing—is arguably even less restrictive than the NLRB's requirements. Finally, we acknowledge that there recently has been an increased focus on the resumption of certain in-person services at federal agency offices. However, nothing in the proposed rule would eliminate in-person filing; it would simply require one business day's advance notice in order to engage in such filing. Further, the resumption of certain in-person services does not undercut agencies' and courts' general trend of favoring eFiling over in-person filing, based on eFiling's numerous advantages for both parties and agencies. *See,* for example, IRS, Exempt Organizations e-file: Benefits of e-file, available at *https://www.irs.gov/charities-non-profits/exempt-organizations-e-file-benefits-of-e-file.* In addition, as discussed in greater detail in the **Federal Register** notice for the proposed rule, there are multiple reasons for this proposed change. Specifically: even before the COVID-19 pandemic, it was rare for parties to file with CIP in person; there are multiple other, easily accessible methods of filing documents with CIP; the FLRA desires to strongly encourage parties to use eFiling whenever possible; and CIP has limited staffing, which could become even more limited if budgetary or other considerations preclude the FLRA from filling positions as they become vacant. For these reasons, the Authority has not modified the proposed rule's requirement for parties to schedule in-person filing at least one business day in advance. Therefore, with the one minor modification discussed above—adding “Eastern Time” to the eFiling deadline—the Authority adopts the rule as originally proposed. 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 rule would not have a significant impact on a substantial number of small entities, because this rule would apply 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 rule would 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 would 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 rule would 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 rule contains 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 § 2429.24 by revising paragraph

(a)to read as follows: § 2429.24 Place and method of filing; acknowledgment.

(a)Except for documents that are filed electronically through use of the eFiling system on the FLRA's website at *www.flra.gov,* anyone who files a document with the Authority (as distinguished from the General Counsel, a Regional Director, or an Administrative Law Judge) must file that document with the Chief, Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K Street NW, Washington, DC 20424-0001 (telephone:

(771)444-5805). To file documents by personal delivery, you must schedule an appointment at least one business day in advance by calling the telephone number in the previous sentence. Personal delivery is accepted by appointment Monday through Friday (except federal holidays). If you file documents electronically through use of the FLRA's eFiling system, then you may file those documents on any calendar day—including Saturdays, Sundays, and federal legal holidays—and the Authority will consider those documents filed on a particular day if you file them no later than 11:59 p.m. Eastern Time on that day. Note, however, that although you may eFile documents on Saturdays, Sundays, and federal legal holidays, you are not required to do so. Also note that you may *not* file documents with the Authority by electronic mail (“email”). Approved: November 13, 2023. Thomas Tso, Solicitor and Federal Register Liaison, Federal Labor Relations Authority. [FR Doc. 2023-25300 Filed 11-16-23; 8:45 am]

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