Unknown. Final rule

2,825 words·~13 min read·/register/2024/02/14/2024-03015

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--- schema: federal-register doc_type: fedreg source_file: FR-2024-02-14.xml --- 89 31 Wednesday, February 14, 2024 Contents Agriculture Agriculture Department See Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11247-11248 2024-03037 2024-03043 Army Army Department NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Committee on Arlington National Cemetery, 11256-11257 2024-03066 Board of Visitors for the Western Hemisphere Institute for Security Cooperation, 11257 2024-03041 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Risk Determination Hearings for Unaccompanied Children, 11283-11284 2024-03018 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration RULES Older Americans Act: Grants to State and Community Programs on Aging; Grants to Indian Tribes and Native Hawaiian Grantees for Supportive, Nutrition, and Caregiver Services; etc., 11566-11699 2024-01913 NOTICES Program Application Instructions:

Adult Protective Services Funding, 11284-11286 2024-03010 Comptroller Comptroller of the Currency NOTICES Hearings, Meetings, Proceedings, etc.: Mutual Savings Association Advisory Committee, 11339 2024-03009 Corporation Corporation for National and Community Service PROPOSED RULES AmeriCorps Seniors Regulation Updates, 11233-11239 2024-02772 Defense Department Defense Department See Army Department RULES Identification Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals, 11172-11198 2024-02621 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Evaluation of the Toolkit to Support Evidence-Based Algebra Instruction in Middle and High School, 11266-11267 2024-03067 Applications for New Awards: Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities-Model Demonstration Projects to Develop Equitable Family Engagement with Underserved Families of Children with Disabilities, 11257-11266 2024-02973 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Experience Rating Report, 11315-11316 2024-03077 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products, 11434-11547 2024-02008 PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products, 11548-11563 2024-02007 NOTICES Application: Presidential Permit; Basin Electric Power Cooperative, 11267-11268 2024-03017 Environmental Protection Environmental Protection Agency RULES New Source Performance Standards Review for Steel Plants:

Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels; Correction, 11198-11208 2024-02634 NOTICES Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2022, 11275 2024-01658 Protocol for the Uranium Integrated Risk Information System Assessment (Oral), 11275-11276 2024-03038 Waste Reduction Model Version 16, 11273-11275 2024-02974 Equal Equal Employment Opportunity Commission RULES Amendment of Procedural and Administrative Regulations to Include the Pregnant Workers Fairness Act, 11167-11172 2024-02764 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Bombardier, Inc. Airplanes, 11164-11167 2024-02998 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 11228-11231 2024-02948 The Boeing Company Airplanes, 11231-11233 2024-02993 Federal Communications Federal Communications Commission PROPOSED RULES Wireline Competition Bureau Seeks Comment on Leveraging the Broadband Serviceable Location Fabric for High-Cost Support Mechanism Deployment Obligations, 11239-11246 2024-02971 Federal Crop Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11248 2024-02991 Federal Election Federal Election Commission PROPOSED RULES Party Segregated Accounts, 11227-11228 2024-03045 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Property Acquisition and Relocation for Open Space, 11310-11311 2024-03059 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 11271-11273 2024-03051 2024-03057 Complaint:

Cantium, LLC v. Rosefield Fourchon Operating, LLC, 11269-11270 2024-03054 Wawa, Inc. v. Colonial Pipeline Co., 11269 2024-03055 Environmental Impact Statements; Availability, etc.: FFP Project 101, LLC; Goldendale Energy Storage Project, 11268 2024-03052 Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: Erie Boulevard Hydropower, L.P., 11268-11269 2024-03053 Request under Blanket Authorization: Algonquin Gas Transmission, LLC, 11270-11271 2024-03056 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 11276 2024-03023 Federal Transit Federal Transit Administration NOTICES Award Management Requirements Circular Proposed Updates, 11334-11338 2024-03044 Food and Drug Food and Drug Administration NOTICES Final Debarment Order: Kalpen D. Patel, 11296-11298 2024-03036 Ross Lucien, 11298-11299 2024-03020 Patent Extension Regulatory Review Period: Ervebo, 11288-11289 2024-03030 Organ Care System Heart, 11301-11302 2024-03028 Organ Care System Liver, 11303-11304 2024-03034 Portico Transcatheter Aortic Valve Implant, 11293-11294 2024-03029 Qulipta, 11306-11307 2024-03019 Reactiv8 System, 11289-11291 2024-03026 Simplify Cervical Artificial Disc, 11286-11288 2024-03024 Skytrofa, 11304-11306 2024-03031 Tack Endovascular System (4F, 1.5-4.5 Millimeters), 11291-11292 2024-03032 Vivistim System, 11294-11296 2024-03025 Winlevi, 11299-11300 2024-03022 Training Program for Regulatory Project Managers, 11302-11303 2024-03039 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Funding Accountability and Transparency Act Subaward and Executive Compensation Reporting Requirements, 11280-11281 2024-03049 Privacy Act; Systems of Records, 11277-11283 2024-03000 2024-03002 2024-03007 Health and Human Health and Human Services Department See Children and Families Administration See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming:

Approval of Tribal-State Class III Gaming Compact Amendment between the Confederated Tribes of the Chehalis Reservation and the State of Washington, 11312 2024-03014 Approval of Tribal-State Class III Gaming Compact Amendment between the Kalispel Indian Community of the Kalispel Reservation and the State of Washington, 11311 2024-03012 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Preparer Hardship Waiver Request and Preparer Explanation for Not Filing Electronically, 11339-11340 2024-03033 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 11249-11251 2024-03072 Certain Metal Lockers and Parts Thereof from the People's Republic of China, 11251-11253 2024-03074 Sales at Less Than Fair Value;

Determinations, Investigations, etc.: Aluminum Lithographic Printing Plates from the People's Republic of China and Japan, 11248-11249 2024-03071 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Capacitive Discharge Ignition Systems, Components Thereof, and Products Containing the Same, 11314-11315 2024-02992 Cold-Drawn Mechanical Tubing from China, Germany, India, Italy, South Korea, and Switzerland, 11315 2024-03061 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Wage and Hour Division See Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Procedures for Handling of Retaliation Complaints, 11316-11317 2024-02996 Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements, 11317 2024-02999 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11317-11319 2024-03078 Land Land Management Bureau NOTICES Requests for Nominations: National Wild Horse and Burro Advisory Board, 11312-11313 2024-02979 Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 11163-11164 2024-03015 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NASA/KSC Business Opportunities Expo, 11321-11322 2024-03040 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Intramural Training and Education--Application, Registration, and Alumni, 11309-11310 2024-03035 Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 11307-11308 2024-02987 National Institute of Allergy and Infectious Diseases, 11308-11309 2024-02986 2024-02989 National Institute of Diabetes and Digestive and Kidney Diseases, 11310 2024-02988 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Species:

Listing the Queen Conch as Threatened under the Endangered Species Act, 11208-11226 2024-02966 Taking or Importing of Marine Mammals: Empire Wind Project, Offshore New York, 11342-11431 2024-01363 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Greater Atlantic Region Dealer Purchase Reports, 11253 2024-03005 Greater Atlantic Region Vessel Identification Requirements, 11255 2024-03001 Hearings, Meetings, Proceedings, etc.: Ocean Exploration Advisory Board, 11255-11256 2024-03006 South Atlantic Fishery Management Council, 11254-11255 2024-03070 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Assessments;

Availability, etc.: Commercial Wind Leasing and Site Assessment Activities on the U.S. Outer Continental Shelf Offshore Oregon, 11313-11314 2024-02985 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 11322 2024-03011 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11322-11323 2024-02977 Self-Regulatory Organizations; Proposed Rule Changes: MEMX LLC, 11326-11331 2024-02980 NYSE Chicago, Inc., 11323-11326 2024-02978 Small Business Small Business Administration NOTICES Disaster Declaration:

Oregon, 11331 2024-03016 Military Reservist Economic Injury Disaster Loans: Interest Rate for Second Quarter Fiscal Year 2024, 11331 2024-02981 Social Social Security Administration NOTICES Privacy Act; Matching Program, 11331-11332 2024-03021 State Department State Department NOTICES Hearings, Meetings, Proceedings, etc.: United States-Bahrain Subcommittee on Environmental Affairs and Joint Forum on Environmental Cooperation, 11332-11333 2024-03027 Susquehanna Susquehanna River Basin Commission NOTICES Grandfathering Registration, 11333 2024-02982 Permits;

Applications, Issuances, etc., 11333 2024-02984 Trade Representative Trade Representative, Office of United States NOTICES Post-Hearing Comments: Operation of the United States-Mexico-Canada Agreement with Respect to Trade in Automotive Goods, 11334 2024-03050 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration NOTICES Permits; Applications, Issuances, etc.: Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. for Approval of and Antitrust Immunity for Alliance Agreements, 11338-11339 2024-02976 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee on the Readjustment of Veterans, 11340 2024-03046 Wage Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration, 11319-11320 2024-03076 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claim for Consequential Illness Benefits under the Energy Employees Occupational Illness Compensation Program Act, 11320-11321 2024-02995 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 11342-11431 2024-01363 Part III Energy Department, 11434-11563 2024-02008 2024-02007 Part IV Health and Human Services Department, Community Living Administration, 11566-11699 2024-01913 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 31 Wednesday, February 14, 2024 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Civil Monetary Penalty Inflation Adjustment AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: This final rule adjusts the level of civil monetary penalties

(CMPs)in regulations maintained and enforced by the Merit Systems Protection Board

(MSPB)with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget

(OMB)guidance. DATES: This final rule is effective on February 14, 2024. FOR FURTHER INFORMATION CONTACT: Gina K. Grippando, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; phone:

(202)653-7200; fax:

(202)653-7130; or email: *mspb@mspb.gov.* SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Act), Public Law 101-410, provided for the regular evaluation of CMPs by Federal agencies. Periodic inflationary adjustments of CMPs ensure that the consequences of statutory violations adequately reflect the gravity of such offenses and that CMPs are properly accounted for and collected by the Federal Government. In April 1996, the 1990 Act was amended by the Debt Collection Improvement Act of 1996 (the 1996 Act), Public Law 104-134, requiring Federal agencies to adjust their CMPs at least once every four years. However, because inflationary adjustments to CMPs were statutorily capped at ten percent of the maximum penalty amount, but only required to be calculated every four years, CMPs in many cases did not correspond with the true measure of inflation over the preceding four-year period, leading to a decline in the real value of the penalty. To remedy this decline, the 2015 Act (section 701 of Pub. L. 114-74) requires agencies to adjust CMP amounts with annual inflationary adjustments through a rulemaking using a methodology mandated by the legislation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. A civil monetary penalty is “any penalty, fine, or other sanction” that:

(1)“is for a specific amount” or “has a maximum amount” under Federal law; and

(2)a Federal agency assesses or enforces “pursuant to an administrative proceeding or a civil action in the Federal courts.” 28 U.S.C. 2461 note. The MSPB is authorized to assess CMPs pursuant to 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 in disciplinary actions brought by the Special Counsel. The corresponding MSPB regulation for both CMPs is 5 CFR 1201.126(a). As required by the 2015 Act, and pursuant to guidance issued by OMB, MSPB is now making an annual adjustment for 2024, according to the prescribed formulas. II. Calculation of Adjustment The CMP listed in 5 U.S.C. 1215(a)(3) was established in 1978 with the enactment of the Civil Service Reform Act of 1978 (CSRA), Public Law 95-454, section 202(a), 92 Stat. 1121-30 (Oct. 13, 1978), and originally codified at 5 U.S.C. 1207(b). That CMP was last amended by section 106 of the Whistleblower Protection Enhancement Act of 2012, Public Law 112-199, 12 Stat. 1468 (Nov. 27, 2012), now codified at 5 U.S.C. 1215(a)(3), which provided for a CMP “not to exceed $1,000.” The CMP authorized in 5 U.S.C. 7326 was established in 2012 by section 4 of the Hatch Act Modernization Act of 2012 (Hatch Act), Public Law 112-230, 126 Stat. 1617 (Dec. 28, 2012), which provided for a CMP “not to exceed $1,000.” On January 24, 2023, MSPB issued a final rule which increased the maximum CMP allowed under both 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 to $1,288 for the year 2023. *See* 88 FR 4079 (Jan. 24, 2023). This increase reflected the annual increase for the year 2023 mandated by the 2015 Act. On December 19, 2023, OMB issued guidance on calculating the annual inflationary adjustment for 2024. *See* Memorandum from Shalanda D. Young, Director, OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-24-07 (Dec. 19, 2023). Therein, OMB notified agencies that the annual adjustment multiplier for 2024, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.03241 and that the 2024 annual adjustment amount is obtained by multiplying the 2023 penalty amount by the 2024 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,288 × 1.03241 = $1,330.00. III. Effective Date of Penalties The revised CMP amounts will go into effect on February 14, 2024. All violations for which CMPs are assessed after the effective date of this rule will be assessed at the adjusted penalty level regardless of whether the violation occurred before the effective date. 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 procedures are being waived because Congress has specifically exempted agencies from these requirements when implementing the 2015 Act. The 2015 Act explicitly requires the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553, the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment. It is also in the public interest that the adjusted rates for CMPs under the CSRA and the Hatch Act become effective as soon as possible to maintain their effective deterrent effect. B. Regulatory Impact Analysis: Executive Order 12866 The 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, the 2015 Act does not require agencies to first publish a proposed rule when adjusting CMPs within their jurisdiction. 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, Civil rights, Government employees. For the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES 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. § 1201.126 [Amended] 2. Section 1201.126 is amended in paragraph

(a)by removing “$1,288” and adding in its place “$1,330.” Jennifer Everling, Deputy Clerk of the Board. [FR Doc. 2024-03015 Filed 2-13-24; 8:45 am]

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