Unknown. Final rule

2,835 words·~13 min read·/register/2023/12/27/2023-28408·

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-2023-12-27.xml --- 88 247 Wednesday, December 27, 2023 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Hearings, Meetings, Proceedings, etc., 89453 2023-28506 Agricultural Marketing Agricultural Marketing Service RULES Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida: Marketing Order, 89276-89280 2023-28315 PROPOSED RULES Domestic Dates Produced or Packed in Riverside County, CA:

Decreased Assessment Rate, 89327-89330 2023-28279 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See The U.S. Codex Office RULES Debt Management: Administrative Updates, 89275-89276 2023-28408 Animal Animal and Plant Health Inspection Service NOTICES Exemption: Movement of Organisms Modified or Produced through Genetic Engineering, 89362 2023-28545 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program:

Appeal Rights for Certain Changes in Patient Status, 89506-89538 2023-28152 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: District of Columbia Advisory Committee, 89366-89367 2023-28575 Hawai'i Advisory Committee, 89365-89366 2023-28570 Nebraska Advisory Committee, 89365 2023-28565 New Mexico Advisory Committee, 89363-89364 2023-28559 Puerto Rico Advisory Committee, 89364-89365 2023-28561 Texas Advisory Committee, 89366 2023-28560 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration RULES Civil Monetary Penalty Inflation Adjustment, 89300-89303 2023-28484 Commodity Futures Commodity Futures Trading Commission NOTICES Guidance:

Listing of Voluntary Carbon Credit Derivative Contracts, 89410-89428 2023-28532 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 89489-89495 2023-28473 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-statutory Defense Federal Acquisition Regulation Supplement Clauses to Commercial Item Contracts, 89357 2023-28413 Modular Open Systems Approaches, 89357-89358 2023-28415 Rights in Technical Data, 89358 2023-28414 Defense Department Defense Department See Defense Acquisition Regulations System Education Department Education Department RULES Final Waiver and Extension of the Project Period with Funding for Innovative Rehabilitation Training Grants, 89305-89306 2023-28375 Final Waiver and Extension of the Project Period with Funding for Rehabilitation Long-Term Training Grants, 89306-89307 2023-28490 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration PROPOSED RULES Energy Conservation Program:

Standards for Consumer Water Heaters, 89330-89339 2023-28556 NOTICES Application: Renewal of Authorization to Export Electric Energy; Boston Energy Trading and Marketing LLC, 89428-89429 2023-28475 Charter Amendments, Establishments, Renewals and Terminations: Isotope Research and Development and Production Advisory Committee, 89429 2023-28432 Hearings, Meetings, Proceedings, etc.: President's Council of Advisors on Science and Technology, 89431-89432 2023-28517 Importation or Exportation of Liquified Natural Gas or Electric Energy;

Applications, Authorizations, etc.: Boston Energy Trading and Marketing LLC, 89434-89435 2023-28479 Emera Energy Services Subsidiary No. 6 LLC, 89433-89434 2023-28478 Emera Energy Services Subsidiary No. 7 LLC, 89435-89436 2023-28464 Emera Energy Services Subsidiary No. 8 LLC, 89429-89430 2023-28462 Emera Energy Services, Inc., 89432-89433 2023-28466 Sempra Gas and Power Marketing, LLC, 89430-89431 2023-28477 TransCanada Energy Sales Ltd., 89433 2023-28480 Environmental Protection Environmental Protection Agency RULES Civil Monetary Penalty Inflation Adjustment, 89309-89313 2023-28555 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona; Maricopa County Air Quality Department, 89355-89357 2023-28495 California; Yolo-Solano Air Quality Management District, 89351-89355 2023-28525 NOTICES Cancellation Order for Certain Pesticide Registrations and Amendments to Terminate Uses, 89447-89449 2023-28547 Product Cancellation Order for Certain Pesticide Registrations, 89446-89447 2023-28557 Farm Credit Farm Credit Administration RULES Loan Policies and Operations, 89280-89286 2023-27929 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Statesboro, GA, 89292-89293 2023-28312 Thomasville, GA, 89293-89294 2023-28406 Airworthiness Directives: Embraer S.A. (Type Certificate Previously Held by Yabora Industria Aeronautica S.A.; Embraer S.A.) Airplanes, 89286-89290 2023-28335 Rolls-Royce Deutschland Ltd and Co KG Engines, 89290-89292 2023-28549 Extension of the Prohibition Against Certain Flights in the Damascus Flight Information Region, 89294-89300 2023-28502 PROPOSED RULES Airspace Designations and Reporting Points:

Ottumwa, IA, 89344-89346 2023-28381 Youngstown, OH, 89342-89344 2023-28513 Airworthiness Directives: BAE Systems (Operations) Limited Airplanes, 89339-89342 2023-28254 Federal Communications Federal Communications Commission NOTICES Hearings, Meetings, Proceedings, etc.: Disability Advisory Committee, 89449-89450 2023-28463 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 89489-89495 2023-28473 Hearings, Meetings, Proceedings, etc., 89450 2023-28471 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Federal Power Act Section 203 Blanket Authorizations for Investment Companies, 89346-89351 2023-28665 NOTICES Application:

Cube Yadkin Generation, LLC, 89443-89444 2023-28537 Jeffersonville Hydroelectric Co., 89444-89446 2023-28540 KC Brighton LLC, 89441-89442 2023-28539 Up Property 2, LLC, 89440-89441 2023-28535 Combined Filings, 89440, 89442-89443 2023-28542 2023-28544 Designation of Commission Staff as Non-Decisional: Commonwealth Edison Co., 89441 2023-28543 Federal Labor Federal Labor Relations Authority NOTICES Privacy Act; Systems of Records, 89450-89452 2023-28553 Federal Mediation Federal Mediation and Conciliation Service NOTICES Convening Policy, 89452 2023-28460 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 89489-89495 2023-28473 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 89452 2023-28541 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Foreign Endangered Species, 89464-89465 2023-28470 Food and Drug Food and Drug Administration RULES Guidance: Direct-to-Consumer Prescription Drug Advertisements: Presentation of the Major Statement in a Clear, Conspicuous, and Neutral Manner in Advertisements in Television and Radio Format Final Rule:

Questions and Answers, 89303-89305 2023-28530 NOTICES Filing of Food Additive Petition: Kemin Industries, Inc.; Correction, 89460 2023-28512 Patent Extension Regulatory Review Period: Cytalux, 89458-89460 2023-28507 Ponvory, 89455-89456 2023-28509 Scemblix, 89456-89458 2023-28519 Zokinvy, 89453-89455 2023-28511 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 89495-89496 2023-28461 General Services General Services Administration NOTICES Calendar Year 2024 Privately Owned Vehicle Mileage Reimbursement Rates;

Calendar Year 2024 Standard Mileage Rate for Moving Purposes, 89452-89453 2023-28563 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Oil Country Tubular Goods from the Republic of Korea, 89370-89371 2023-28526 Sugar from Mexico, 89367-89370 2023-28491 2023-28492 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Eyewear Products and Components Thereof, 89465-89466 2023-28455 Certain Marine Air Conditioning Systems, Components Thereof, and Products Containing the Same, 89466-89467 2023-28449 Labor Department Labor Department NOTICES Final Tribal Consultation Policy, 89467-89478 2023-28493 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 89478 2023-28521 National Institute National Institute of Standards and Technology NOTICES Environmental Assessments; Availability, etc.: Modernization and Internal Expansion of Existing Semiconductor Fabrication Facilities under the CHIPS Incentives Program, 89372-89373 2023-28487 Hearings, Meetings, Proceedings, etc.: National Conference on Weights and Measures 2024, 89373-89374 2023-28485 Visiting Committee on Advanced Technology, 89371 2023-28550 National Institute National Institutes of Health NOTICES Government Owned Inventions, 89461-89462 2023-28481 Hearings, Meetings, Proceedings etc.:

National Advisory Child Health and Human Development Council Stillbirth Working Group, 89463 2023-28444 Hearings, Meetings, Proceedings, etc.: Center For Scientific Review, 89461 2023-28531 National Center for Advancing Translational Sciences, 89463-89464 2023-28476 National Institute of Nursing Research, 89460 2023-28566 National Institute on Deafness and Other Communication Disorders, 89460-89461 2023-28572 National Institute on Drug Abuse, 89463 2023-28574 Licenses; Exemptions, Applications, Amendments, etc.:

Government-Owned Inventions, 89462-89463 2023-28474 Energy National Nuclear National Nuclear Security Administration NOTICES Secretarial Determination: No Adverse Material Impact on the Domestic Uranium Mining, Conversion, and Enrichment Industries to Support Molybdenum-99 Production, 89436-89439 2023-28501 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Reallocation of Pacific Cod in the Central Regulatory Area of the Gulf of Alaska, 89319-89320 2023-28486 Fisheries off West Coast States:

Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; 2024 Specifications and Management Measures Corrections, 89313-89319 2023-28339 PROPOSED RULES Fisheries off West Coast States: Coastal Pelagic Species Fisheries; Harvest Specifications for the Central Subpopulation of Northern Anchovy, 89358-89361 2023-28482 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Assistance Performance Progress Reports, 89383-89385 2023-28503 Resident Perceptions of Offshore Wind Energy Development off the Oregon Coast and Along the Gulf of Mexico, 89407-89408 2023-28504 Draft Revised Management Plan:

Apalachicola National Estuarine Research Reserve, 89406-89407 2023-28523 Environmental Assessments; Availability, etc.: Effects of Permitting Translocation of Sturgeon for Scientific Research and Enhancement under the Endangered Species Act, 89385 2023-28505 Fisheries of the Exclusive Economic Zone Off Alaska: North Pacific Observer Program Standard Ex-Vessel Prices, 89375-89383 2023-28567 Hearings, Meetings, Proceedings, etc.: New England Fishery Management Council, 89375 2023-28522 North Pacific Fishery Management Council, 89374-89375 2023-28520 Taking or Importing of Marine Mammals:

Parallel Thimble Shoal Tunnel Project, Virginia Beach, VA, 89385-89406 2023-28514 National Science National Science Foundation NOTICES Civil Monetary Penalty Inflation Adjustment, 89479 2023-28433 Hearings, Meetings, Proceedings, etc.: Astronomy and Astrophysics Advisory Committee, 89478-89479 2023-28467 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Public Wireless Supply Chain Innovation Fund Grant Program Forms, 89408 2023-28581 Hearings, Meetings, Proceedings, etc.: 2024 Spectrum Policy Symposium, 89409-89410 2023-28564 Request for Membership Application: Spectrum Management Advisory Committee, 89408-89409 2023-28558 Personnel Personnel Management Office PROPOSED RULES Time-Limited Promotions, 89321-89327 2023-28458 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Medical Examination of Person Electing Survivor Benefits, 89479-89480 2023-28459 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 89480 2023-28518 Postal Service Postal Service NOTICES International Product Change:

Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreement, 89480 2023-28450 Railroad Retirement Railroad Retirement Board NOTICES Civil Monetary Penalty Inflation Adjustment, 89480-89481 2023-28508 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: MEMX LLC, 89481-89484 2023-28453 Miami International Securities Exchange, LLC, 89484-89485 2023-28454 MIAX Emerald, LLC, 89485 2023-28452 National Securities Clearing Corp., 89485-89488 2023-28457 State Department State Department NOTICES Hearings, Meetings, Proceedings, etc.:

International Information and Communications Policy Division Stakeholder Briefing, 89488 2023-28447 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 89488 2023-28568 Tennessee Tennessee Valley Authority NOTICES Hearings, Meetings, Proceedings, etc.: Regional Resource Stewardship Council and the Regional Energy Resource Council, 89488-89489 2023-28534 Codex The U.S. Codex Office NOTICES Hearings, Meetings, Proceedings, etc.: Codex Committee on Food Hygiene, 89362-89363 2023-28533 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Employer's Quarterly Federal Tax Return, 89500-89501 2023-28448 Multiple Alcohol and Tobacco Tax and Trade Bureau Information Collection Requests, 89499-89500 2023-28524 Multiple Internal Revenue Service Information Collection Requests, 89496-89499 2023-28538 Veteran Affairs Veterans Affairs Department RULES Exceptions to Applying the Bilateral Factor in Disability Calculations, 89307-89309 2023-28241 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Approval of an Institution of Higher Learning Facility; Institution of Higher Learning—Program Submission List; Application for Approval of Organizations Other Than Institutions of Higher Learning; etc., 89502-89503 2023-28364 Hearings, Meetings, Proceedings, etc.: Veterans and Community Oversight and Engagement Board, 89501-89502 2023-28546 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 89506-89538 2023-28152 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. 88 247 Wednesday, December 27, 2023 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 [Docket No. USDA-2023-0016] Debt Management; Administrative Updates AGENCY: Office of the Secretary, USDA. ACTION:

Final rule. SUMMARY: This final rule amends the U.S. Department of Agriculture's debt management regulations by making two minor clarifying changes pertaining to entities or programs to which some or all of the regulations do not apply. DATES: Effective December 27, 2023. FOR FURTHER INFORMATION CONTACT: Mr. Elvis Tull, Branch Chief, Office of the Chief Financial Officer, USDA; 202-205-5369. SUPPLEMENTARY INFORMATION: I. Background The regulations in 7 CFR part 3, “Debt Management,” prescribe standards and procedures for use by U.S.

Department of Agriculture

(USDA)agencies in the collection, compromise, suspension, or termination of debts owed to the United States. This rule clarifies the scope of debt collection activity as it applies to public international organizations and the availability of administrative review under 7 CFR part 3 for certain debt collection activities involving the Commodity Credit Corporation (CCC). First, § 3.1, “Purpose and scope,” includes categories of debt collection actions to which 7 CFR part 3 does not apply. One of those categories, found in paragraph (c)(3), is the “[c]ollection of debts owed by foreign governments and, sovereign institutions of foreign governments.” This amendment clarifies that, in addition to debts owed by foreign governments and sovereign institutions of foreign governments, debts owed by public international organizations are outside the scope of USDA's debt collection regulations. A public international organization is an organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U.S.C. 288-288f). Examples include the Organization for Economic Cooperation and Development

(OECD)and the United Nations. This amendment aligns USDA's debt collection regulations with those of other U.S. Government agencies, such as the Department of State and the United States Agency for International Development, that work with public international organizations. Consistent with the treatment of public international organizations under U.S. law, these agencies group the collection of debts owed by public international organizations along with the collection of debts owed by foreign governments and sovereign institutions of foreign governments in the list of debt collection actions to which their debt management regulations do not apply. Therefore, USDA amends § 3.1(c)(3) to include public international organizations. Second, 7 CFR part 3, subpart F, establishes consolidated administrative review procedures for debts subject to administrative offset, administrative wage garnishment, and disclosure to credit reporting agencies under subparts D and E of part 3. However, there is a list in § 3.60(b) of certain debt collection proceedings initiated by USDA agencies that are subject to the separate administrative review procedures in 7 CFR part 11, National Appeals Division, rather than the procedures in 7 CFR part 3, subpart F. Among the debt collection proceedings listed in § 3.60(b) are those initiated by CCC. The statutory authority for the National Appeals Division only specifically requires coverage for the CCC “with respect to domestic programs” (7 U.S.C. 6991(2)(B)). This draws a statutory distinction between domestic CCC programs and CCC programs administered outside the United States by USDA's Foreign Agricultural Service. To clarify that non-domestic CCC programs are addressed under the administrative review procedures of 7 CFR part 3, subpart F, and not subject to the procedures provided in 7 CFR part 11, USDA amends 7 CFR 3.60(b) by adding the qualifier “(with respect to domestic programs)” to the mention of CCC-initiated debt collection proceedings. II. Notice and Comment Not Required This rule is ministerial in nature and makes only clarifying, technical adjustments to align USDA's debt management regulations. Accordingly, pursuant to the administrative procedure provisions in 5 U.S.C. 553, USDA finds, for good cause, that prior notice and other public procedure with respect to this action are not necessary and this rule may be made effective less than 30 days after publication in the **Federal Register** . Therefore, this rule will be effective upon publication in the **Federal Register** . III. Procedural Requirements Executive Orders 12866 and 14094 The Office of Management and Budget

(OMB)has determined that this regulatory action does not meet the criteria for significant regulatory action pursuant to Executive Order 12866, Regulatory Planning and Review, as amended by Executive Order 14094, Modernizing Regulatory Review. As noted, this rule is ministerial in nature and makes only clarifying, technical adjustments to align USDA's debt management regulations. Accordingly, there are no economic impacts associated with this action. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) are not applicable to this final rule because USDA was not required to publish notice of proposed rulemaking under 5 U.S.C. 553 or any other law. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB. List of Subjects in 7 CFR Part 3 Administrative practice and procedure, Claims, Government employees, Income taxes, Loan programs—agriculture, Penalties, Reporting and recordkeeping requirements, Wages. Accordingly, USDA amends 7 CFR part 3 as follows: PART 3—DEBT MANAGEMENT 1. The authority citation for part 3 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1506, 1981, 1981a, 1981d, and 2008h; 15 U.S.C. 714b; 31 U.S.C. 3701, 3711, 3716-18, and 3720B; and 31 CFR parts 285 and 901-904. 2. In § 3.1, revise paragraph (c)(3) to read as follows: § 3.1 Purpose and scope.

(c)* * *

(3)Collection of debts owed by foreign governments, sovereign institutions of foreign governments, or public international organizations. § 3.60 [Amended] 3. In § 3.60, in paragraph (b), add the words “(with respect to domestic programs)” after the acronym “CCC”. Ethel Butler, Fiscal Policy Division Director, Office of the Chief Financial Officer, U.S. Department of Agriculture. [FR Doc. 2023-28408 Filed 12-26-23; 8:45 am]

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