Unknown. Final rule

2,770 words·~13 min read·/register/2024/02/16/2024-03177·

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--- schema: federal-register doc_type: fedreg source_file: FR-2024-02-16.xml --- 89 33 Friday, February 16, 2024 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12302-12303 2024-03281 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of State Administrative Records Data, 12305-12306 2024-03207 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12345-12350 2024-03239 2024-03240 2024-03241 2024-03242 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12350-12351 2024-03294 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic for Engagement Efforts, 12352-12353 2024-03228 Healthy Marriage and Responsible Fatherhood Performance Measures, 12351-12352 2024-03282 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.:

Indiana Advisory Committee, 12304 2024-03206 Meetings; Sunshine Act, 12303-12304 2024-03394 Coast Guard Coast Guard RULES Safety Zone: Pacific Ocean, Bodega Bay, CA, 12241-12243 2024-03369 Security Zone: Potomac River and Anacostia River, and Adjacent Waters; Washington, DC, 12241 2024-03298 Special Local Regulation: Sector Ohio Valley Annual and Recurring Special Local Regulations, 12236-12240 2024-03235 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 12320-12322 2024-03275 2024-03276 Commodity Futures Commodity Futures Trading Commission NOTICES Hearings, Meetings, Proceedings, etc.: Global Markets Advisory Committee, 12322-12323 2024-03266 Defense Department Defense Department NOTICES Hearings, Meetings, Proceedings, etc.: Defense Advisory Committee on Women in the Services, 12323 2024-03291 Education Department Education Department RULES Availability of Information to the Public; Correction, 12243-12244 2024-03267 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Personal Authentication Service for Federal Student Aid ID, 12323-12324 2024-03259 PLUS Adverse Credit Reconsideration Loan Counseling, 12329-12330 2024-03230 Safer Schools and Campuses Best Practices Clearinghouse, 12324-12325 2024-03274 Applications for New Awards: Training Program for Federal TRIO Programs, 12325-12329 2024-03277 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Hearings, Meetings, Proceedings, etc.:

Environmental Management Site-Specific Advisory Board, Northern New Mexico, 12330-12331 2024-03273 National Definition for a Zero Emissions Building: Part 1 Operating Emissions Version 1.00m Draft Criteria, 12330 2024-03285 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Control of Emissions from Existing Municipal Solid Waste Landfills, 12244-12246 2024-03299 National Priorities List:

Deletion, 12246-12248 2024-03003 Toxic Substances Control Act Requirements: Polymer Exemption Reports and Accompanying Claims; Extension of the Reporting Deadline for 2024, 12248-12250 2024-03064 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Interstate Transport of Air Pollution for the 2015 8-hour Ozone National Ambient Air Quality Standards and Supplemental Federal Good Neighbor Plano Requirements for the 2015 8-hour Ozone National Ambient Air Quality Standards, 12666-12741 2024-01064 Iowa;

State Implementation Plan and State Operating Permits Program, 12291-12293 2024-03295 National Priorities List: Deletion, 12293-12296 2024-03004 NOTICES Environmental Impact Statements; Availability, etc.:, 12335 2024-03248 Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: CERCLA Cost Recovery for the Frankfort Asbestos Superfund Site, Frankfort, Herkimer County, NY, 12335 2024-03309 Equal Equal Employment Opportunity Commission RULES Civil Monetary Penalty Inflation Adjustment, 12231-12232 2024-03177 Congressional Disapproval of Update of Commission's Conciliation Procedures, 12232-12233 2024-03176 Export Import Export-Import Bank NOTICES Intent to Conduct a Detailed Economic Impact Analysis, 12335-12336 2024-03249 Federal Aviation Federal Aviation Administration RULES Airplane Fuel Efficiency Certification, 12634-12663 2024-02330 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12336 2024-03216 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12336-12338 2024-03283 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 12360-12368 2024-03262 2024-03263 2024-03264 2024-03265 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Northbrook Carolina Hydro II, LLC, 12332-12333 2024-03316 Combined Filings, 12331-12332, 12334-12335 2024-03318 2024-03319 Request under Blanket Authorization:

ANR Pipeline Co., 12333-12334 2024-03317 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action: Proposed Highway in California, 12409 2024-03229 Federal Labor Federal Labor Relations Authority PROPOSED RULES Procedures of the Panel: Miscellaneous Requirements, 12287-12289 2024-03210 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers, 12416-12418 2024-03258 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 12409-12411 2024-03257 Impact of Driver Detention Time on Safety and Operations, 12413-12416 2024-03256 Request for Information:

Drivers' Leasing Agreements for Commercial Motor Vehicles, 12411-12413 2024-03205 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12339-12345 2024-03214 2024-03215 2024-03217 2024-03218 2024-03220 2024-03221 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 12339, 12341-12342 2024-03213 2024-03289 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Anti-Money Laundering Regulations for Residential Real Estate Transfers, 12424-12470 2024-02565 Fish Fish and Wildlife Service NOTICES Permits;

Applications, Issuances, etc.: Endangered and Threatened Species, 12374 2024-03280 Food and Drug Food and Drug Administration NOTICES Guidance: Master Protocols for Drug and Biological Product Development, 12353-12354 2024-03296 Product-Specific Guidances, 12354-12356 2024-03300 Requests for Nominations: Genetic Metabolic Diseases Advisory Committee, 12357 2024-03302 Foreign Assets Foreign Assets Control Office RULES North Korea Sanctions Regulations, 12233-12236 2024-03255 General Services General Services Administration RULES Federal Travel Regulation:

Diversity, Equity, Inclusion, and Accessibility Language, 12250-12257 2024-02852 PROPOSED RULES Federal Management Regulation: Transportation Payment and Audit Regulations, 12296-12301 2024-02791 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Confidentiality of Substance Use Disorder Patient Records, 12472-12631 2024-02544 Health Resources Health Resources and Services Administration NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee on Training in Primary Care Medicine and Dentistry, 12357 2024-03261 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mortgage Record Change, 12373-12374 2024-03315 Rehabilitation Mortgage Insurance Program, 12372-12373 2024-03314 Privacy Act;

Systems of Records, 12368-12372 2024-03313 2024-03320 2024-03321 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Offsets in Military Exports, 12306 2024-03303 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Glass Wine Bottles from Chile, China, and Mexico, 12380-12381 2024-03227 Large Power Transformers from South Korea, 12379-12380 2024-03246 Justice Department Justice Department NOTICES Proposed Consent Decree:

Clean Air Act, 12381-12382 2024-03293 Land Land Management Bureau NOTICES Hearings, Meetings, Proceedings, etc.: Bears Ears National Monument Advisory Committee, Utah, 12376-12377 2024-03286 Sierra Front-Northern Great Basin Resource Advisory Council, 12375-12376 2024-03143 Plats of Survey: Alaska, 12374-12375 2024-03326 Maritime Maritime Administration NOTICES Hearings, Meetings, Proceedings, etc.: U.S. Merchant Marine Academy Advisory Council, 12418 2024-03287 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

National Institute of Diabetes and Digestive and Kidney Diseases, 12357-12358 2024-03208 2024-03211 National Institute on Drug Abuse, 12358 2024-03327 National Library of Medicine, 12357 2024-03212 National Oceanic National Oceanic and Atmospheric Administration RULES List of Fisheries for 2024, 12257-12282 2024-03013 Prohibition of Commercial Fishing in the Northeast Canyons and Seamounts Marine National Monument, 12282-12286 2024-03247 NOTICES Hearings, Meetings, Proceedings, etc.:

Mid-Atlantic Fishery Management Council, New England Fishery Management Council, 12318-12319 2024-03306 Pacific Fishery Management Council, 12319-12320 2024-03304 Taking or Importing of Marine Mammals: Lutak Dock Replacement Project, Haines, AK, 12306-12318 2024-03251 National Park National Park Service NOTICES Amache National Historic Site, 12379 2024-03250 National Register of Historic Places: Pending Nominations and Related Actions, 12377-12379 2024-03244 2024-03245 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Material Control and Accounting of Special Nuclear Material, 12382-12383 2024-03237 Guidance: Material Compatibility for non-Light Water Reactors; Correction, 12383-12384 2024-03203 Hearings, Meetings, Proceedings, etc.: Advisory Committee on Reactor Safeguards, 12382 2024-03236 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 12289-12291 2024-03270 NOTICES New Postal Products, 12384 2024-03308 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12385-12386 2024-03271 2024-03272 Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange LLC, 12402-12406 2024-03225 NYSE American LLC, 12386-12390 2024-03224 NYSE Arca, Inc., 12390-12394 2024-03226 NYSE Chicago, Inc., 12398-12402 2024-03223 NYSE National, Inc., 12394-12398 2024-03222 Small Business Small Business Administration NOTICES Disaster Declaration: Michigan, 12407 2024-03307 State Department State Department NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee on Private International Law, 12407 2024-03238 Surface Transportation Surface Transportation Board NOTICES Exemption: Operation; Union Pacific Railroad Co., Tooele County, UT, 12407-12409 2024-03305 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration NOTICES Guidance for the Acceptance and Use of Geomatic Information Obtained from a Non-Federal Entity, 12418-12419 2024-02794 Hearings, Meetings, Proceedings, etc.:

Advisory Committee on Transportation Equity, 12419 2024-03310 Treasury Treasury Department See Financial Crimes Enforcement Network See Foreign Assets Control Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12420 2024-03323 List of Countries Requiring Cooperation with an International Boycott, 12420 2024-03269 Customs U.S. Customs and Border Protection NOTICES Hearings, Meetings, Proceedings, etc.: Commercial Customs Operations Advisory Committee, 12358-12359 2024-03260 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Education Benefit Entitlement Restoration Request Due to School Closure, Program Suspension or Withdrawal, 12420-12421 2024-03233 Separate Parts In This Issue Part II Treasury Department, Financial Crimes Enforcement Network, 12424-12470 2024-02565 Part III Health and Human Services Department, 12472-12631 2024-02544 Part IV Transportation Department, Federal Aviation Administration, 12634-12663 2024-02330 Part V Environmental Protection Agency, 12666-12741 2024-01064 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 33 Friday, February 16, 2024 Rules and Regulations EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1601 RIN 3046-AB26 2024 Adjustment of the Penalty for Violation of Notice Posting Requirements AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule. SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Genetic Information Non-Discrimination Act, and the Pregnant Workers Fairness Act. DATES: This final rule is effective February 16, 2024. FOR FURTHER INFORMATION CONTACT:

Kathleen Oram, Assistant Legal Counsel,

(202)921-2665 or *kathleen.oram@eeoc.gov,* Office of Legal Counsel, Equal Employment Opportunity Commission, 131 M St. NE, Washington, DC 20507. Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at

(202)921-3191 (voice) or 1-800-669-6820 (TTY), or 1-844-234-5122 (ASL video phone). SUPPLEMENTARY INFORMATION: I. Background Under section 711 of the Civil Rights Act of 1964 (Title VII), which is adopted by reference in section 105 of the Americans with Disabilities Act (ADA), section 207(a)(1) of the Genetic Information Non-Discrimination Act (GINA), and section 104(a)(1) of the Pregnant Workers Fairness Act (PWFA), and implemented by the Equal Employment Opportunity Commission

(EEOC)in 29 CFR 1601.30(a), every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program covered by Title VII, ADA, GINA, or PWFA, must post notices describing the pertinent provisions of these laws. Covered entities must post such notices in prominent and accessible places where they customarily maintain notices to employees, applicants, and members. 29 CFR 1601.30(a). Failure to comply with this posting requirement is subject to a monetary penalty. 29 CFR 1601.30(b). Section 5(b) of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), 1 which amended the Federal Civil Penalties Inflation Adjustment Act of 1990, requires the EEOC to annually adjust the amount of the penalty for non-compliance. Under the 2015 Act, the EEOC has no discretion over whether or how to calculate this inflationary adjustment. In accordance with section 6 of the 2015 Act, the EEOC will apply the adjusted penalty only to those assessed after the effective date of the adjustment. 1 Public Law 114-74, Sec. 701(b), 129 Stat. 599. II. Calculation The adjustment set forth in this final rule follows guidance under the 2015 Act from the Office of Management and Budget

(OMB)2 and is calculated by comparing the Consumer Price Index for all Urban Consumers (CPI-U) for October 2022 with the CPI-U for October 2023, resulting in an inflation adjustment factor of 1.03241. The inflation adjustment factor (1.03241) was multiplied by the most recent civil penalty amount ($659) to calculate the inflation-adjusted penalty level ($680.35819), which is then rounded to the nearest dollar ($680). Accordingly, the Commission is now adjusting the maximum penalty per violation specified in 29 CFR 1601.30(b) from $659 to $680. 2 Memorandum from Shalanda D. Young, Director, Office of Management and Budget, to Heads of Executive Departments and Agencies, M-24-07, Dec. 19, 2023, M-24-07 at 1 (“[b]ased on the Consumer Price Index (CPI-U) for the month of October 2023, not seasonally adjusted, the cost-of-living adjustment multiplier for 2024 is 1.03241”). III. Regulatory Procedures Administrative Procedure Act The Administrative Procedure Act

(APA)provides an exception to the notice and comment procedures where an agency finds good cause for dispensing with such procedures, on the basis that they are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B). The Commission finds that this rule meets the exception because the 2015 Act requires an inflationary adjustment to the civil monetary penalty, it prescribes the formula for calculating the adjustment to the penalty, and it provides the Commission with no discretion in determining the amount of the published adjustment. Accordingly, the Commission is issuing this revised regulation as a final rule without notice and comment. Executive Order 12866 This rule is not a significant regulatory action as that term is defined in Executive Order 12866. The inflationary adjustment's cumulative impact on the violations found each year falls well below the $200 million threshold for significant regulatory action under E.O. 12866, as revised by E.O. 14094, and it otherwise fails to meet the definition of a significant regulatory action. Paperwork Reduction Act This final rule contains no new information collection requirements, and therefore, will create no new paperwork burdens or modifications to existing burdens that are subject to review by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612) only requires a regulatory flexibility analysis when the APA requires notice and comment procedures, or the agency otherwise issues such a notice. As stated above, notice and comment is neither required nor being used for this rule. Accordingly, the Regulatory Flexibility Act does not apply. Unfunded Mandates Reform Act of 1995 This final rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501-1571). Congressional Review Act This regulation is a rule subject to the Congressional Review Act

(CRA)(5 U.S.C. 801-808), but is not a “major” rule that cannot take effect until 60 days after it is published in the **Federal Register** . Therefore, the EEOC will submit this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to the effective date of the rule. List of Subjects in 29 CFR Part 1601 Administrative practice and procedure. For the Commission. Charlotte A. Burrows, Chair, Equal Employment Opportunity Commission. Accordingly, the Equal Employment Opportunity Commission amends 29 CFR part 1601 as follows: PART 1601—PROCEDURAL REGULATIONS 1. The authority citation for part 1601 continues to read as follows: Authority: 42 U.S.C. 2000e to 2000e-17; 42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to 2000ff-11; 28 U.S.C. 2461 note, as amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373. 2. Section 1601.30 is amended by revising paragraph

(b)to read as follows: § 1601.30 Notices to be posted.

(b)Section 711(b) of Title VII and the Federal Civil Penalties Inflation Adjustment Act, as amended, make failure to comply with this section punishable by a fine of not more than $680 for each separate offense. [FR Doc. 2024-03177 Filed 2-15-24; 8:45 am]

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