Unknown. Final rule; technical amendment

2,874 words·~13 min read·/register/2024/04/04/2024-07034·

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-2024-04-04.xml --- 89 66 Thursday, April 4, 2024 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service RULES Domestic Quarantine: Quarantined Areas and Regulated Articles; Technical Amendment, 23500-23501 2024-07038 NOTICES Imports:

Rosemary and Tarragon from Ethiopia, Pest Risk Analyses, 23537 2024-07104 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Fiscal Year 2025 Hospice Wage Index and Payment Rate, Hospice Conditions of Participation, and Hospice Quality Reporting Program Requirements, 23778-23838 2024-06921 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23598-23599 2024-07162 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.:

Tennessee Advisory Committee, 23560 2024-07158 Coast Guard Coast Guard RULES Safety Zone: Kokosing ROV Survey Operation, Straits of Mackinac, MI, 23512-23514 2024-07079 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23602-23604 2024-07125 2024-07126 Hearings, Meetings, Proceedings, etc.: National Maritime Security Advisory Committee, 23601-23602 2024-07097 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances;

Application, Registration, etc.: Benuvia Operations, LLC, 23612 2024-07111 Lonza Tampa, LLC, 23612 2024-07108 Patheon Pharmaceuticals Inc., 23611-23612 2024-07109 Sterling Wisconsin, LLC, 23611 2024-07110 Education Department Education Department RULES Augustus F. Hawkins Centers of Excellence Program, 23514-23518 2024-07131 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Build America, Buy America Act Data Collection, 23592-23593 2024-07166 Evaluation of Transition Supports for Youth with Disabilities, 23573 C1-2024-06753 Reaffirmation Agreement, 23565 2024-07151 Applications for New Awards:

Augustus F. Hawkins Centers of Excellence Program, 23565-23573 2024-07132 Teacher Quality Partnership Grant Program, 23573-23592 2024-07183 Employee Benefits Employee Benefits Security Administration NOTICES Exemption: Certain Prohibited Transaction Restrictions; Northern Trust Corp. (Together with its Current and Future Affiliates, Northern Trust or the Applicant); Technical Correction, 23612-23614 2024-07128 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona; Maricopa County Air Quality Department, 23521-23523 2024-06879 Partial Denial of Petitions for Reconsideration: Federal Good Neighbor Plan for the 2015 Ozone National Ambient Air Quality Standards, 23526-23527 2024-06912 Pennsylvania; Allegheny County Open Burning Revision and Addition of Mon Valley Air Pollution Episode Requirements, 23523-23526 2024-06940 National Emission Standards for Hazardous Air Pollutants: Ethylene Production, Miscellaneous Organic Chemical Manufacturing, Organic Liquids Distribution (Non-Gasoline), and Petroleum Refineries Reconsideration, 23840-23873 2024-05906 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

San Juan Luis Munoz Marin International Airport, PR, 23510-23512 2024-07086 Special Conditions: Airbus Model A321neo XLR Airplane; Electronic Flight-Control System: Lateral-Directional and Longitudinal Stability, and Low-Energy Awareness, 23507-23510 2024-07139 Jet Aviation AG, The Boeing Co. Model 737-8 Series Airplane; Dynamic Test Requirements for Single Occupant Oblique Seats With or Without Airbags and/or 3-Point Restraints, 23504-23507 2024-06894 PROPOSED RULES Airspace Designations and Reporting Points:

Eastern United States, 23532-23534 2024-07085 Airworthiness Directives: Embraer S.A. (Type Certificate Previously Held by Yabora Industria Aeronautica S.A.; Embraer S.A.) Airplanes, 23529-23532 2024-07033 Federal Communications Federal Communications Commission RULES Facilitating Shared Use in the 3100-3550 MHz Band; Correction, 23527-23528 2024-07170 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 23593-23596 2024-07147 2024-07150 Environmental Assessments;

Availability, etc.: Georgia Power Co., 23594-23595 2024-07146 Seattle City Light, 23596 2024-07149 Environmental Site Review: Consolidated Hydro New York, LLC, 23597-23598 2024-07148 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Apprenticeship Pilot Program, 23617-23618 2024-07172 Federal Transit Federal Transit Administration NOTICES Guidance: Rural Areas Formula Grant Programs Guidance Proposed Circular, 23618-23621 2024-07107 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species:

Status with Section 4(d) Rule for the Northwestern Pond Turtle and Southwestern Pond Turtle, 23534 2024-07094 Food and Drug Food and Drug Administration NOTICES Guidance: New Dietary Ingredient Notification Master Files for Dietary Supplements, 23599-23600 2024-07095 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessment of Administrative Costs of Electronic Healthy Incentives Projects, 23545-23550 2024-07163 Evaluating the Interview Requirement for Supplemental Nutrition Assistance Program Certification Study, 23539-23545 2024-07164 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Recalls of Meat, Poultry, and Egg Products, 23537-23539 2024-07127 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 23628-23636 2024-07159 2024-07160 2024-07161 Forest Forest Service NOTICES Newspapers Used for Publication of Legal Notices by the Alaska Region, 23550 2024-07119 Newspapers Used for Publication of Legal Notices by the Pacific Northwest Region, Oregon, Washington, and Parts of California, 23550-23551 2024-07120 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection RULES Petitions for Rulemaking, Amendment, or Repeal; Technical Amendment, 23499-23500 2024-07034 Procedures for Debarring Vessels from Entering U.S. Ports, 23501-23504 2024-07169 PROPOSED RULES Cyber Incident Reporting for Critical Infrastructure Act, 23644-23776 2024-06526 Indian Affairs Indian Affairs Bureau NOTICES Rate Adjustments for Indian Irrigation Projects; Correction, 23606 2024-07157 Industry Industry and Security Bureau RULES Implementation of Additional Export Controls:

Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections; and Export Controls on Semiconductor Manufacturing Items; Corrections and Clarifications, 23876-23905 2024-07004 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Programmatic Clearance for Customer Satisfaction Surveys, 23607-23608 2024-07153 Watercraft Inspection and Decontamination Regional Data-Sharing for Trailered Boats, 23606-23607 2024-07155 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Forged Steel Fittings from the Republic of Korea, 23560-23562 2024-07123 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Melamine from Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago, 23610-23611 2024-07181 Rubber Bands from China and Thailand, 23610 2024-07167 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection, 23609-23610 2024-07171 Hearings, Meetings, Proceedings, etc.:

Central California Resource Advisory Council, 23608-23609 2024-07168 Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: Dream (Motor), 23624-23625 2024-07145 Ichthys (Motor), 23625-23626 2024-07143 Kirin (Sail), 23621-23622 2024-07144 RMM Job (Motor), 23623-23624 2024-07142 Under Offer (Motor), 23622-23623 2024-07141 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

National Institute of Biomedical Imaging and Bioengineering, 23600-23601 2024-07112 National Institute of Diabetes and Digestive and Kidney Diseases, 23601 2024-07156 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska: Amendment 113 to the Fishery Management Plan for the Groundfish of the Gulf of Alaska; Central Gulf of Alaska Rockfish Program Adjustments, 23535-23536 2024-07115 NOTICES Hearings, Meetings, Proceedings, etc.:

Caribbean Fishery Management Council, 23562-23563 2024-07186 North Pacific Fishery Management Council, 23564 2024-07187 Pacific Fishery Management Council, 23563-23564 2024-07184 South Atlantic Fishery Management Council, 23564-23565 2024-07185 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 23614-23615 2024-07135 Postal Service Postal Service NOTICES Product Change: Priority Mail and Parcel Select Negotiated Service Agreement, 23615 2024-07102 Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 23615-23616 2024-07099 2024-07100 2024-07101 Priority Mail Express Negotiated Service Agreement, 23615 2024-07098 Priority Mail Express, Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 23615 2024-07103 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

World Autism Awareness Day (Proc. 10725), 23497-23498 2024-07284 Rural Business Rural Business-Cooperative Service NOTICES Funding Opportunity: Rural Cooperative Development Grants for Fiscal Year 2024, 23551-23560 2024-07136 Small Business Small Business Administration NOTICES Disaster or Emergency Declaration and Related Determination: Indiana, 23616-23617 2024-07124 Maryland, 23616 2024-07122 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23626-23628 2024-07055 Treasury Treasury Department See Foreign Assets Control Office NOTICES Interest Rate Paid: Cash Deposited to Secure U.S. Immigration and Customs Enforcement Immigration Bonds, 23636-23637 2024-07154 Customs U.S. Customs and Border Protection NOTICES Quarterly Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds of Customs Duties, 23604-23605 2024-07133 U.S. China U.S.-China Economic and Security Review Commission NOTICES Hearings, Meetings, Proceedings, etc., 23637 2024-07134 Veteran Affairs Veterans Affairs Department RULES Instructions for Determining Eligibility for In Vitro Fertilization Benefit, 23518-23521 2024-07040 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Homeless Providers Grant and Per Diem Program, 23637-23638 2024-07130 Privacy Act; Systems of Records, 23638-23641 2024-07137 Separate Parts In This Issue Part II Homeland Security Department, 23644-23776 2024-06526 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 23778-23838 2024-06921 Part IV Environmental Protection Agency, 23840-23873 2024-05906 Part V Commerce Department, Industry and Security Bureau, 23876-23905 2024-07004 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 66 Thursday, April 4, 2024 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 3 Petitions for Rulemaking, Amendment, or Repeal; Technical Amendment AGENCY: Office of the Secretary, Department of Homeland Security (DHS).

ACTION: Final rule; technical amendment. SUMMARY: This final rule amends the affected regulation by correcting a cross-reference error and updating the mailing address interested persons should use when submitting a petition for rulemaking to the Transportation Security Administration (TSA). This action does not create or change any substantive requirement or right. DATES: This rule is effective April 4, 2024. FOR FURTHER INFORMATION CONTACT: David F. Graham, Attorney-Advisor, U.S.

Department of Homeland Security, Office of the General Counsel, 245 Murray Lane SW, Mail Stop 0485, Washington, DC 20528-0485, telephone

(202)814-0416. SUPPLEMENTARY INFORMATION: I. Discussion of the Rule The Administrative Procedure Act

(APA)requires that each agency give interested persons the right to petition the agency for the issuance, amendment, or repeal of a rule. 1 Such a petition is known as a “rulemaking petition.” On November 28, 2016, the DHS published a final rule describing its procedures for receiving and responding to rulemaking petitions. 2 Among other provisions, the 2016 final rule identified the mailing address for rulemaking petitions directed towards the Transportation Security Administration as Transportation Security Administration, Office of the Chief Counsel, TSA-2, Attn: Regulations and Security Standards Division, 601 South 12th Street, Arlington, VA 20598-6002. The 2016 final rule also advised that rulemaking petitions directed towards the Federal Emergency Management Agency

(FEMA)were governed by 44 CFR 1.18. 1 5 U.S.C. 553(e). 2 81 FR 85401; *see also* 81 FR 47285 (July 21, 2016) (interim final rule). The mailing address for the TSA Office of Chief Counsel has changed from 601 South 12th Street, Arlington, VA 20598-6002, to 6595 Springfield Center Drive, Springfield, VA 20598-6002. This action amends 6 CFR 3.5(b)(2) to reflect the TSA's current and correct mailing address for receiving rulemaking petitions. In addition, the cross-reference to 44 CFR 1.18 is no longer current. Specifically, rulemaking petitions directed towards FEMA are now governed by 44 CFR 1.8. This action amends 6 CFR 3.3(b)(2) to reflect the correct citation. II. Regulatory Analyses DHS considered numerous statutes and executive orders related to rulemaking when developing this technical amendment. Below are summarized analyses based on those statutes and executive orders. A. Administrative Procedure Act DHS has determined that this rule is exempt from notice-and-comment rulemaking requirements under 5 U.S.C. 553(b)(A) and 5 U.S.C. 553(b)(B). The amendments in this rule provide non-substantive technical, organizational, and conforming updates to a rule that itself constitutes a “rule of agency organization, procedure, or practice” not subject to the Administrative Procedure Act's

(APA)notice and comment requirements under 5 U.S.C. 553(b)(A). In addition, these amendments are technical or editorial non-substantive changes, which are intended to update and correct two provisions within the CFR. These amendments are necessary to ensure the accuracy and clarity of the CFR. Neither of the amendments included in this action will have a substantive impact on the public, nor will they alter any substantive regulatory requirements. Accordingly, DHS finds for good cause that this final rule is exempt from public notice-and-comment rulemaking procedures under 5 U.S.C. 553(b)(B) because such procedures are unnecessary. Because this rule is procedural in nature, DHS finds that the 30-day delayed effective date requirement for substantive rules does not apply, *see* 5 U.S.C. 553(d). In addition, because affected parties will not need time to adjust to the revisions made through this action, DHS finds that even if a 30-day delayed effective date requirement did apply to this action, good cause exists to make this technical amendment effective upon publication in the **Federal Register** under 5 U.S.C. 553(d)(3). B. Regulatory Flexibility Act and Executive Order 12866 Because DHS has determined that this final rule is exempt from notice and comment rulemaking requirements, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply to this action. Furthermore, this final rule does not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866. C. Paperwork Reduction Act There is no new or amended collection of information required by this action. Therefore, the provisions of the Paperwork Reduction Act of 1995 are inapplicable. D. National Environmental Policy Act

(NEPA)DHS reviews proposed actions to determine whether the National Environmental Policy Act

(NEPA)applies to them and, if so, what degree of analysis is required. DHS Directive 023-01 Rev. 01 (Directive) and Instruction Manual 023-01-001-01 Rev. 01 (Instruction Manual) establish the procedures that DHS and its components use to comply with NEPA and the Council on Environmental Quality

(CEQ)regulations for implementing NEPA, 40 CFR parts 1500 through 1508. The CEQ regulations allow Federal agencies to establish, with CEQ review and concurrence, categories of actions (“categorical exclusions”) which experience has shown do not individually or cumulatively have a significant effect on the human environment and, therefore, do not require an Environmental Assessment

(EA)or Environmental Impact Statement (EIS). 40 CFR 1507.3(b)(2)(ii), 1508.4. For an action to be categorically excluded, it must satisfy each of the following three conditions:

(1)the entire action clearly fits within one or more of the categorical exclusions;

(2)the action is not a piece of a larger action; and

(3)no extraordinary circumstances exist that create the potential for a significant environmental effect. Instruction Manual section V.B(2)(a)-(c). This final rule is a technical amendment that provides non-substantive technical and organizational updates. Therefore, it clearly fits within categorical exclusion A3(a) “Promulgation of rules . . . of a strictly administrative or procedural nature.” Instruction Manual, Appendix A, Table 1. Furthermore, this final rule is not part of a larger action and presents no extraordinary circumstances creating the potential for significant environmental impacts. Therefore, the amendment is categorically excluded from further NEPA review. E. Federalism Under Executive Order 13132 (Federalism), agencies must consider whether a rule has federalism implications. DHS has determined that this technical amendment does not have federalism implications because it does not create a substantial direct effect on States, on the relationship between the National Government and States, or the distribution of power and responsibilities among the various levels of government. F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-38, requires agencies to consider whether a rule will result in the expenditure of $100,000,000 or more (adjusted annually for inflation) in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector. This technical amendment will not result in such an expenditure. G. The Congressional Review Act Before a rule can take effect, 5 U.S.C. 801, the Congressional Review Act requires agencies to submit the rule and a report indicating whether it is a major rule to Congress and the Comptroller General. Under 5 U.S.C. 804(3)(C), rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties are not considered to be a rule for the purposes of the Congressional Review Act. This citation correction, as well as the updated mailing address constitute a rule of agency organization, procedure, or practice that will have no substantive effect on the public. Thus, DHS is not required to submit this technical amendment to Congress and the Comptroller General under the Congressional Review Act. List of Subjects in 6 CFR Part 3 Administrative practice and procedure, Petitions for rulemaking. For the reasons stated in the preamble, the Department of Homeland Security amends 6 CFR part 3 as follows: PART 3—PETITIONS FOR RULEMAKING 1. The authority citation for part 3 continues to read as follows: Authority: 5 U.S.C. 301, 553(e); 6 U.S.C. 112. § 3.3 [Amended] 2. In § 3.3(b)(2), remove the text “44 CFR 1.18” and add, in its place, the text “44 CFR 1.8”. § 3.5 [Amended] 3. In § 3.5(b)(2), remove the text “601 South 12th Street, Arlington, VA 20598-6002” and add, in its place, the text “6595 Springfield Center Drive, Springfield, VA 20598-6002”. Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2024-07034 Filed 4-3-24; 8:45 am]

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