Unknown. Revision to policy statement

2,744 words·~12 min read·/register/2024/01/12/2023-28968·

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--- schema: federal-register doc_type: fedreg source_file: FR-2024-01-12.xml --- 89 9 Friday, January 12, 2024 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Effect of Dietary Digestible Carbohydrate Intake on Risk of Cardiovascular Disease, 2226-2228 2024-00505 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Order: Raisins Produced from Grapes Grown in California; Hearing, 2178-2182 2024-00492 NOTICES Environmental Impact Statements;

Availability, etc.: Local Meat Capacity Grant Program, Finding of No Significant Impact, 2198 2024-00520 Agriculture Agriculture Department See Agricultural Marketing Service Census Bureau Census Bureau NOTICES Draft Plan for Providing Public Access to the Results of Federally Funded Research, 2199-2200 2024-00538 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Delaware Advisory Committee, 2198-2199 2024-00580 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Hearings, Meetings, Proceedings, etc.:

Quarterly Public Meeting, 2214 2024-00563 Procurement List; Additions and Deletions, 2213-2214 2024-00545 Defense Department Defense Department RULES Civil Monetary Penalty Inflation Adjustment, 2144-2146 2024-00647 NOTICES Department of Navy Categorical Exclusion Pursuant to the National Environmental Policy Act, 2214-2216 2024-00564 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Family Educational Rights and Privacy Act Regulatory Requirements, 2218 2024-00565 Joint Consolidation Loan Separation Application, 2217-2218 2024-00486 Hearings, Meetings, Proceedings, etc.:

President's Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics, 2219-2220 2024-00548 Privacy Act; Matching Program, 2216-2217 2024-00584 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 2220 2024-00690 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Charter Amendments, Establishments, Renewals and Terminations: National Petroleum Council, 2220 2024-00537 Environmental Protection Environmental Protection Agency NOTICES Environmental Impact Statements;

Availability, etc., 2222 2024-00533 Pesticide Tolerances: Neonicotinoid Insecticides and Other Systemic Insecticides, 2222-2223 2024-00518 Policy Assessment: Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter, 2223 2024-00168 Farm Credit Farm Credit Administration RULES Civil Monetary Penalty Inflation Adjustment, 2116-2118 2024-00595 Federal Aviation Federal Aviation Administration RULES Airworthiness Criteria:

Wing Aviation LLC; Hummingbird Unmanned Aircraft, 2118-2125 2024-00549 Special Conditions: Lufthansa Tecknik AG, Airbus Models A319-133 and A321-200 Series Airplanes; Supercapacitor Systems and Installation, 2126-2127 2024-00484 NOTICES Environmental Assessments; Availability, etc.: Application for a Supersonic Flight Waiver for Boom Technology XB-1 Supersonic Test Flights, 2471-2472 2024-00575 Federal Communications Federal Communications Commission RULES Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 2151-2171 2024-00416 Civil Monetary Penalty Inflation Adjustment, 2148-2151 2024-00624 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2223-2225 2024-00495 2024-00581 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2220-2222 2024-00577 2024-00578 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Annual Adjustment of the Cap on Average Total Assets that Defines Community Financial Institutions, 2225-2226 2024-00491 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Safety Fitness Determinations, 2195-2197 2024-00522 Federal Reserve Federal Reserve System RULES Civil Monetary Penalty Inflation Adjustment, 2114-2116 2024-00650 Fish Fish and Wildlife Service NOTICES Privacy Act;

Systems of Records, 2230-2236 2024-00535 Foreign Assets Foreign Assets Control Office RULES Civil Monetary Penalty Inflation Adjustment, 2139-2144 2024-00594 General Services General Services Administration RULES Acquisition Regulation: Standardizing Federal Supply Schedule Clause and Provision Prescriptions, 2172-2174 2024-00519 Geological Geological Survey NOTICES Privacy Act; Systems of Records, 2236-2237 2024-00561 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: CAREWare Customer Satisfaction and Usage Survey, 2228-2229 2024-00534 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval by Operation of Law of Amendment to Class III Tribal-State Gaming Compact (Ewiiaapaayp Band of Kumeyaay Indians and State of California), 2237 2024-00543 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Import, End-User, Delivery Verification Certificates and Firearms Entry Clearance Requirements, 2200-2201 2024-00582 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Native American Library Services Basic Grant Program Notice of Funding Opportunity, 2256-2257 2024-00590 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office RULES Privacy Act Regulations: Exemption for Investigative Records, 2147-2148 2024-00588 NOTICES Privacy Act;

Systems of Records, 2237-2238 2024-00554 Internal Revenue Internal Revenue Service RULES Corporate Bond Yield Curve for Determining Present Value, 2127-2132 2024-00552 PROPOSED RULES Definition of Energy Property and Rules Applicable to the Energy Credit; Correction, 2182-2183 2024-00496 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;

Correction, 2201 2024-00570 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Furniture Products Finished with Decorative Wood Grain Paper and Components Thereof, 2252-2253 2024-00532 Justice Department Justice Department PROPOSED RULES Nondiscrimination on the Basis of Disability: Accessibility of Medical Diagnostic Equipment of State and Local Government Entities, 2183-2195 2024-00553 NOTICES Proposed Consent Decree:

Clean Air Act, 2254 2024-00555 Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: Clean Air Act, 2253-2254 2024-00487 Labor Department Labor Department See Workers Compensation Programs Office Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Draft Resource Management Plan Amendment, Rough Hat Clark Solar Project in Clark County, NV, 2239-2240 2024-00393 Privacy Act; Systems of Records, 2238-2239 2024-00551 Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel:

Mas Pura Vida (Motor), 2474-2475 2024-00539 Rayne Check (Motor), 2474 2024-00540 Sarabi (Sail), 2472-2473 2024-00541 Wanderlust (Motor), 2473 2024-00542 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Consolidated Glass and Mirror, LLC; Denial, 2475-2478 2024-00391 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Environmental Policy Act Financial Disclosure, 2201-2202 2024-00585 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: National Institute of Allergy and Infectious Diseases, 2229-2230 2024-00556 2024-00557 2024-00558 National Institute of Dental and Craniofacial Research, 2230 2024-00483 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 2176-2177 2024-00550 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vessel Monitoring System Requirements for the Pacific Islands Fisheries, 2212 2024-00579 Permits, Applications, Issuances, etc.: Marine Mammals, 2213 2024-00515 Taking or Importing of Marine Mammals: City of Oceanside's Harbor Fishing Pier and Non-Motorized Vessel Launch Improvement Project in Oceanside, CA, 2202-2212 2024-00485 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Park Service Leasing Program, 2240-2241 2024-00546 Inventory Completion: Amistad National Recreation Area, Del Rio, TX, 2247-2248 2024-00524 Cincinnati Museum Center, Cincinnati, OH, 2245-2247 2024-00529 Michigan State Historic Preservation Office, Lansing, MI, 2244 2024-00527 U.S. Department of the Interior, Bureau of Land Management, Alaska State Office, Anchorage, AK, 2243-2244 2024-00528 U.S. Department of the Interior, Navajo National Monument, Shonto, AZ, 2244-2245 2024-00523 University of Oregon Museum of Natural and Cultural History, Eugene, OR;

Amendment, 2248-2249 2024-00525 University of Rhode Island, South Kingstown, RI, 2241-2243 2024-00526 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Computer Science for All—Evaluation and Systematic Review of Grantee Documents, 2257-2258 2024-00593 Nuclear Regulatory Nuclear Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustment, 2112-2114 2023-28969 Enforcement Policy, 2111-2112 2023-28968 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Assessments;

Availability, etc.: Commercial Wind Lease Issuance and Site Assessment Activities on the Atlantic Outer Continental Shelf Offshore Delaware, Maryland, and Virginia, 2251-2252 2024-00513 Environmental Impact Statements; Availability, etc.: Expected Wind Energy Development in the New York Bight, 2249-2251 2024-00512 Pension Benefit Pension Benefit Guaranty Corporation RULES Civil Monetary Penalty Inflation Adjustment, 2132-2133 2024-00488 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 2258-2259 2024-00587 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2259-2262 2024-00514 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 2263-2278, 2338-2443 2024-00499 2024-00501 2024-00502 2024-00503 2024-00506 2024-00509 NYSE American LLC, 2262-2263, 2294-2297 2024-00497 2024-00500 NYSE Arca, Inc., 2297-2321, 2443-2468 2024-00498 2024-00510 The Nasdaq Stock Market LLC, 2278-2294, 2321-2338 2024-00504 2024-00507 2024-00508 Small Business Small Business Administration NOTICES Disaster Declaration:

Kansas; Public Assistance Only, 2469 2024-00569 Rhode Island, 2468-2469 2024-00568 Surrender of License of Small Business Investment Company: Multiplier Capital, LP, 2469 2024-00521 State Department State Department NOTICES Charter Amendments, Establishments, Renewals and Terminations: Advisory Committee on International Postal and Delivery Services, 2469 2024-00482 Surface Mining Surface Mining Reclamation and Enforcement Office RULES West Virginia Regulatory Program, 2133-2139 2024-00530 Surface Transportation Surface Transportation Board RULES Civil Monetary Penalty Inflation Adjustment, 2174-2176 2024-00592 NOTICES Exemption:

Continuance in Control; James K. Perry and W. Stinson Dean, Pioneer Rail and Transload of Hawthorne, FL and Pioneer Rail and Transload of El Reno, OK, 2470 2024-00574 Operation; Pioneer Rail and Transport of El Reno, OK, a Division of Pioneer Storage Co., LLC, Line in El Reno, OK, 2471 2024-00572 Operation; Pioneer Rail and Transport of Hawthorne, FL, a Division of Pioneer Storage Co. of Florida, LLC, Line in Hawthorne, FL, 2469-2470 2024-00571 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Transportation Statistics Bureau Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Extension of Credit to Political Candidates, 2478 2024-00566 Submission of Audit Reports, 2478-2479 2024-00567 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Authorization to Disclose Personal Information to a Third Party, 2480 2024-00494 Environmental Assessments;

Availability, etc.: State Veterans Homes Program, 2479-2480 2024-00576 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Medical Necessity, 2255-2256 2024-00489 Representative Payee Report, Representative Payee Report (Short Form), and Physician's/Medical Officer's Statement, 2254-2255 2024-00490 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. 89 9 Friday, January 12, 2024 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 [NRC-2023-0196] Revision of the NRC Enforcement Policy AGENCY: Nuclear Regulatory Commission. ACTION: Revision to policy statement. SUMMARY:

The U.S. Nuclear Regulatory Commission

(NRC)is publishing a revision to its Enforcement Policy. This revision addresses the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires Federal agencies to adjust their maximum civil monetary penalty amounts annually for inflation. DATES: This action is effective on January 12, 2024. ADDRESSES: Please refer to Docket ID NRC-2023-0196 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • *Federal Rulemaking Website:* Go to *https://www.regulations.gov* and search for Docket ID NRC-2023-0196. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: *Dawn.Forder@nrc.gov.* For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly available documents online in the ADAMS Public Documents collection at *https://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room

(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by email to *PDR.Resource@nrc.gov.* • *NRC's PDR:* The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to *PDR.Resource@nrc.gov* or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Susanne Woods, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-287-9446, email: *Susanne.Woods@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Discussion In 1990, Congress passed the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA) to provide for regular adjustments for inflation of civil monetary penalties (CMPs). As amended by the Debt Collection Improvement Act of 1996, the FCPIAA required that the head of each Federal agency review and, if necessary, adjust by regulation the CMPs assessed under statutes enforced by the agency at least once every 4 years. On November 2, 2015, the President of the United States signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Improvements Act), which further amended the FCPIAA and requires Federal agencies to adjust their CMPs annually for inflation no later than January 15 of each year. The requirements of the 2015 Improvements Act apply to the NRC's maximum CMP amounts for 1) a violation of the Atomic Energy Act

(AEA)of 1954, as amended, or any regulation or order issued under the AEA, codified in § 2.205(j) of title 10 of the *Code of Federal Regulations* (10 CFR), “Civil penalties”; and 2) a false claim or statement made under the Program Fraud Civil Remedies Act, codified in 10 CFR 13.3, “Basis for civil penalties and assessments.” Pursuant to the 2015 Improvements Act, the NRC published today in the Rules section of the **Federal Register** the revised maximum daily base CMP, based on the percentage change in the consumer price index between October 2021 and October 2022, and codified in 10 CFR 2.205(j). In connection with this final rule, the NRC is publishing a corresponding update to the NRC's Enforcement Policy to adjust the monetary amounts listed in Section 8.0, “Table of Base Civil Penalties.” This monetary adjustment does not include the base civil penalty amounts listed in item f. because those values are based on the estimated or actual costs of authorized disposal and are not calculated based on the maximum daily base CMP codified in 10 CFR 2.205(j). Adjustments to item f. base civil penalty amounts are being examined under a separate effort. Accordingly, the NRC has revised its Enforcement Policy to read as follows: 8.0 Table of Base Civil Penalties [Table A] a. Power reactors, gaseous diffusion uranium enrichment plants, and high-level waste repository $360,000 b. Fuel fabricators authorized to possess Category I or II quantities of SNM and uranium conversion facilities 180,000 c. All other fuel fabricators, including facilities under construction, authorized to possess Category III quantities of SNM, industrial processors, independent spent fuel and monitored retrievable storage installations, mills, gas centrifuge and laser uranium enrichment facilities 90,000 d. Test reactors, contractors, waste disposal licensees, industrial radiographers, and other large material users 36,000 e. Research reactors, academic, medical, or other small material users 18,000 f. Loss, abandonment, or improper transfer or disposal of regulated material, regardless of the use or type of licensee: 1. Sources or devices with a total activity greater than 3.7 × 104 MBq (1 Curie), excluding hydrogen-3 (tritium) 54,000 2. Other sources or devices containing the materials and quantities listed in 10 CFR 31.5(c)(13)(i) 17,000 3. Sources and devices not otherwise described above 7,000 g. Individuals who release safeguards information 9,000 II. Paperwork Reduction Act Statement This policy statement does not contain any new or amended collection of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Existing collections of information were approved by the Office of Management and Budget (OMB), approval numbers 3150-0010 and 3150-0136. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. III. Congressional Review Act This action is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has determined that it is not a “major rule” as defined by the Congressional Review Act. Dated: December 20, 2023. For the Nuclear Regulatory Commission. Daniel H. Dorman, Executive Director for Operations. [FR Doc. 2023-28968 Filed 1-11-24; 8:45 am]

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