Unknown. Final rule

4,781 words·~22 min read·/register/2024/05/10/2024-10280·

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--- schema: federal-register doc_type: fedreg source_file: FR-2024-05-10.xml --- 89 92 Friday, May 10, 2024 Contents Editorial Note: In the print edition of the **Federal Register** Table of Contents for May 9, 2024, FR Doc. 2024-10162, was incorrectly listed under the Agricultural Marketing Service. The document should have been listed under the Commodity Credit Corporation. Agency Agency for International Development RULES Acquisition Regulation: Planning, Collection, and Submission of Digital Information;

Submission of Activity Monitoring, Evaluation, and Learning Plan to USAID; Correction, 40417 2024-10189 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service NOTICES Hearings, Meetings, Proceedings, etc.: National Agricultural Research, Extension, Education, and Economics Advisory Board, 40457-40458 2024-10211 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program: Ensuring Access to Medicaid Services, 40542-40874 2024-08363 Medicaid and Children's Health Insurance Program Managed Care Access, Finance, and Quality, 41002-41285 2024-08085 Medicare and Medicaid Programs:

Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting, 40876-41000 2024-08273 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40484-40485 2024-10255 2024-10256 Children Children and Families Administration RULES Foster Care Legal Representation, 40400-40417 2024-09663 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Risk Determination Hearings for Unaccompanied Children, 40485-40486 2024-10188 Civil Rights Civil Rights Commission NOTICES Meetings;

Sunshine Act, 40465 2024-10409 Coast Guard Coast Guard RULES Safety Zone: Piers Park, Boston Inner Harbor, East Boston, MA, 40384-40386 2024-10225 Special Local Regulation: Red River, Shreveport, LA, 40382-40384 2024-10267 PROPOSED RULES Safety Zone: Tennessee River, Saltillo, TN, 40437-40439 2024-09923 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 40473 2024-10209 Defense Department Defense Department RULES Medical Malpractice Claims by Members of the Uniformed Services, 40378-40382 2024-10130 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, 40474-40475 2024-10193 Pre-Authorized Debit Account Brochure and Application, 40475-40476 2024-10195 Process for Federal Student Aid ID Account Creation for Individuals without a Social Security Number in Connection with Person Authentication Service, 40474 2024-10202 The College Assistance Migrant Program Annual Performance Report, 40476 2024-10207 Election Election Assistance Commission NOTICES Requests for Applications:

Technical Guidelines Development Committee, 40476-40477 2024-10226 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Agricultural Workers Survey, 40507-40508 2024-10228 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Preliminary List: Potential National Interest Electric Transmission Corridors, 40477-40479 2024-10251 Reimbursement for Costs of Remedial Action at Uranium and Thorium Processing Sites, 40477 2024-10186 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance;

Exemptions, Petitions, Revocations, etc.: 1-Propanaminium, 3-amino-N-(2-carboxyethyl)-N,N-dimethyl-, N-coco acyl derivatives, inner salts; and 1-Propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-coco acyl derivatives, hydroxides, inner salts in Pesticide Formulations, 40391-40396 2024-10182 Cyflumetofen, 40396-40399 2024-10187 NOTICES Environmental Impact Statements; Availability, etc., 40481-40482 2024-10218 Federal Aviation Federal Aviation Administration NOTICES Environmental Assessments;

Availability, etc.: Drone Package Delivery in North Carolina, 40525-40526 2024-10232 Environmental Impact Statements; Availability, etc.: Office of Commercial Space Transportation, 40526-40528 2024-10149 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40482-40483 2024-10262 2024-10263 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40480-40481 2024-10221 Combined Filings, 40480 2024-10223 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Liberty County Solar Project, LLC, 40479 2024-10222 Request for Partial Waiver: FERC Form 580 Interrogatory on Fuel and Energy Purchase Practices, 40479 2024-10220 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40528-40529 2024-10227 Federal Motor Federal Motor Carrier Safety Administration NOTICES Parts and Accessories Necessary for Safe Operation:

Application for an Exemption; Gemini Motor Transport LP, 40529-40534 2024-10270 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40534-40535 2024-10214 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 40483 2024-10257 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Highway Right-of-Way Application and Associated Amendment of an Incidental Take Permit, Washington County, UT, 40504-40507 2024-10078 Food and Drug Food and Drug Administration NOTICES Guidance:

Remanufacturing of Medical Devices; Entities That Perform Servicing or Remanufacturing, and Food and Drug Administration Staff, 40490-40492 2024-10230 Modified Risk Tobacco Product Application: Renewal Application for IQOS 3.0 System Holder and Charger, Heated Tobacco Product, Submitted by Philip Morris Products S.A., 40487-40488 2024-10055 Renewal Applications for IQOS 2.4 System Holder and Charger, Marlboro Amber HeatSticks, Marlboro Green Menthol HeatSticks, and Marlboro Blue Menthol HeatSticks, Heated Tobacco Products and Heated Tobacco Product Consumables, Submitted by Philip Morris Products S.A., 40488-40490 2024-10054 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program Repayment Demand and Program Disqualification, 40458-40462 2024-10204 Foreign Assets Foreign Assets Control Office RULES Reporting, Procedures and Penalties Regulations, 40372-40378 2024-10033 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Hermosa Critical Minerals Project, Sierra Vista Ranger District, Coronado National Forest, AZ, 40462-40464 2024-10048 Proposed Recreation Fee Site, 40464-40465 2024-10246 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Medicare and Medicaid Programs:

Application from the Compliance Team for Continued Approval of its Rural Health Clinic Accreditation Program, 40493-40494 2024-10250 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Section 8 Housing Assistance Payments Program: Fiscal Year 2024 Inflation Factors for Public Housing Agency Renewal Funding, 40500-40502 2024-10212 Industry Industry and Security Bureau RULES Conforming and Clarifying Changes to the Export Administration Regulations, 40369-40372 2024-10280 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Documenting, Managing, and Preserving Department of the Interior Museum Collections Housed in Non-Federal Repositories, 40502-40503 2024-10215 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon Steel Flanges from Spain, 40465-40467 2024-10233 Steel Concrete Reinforcing Bar from Mexico, 40467-40469 2024-10192 International Trade Com International Trade Commission NOTICES Meetings;

Sunshine Act, 40507 2024-10389 Labor Department Labor Department See Employment and Training Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations: Labor Advisory Committee for Trade Negotiations and Trade Policy, 40508-40509 2024-10247 Initial Determination to Remove Shrimp from Thailand and Garments from Vietnam from the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor, 40509-40511 2024-10249 Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Highway Right-of-Way Application and Associated Amendment of an Incidental Take Permit, Washington County, UT, 40504-40507 2024-10078 Hearings, Meetings, Proceedings, etc.: Wyoming Resource Advisory Council, 40503-40504 2024-10236 Public Land Order: No. 7941; Partial Withdrawal Revocation, Power Site Reserve No. 244; Colorado, 40504 2024-10213 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 40511 2024-10437 Library Library of Congress NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Copyright Public Modernization Committee, 40512-40513 2024-10243 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.: National Construction Safety Team Advisory Committee, 40469-40470 2024-10234 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: National Cancer Institute, 40496 2024-10229 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 40496-40497 2024-10201 National Institute of Diabetes and Digestive and Kidney Diseases, 40496 2024-10197 National Institute of Environmental Health Sciences, 40494-40495 2024-10200 Licenses;

Exemptions, Applications, Amendments, etc.: Antibody-Drug Conjugates for Targeting CD56-Positive Tumors, 40495 2024-10198 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Resources of the Gulf of Mexico; Amendment 56, 40419-40436 2024-10208 Pacific Halibut Fisheries of the West Coast: Management Measures for the 2024 Area 2A Pacific Halibut Directed Commercial Fishery, 40417-40419 2024-10185 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, 40449-40456 2024-09953 NOTICES Hearings, Meetings, Proceedings, etc.: Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR), 40472 2024-10240 Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review, 40471-40472 2024-10237 Fisheries of the U.S. Caribbean; Southeast Data, Assessment, and Review, 40471 2024-10238 Pacific Fishery Management Council, 40470 2024-10239 Permits;

Applications, Issuances, etc.: Marine Mammals and Endangered and Threatened Species, 40472-40473 2024-10217 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grantee Reporting Requirements for the Engineering Research Centers, 40513 2024-10268 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Committee on Reactor Safeguards, 40513-40514 2024-10180 Meetings;

Sunshine Act, 40514-40515 2024-10424 Patent Patent and Trademark Office PROPOSED RULES Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting, 40439-40449 2024-10166 Peace Peace Corps RULES Procedures for Disclosure of Information under the Freedom of Information Act; Correction, 40372 2024-10181 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Materials, 40535-40537 2024-10241 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 40515-40516 2024-10259 Presidential Documents Presidential Documents PROCLAMATIONS San Gabriel Mountains National Monument;

Boundary Enlargement (Proc. 10746), 40361-40368 2024-10408 ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961; Delegation of Authority Under Section 614(a)(1) (Memorandum of April 24, 2024), 40359 2024-10401 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40516-40517, 40519-40520 2024-10205 2024-10206 2024-10252 Meetings; Sunshine Act, 40522-40523 2024-10355 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BYX Exchange, Inc., 40517-40519 2024-10190 Cboe BZX Exchange, Inc., 40516 2024-10191 Financial Industry Regulatory Authority, Inc., 40520-40522 2024-10196 Small Business Small Business Administration NOTICES Disaster or Emergency Declaration and Related Determination: Oklahoma, 40523 2024-10258 Social Social Security Administration NOTICES Maximum Dollar Limit in the Fee Agreement Process, 40523-40524 2024-10248 State Department State Department NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Cultural Property Advisory Committee, 40524 2024-10184 Hearings, Meetings, Proceedings, etc.: International Maritime Organization, 40524 2024-10183 Surface Transportation Surface Transportation Board NOTICES Change in Operator Exemption: Merrimack and Grafton Railroad Corp., Grafton and Coos Counties, NH and Essex County, VT, 40525 2024-10285 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Transportation Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Traveling by Air with Service Animals—Service Animal Air Transportation Form and Service Animal Relief Attestation Form, 40537 2024-10199 Security Transportation Security Administration NOTICES Request for Membership Application: Aviation Security Advisory Committee, 40497-40498 2024-10203 Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Required for International Civil Aviation Organization, 40537-40538 2024-10265 Treasury Treasury Department See Foreign Assets Control Office U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: MyAppointment, 40499-40500 2024-10244 Petition to Classify Orphan as an Immediate Relative; Application for Advance Processing of an Orphan Petition; Supplement 1, Listing of an Adult Member of the Household; Supplement 2, Consent to Disclose Information; and Supplement 3, Request for Action on Approved Form I-600A/I-600, 40498-40499 2024-10219 Unified Unified Carrier Registration Plan NOTICES Meetings;

Sunshine Act, 40538-40539 2024-10360 Veteran Affairs Veterans Affairs Department RULES Commemorative Plaques and Urns, 40386-40391 2024-10194 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: COVID-19 Veterans Assistance Partial Claim Payment Program, 40539-40540 2024-10231 Student Beneficiary Report—Restored Entitlement Program for Survivors, 40539 2024-10235 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 40542-40874 2024-08363 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 40876-41000 2024-08273 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 41002-41285 2024-08085 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 92 Friday, May 10, 2024 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 734, 738, 740, and 758 [Docket No. 240506-0127] RIN 0694-AJ65 Conforming and Clarifying Changes to the Export Administration Regulations

(EAR)AGENCY: Bureau of Industry and Security, Department of Commerce. ACTION: Final rule. SUMMARY: This final rule makes conforming and clarifying changes to the Export Administration Regulations (EAR). These changes include making conforming changes to the EAR to ensure that destination names reflect the current destination names that are recognized by the United States Government, clarifying the removal of certain license requirements for exports, reexports, and transfers (in-country) to and within Australia and the United Kingdom, making a conforming change to reflect that Cyprus is no longer a Country Group D:5 country, and clarifying how Russia and the Russian Federation are referenced for consistency with the designation of Russia as a U.S. Arms Embargoed destinations. DATES: This rule is effective May 30, 2024. FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact Philip Johnson at *RPD2@bis.doc.gov* or

(202)482-2440. SUPPLEMENTARY INFORMATION: I. Background BIS is amending the EAR (15 CFR parts 730-774) by making conforming changes to the EAR to ensure that destination names reflect the current destination names that are recognized by the United States Government, by making conforming changes to ensure that the EAR reflects amendments and description of those amendments made pursuant to two recent rules, by making a conforming change to reflect that Cyprus is no longer a Country Group D:5 country, and by clarifying how Russia and the Russian Federation are referenced in the EAR to ensure consistency with the designation of Russia as a U.S. Arms Embargoed destination. The four sets of changes this final rule makes are described in section II as follows: A. Conforming changes to the Commerce Country Chart and Country Groups to ensure consistency with destinations names that are recognized by the United States Government; B. Conforming changes to the Commerce Country Chart entries for Australia and the United Kingdom; C. Conforming change to reflect Cyprus is no longer a Country Group D:5 country; *and* D. Removing obsolete references to Russia and the Russian Federation in provisions that predate the country's addition to Country Group D:5. II. Regulatory Changes A. Conforming Changes to the Commerce Country Chart and Country Groups To Ensure Consistency With Destination Names That Are Recognized by the United States Government This final rule in supplement no. 1 to part 738 (Commerce Country Chart) removes Swaziland from the Commerce Country Chart and replaces it, in alphabetical order, with Eswatini. On April 19, 2018, King Mswati III declared that the country be known as the Kingdom of Eswatini, rather than the Kingdom of Swaziland. BIS makes this change to conform to King Mswati III's declaration, as subsequently formally recognized by the State Department ( *see https://www.state.gov/countries-areas/eswatini/* ). This final rule also removes Macedonia (The Former Yugoslav Republic of) from the Commerce Country Chart and replaces it, in alphabetical order, with North Macedonia. BIS makes this change to the conform to the State Department's formal recognition of the new name in February 2019 ( *see https://history.state.gov/countries/macedonia* ). Lastly, this final rule removes Turkey from the Commerce Country Chart and replaces it, in alphabetical order, with Türkiye. BIS makes this change to conform to the State Department's recognition on January 9, 2023 of the new country's new name ( *see https://www.state.gov/countries-areas/turkey/* ). This rule revises only the names of the three countries; the information set forth in each of the three entries otherwise remains the same. As a conforming change to the changes made to the Commerce Country Chart described above, this final rule removes Swaziland from Country Group B in supplement no. 1 to part 740, Country Groups), and replaces it (in alphabetical order) with Eswatini. Similarly, this rule removes Macedonia (the Former Yugoslav Republic of) from Country Group B and replaces it, in alphabetical order, with North Macedonia. B. Conforming Changes to Commerce Country Chart Entries for Australia and the United Kingdom This final rule also revises the Commerce Country Chart entries for Australia and the United Kingdom in supplement no. 1 to part 738 to align with the policy decisions and regulatory changes described and implemented in the August 19, 2024 interim final rule, “Export Control Revisions for Australia, United Kingdom, United States (AUKUS) Enhanced Trilateral Security Partnership” (89 FR 28594, published and effective on April 19, 2024) (April 19 IFR). Specifically, the April 19 IFR removed the license requirements for national security column 1 (NS1), regional stability column 1 (RS1), and missile technology column 1

(MT1)reasons for control for these two countries, as well as the footnote 3 designations for both of these countries, because the license requirements referenced in footnote 3 were no longer applicable. This rule corrects inadvertent errors in which a subsequent interim final rule, “Revisions of Firearms License Requirements” (89 FR 34680, published on April 30, 2024, and effective on May 30, 2024) (April 30 IFR), erroneously included an “X” under the NS1, RS1, and MT1 reasons for control for Australia and the United Kingdom and also erroneously included the previously-applicable footnote 3 designation for these two countries. This final rule revises the entries for Australia and the United Kingdom by removing the license requirement for NS1, RS1, and MT1, as well as the footnote 3 designation, for consistency with the intended regulatory changes described in the April 19 IFR. The changes in this final rule described under this section II.B are limited to removing text (as described above) that inadvertently appeared in the two Commerce Country Chart entries. The April 30 IFR correctly removed the footnote 9 designation for Australia and the United Kingdom. The April 30 IFR addressed the license requirement described in footnote 9 for these two destinations by adding an “X” in the crime control column 2

(CC2)reason for control for these two countries. C. Conforming Change to Reflect the Fact That Cyprus is No Longer a Country Group D:5 Country The U.S. State Department recently amended § 126.1 of the International Traffic in Arms Regulations

(ITAR)(22 CFR parts 120 through 130) to specify that Cyprus's status as a proscribed destination is suspended from October 1, 2023 through September 30, 2024 (see 88 FR 63016). Consistent with this change, Cyprus was effectively removed from Country Group D:5. As set forth in the Note to Country Group D:5 in supplement no. 1 to part 740 of the EAR, if there are any discrepancies between the list of D:5 countries and the countries identified by the Department of State as subject to a U.S. arms embargo, the State Department's list shall be controlling. To avoid confusion on the part of exporters, reexporters, and transferors, this final rule removes Cyprus from D:5. D:5 was the only “X” in the entry for Cyprus under Country Group D, so the entry is no longer needed. D. Removing, for Clarity, References to Russia and the Russian Federation for Provisions That Also extend to Country Group D:5 The final rule, “Implementation of Sanctions Against Russia Under the Export Administration Regulations (EAR)” (87 FR 12226, published March 3, 2022, and effective February 24, 2022), included amendments to supplement no. 1 to part 740 (Country Groups) of the EAR consistent with the ITAR § 126.1. The March 3 final rule updated the Country Group designation for Russia in supplement no. 1 to part 740 to reflect its identification by the Department of State as a country subject to a United States arms embargo. As noted above, BIS harmonizes the arms embargo-related provisions in the EAR with the Directorate of Defense Trade Control's (DDTC's) regulation of arms embargoes in § 126.1 of the ITAR. Three sections of the EAR, which predated the March 18, 2021 ( *see* 86 FR 14802) addition of Russia to § 126.1 under the ITAR, continued to separately identify Russia or the Russian Federation from Country Group D:5. These references are unnecessary due to the fact that Russia was subsequently added to Country Group D:5. Specifically, this final rule revises § 734.18(a)(5)(iv); § 740.9(a) introductory text (the fourth and seventh sentences) and paragraph (b)(5)(ii); and § 758.10, Note 1 to paragraph (b)(1), by removing references to Russia or the Russian Federation when the same sentence also refers to Country Group D:5. In the case of § 740.9(b)(5)(ii), the broader exclusion under paragraph (b)(5)(i) means the narrow exclusion under (b)(5)(ii) should not include Russia, which is subject to the broader exclusion as a Country Group D:5 country. Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-4852. ECRA, as amended, provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. Rulemaking Requirements 1. BIS has examined the impact of this rule as required by Executive Orders 12866, 13563, and 14094. Pursuant to E.O. 12866, as amended by E.O. 14094, this final rule has not been determined to be a “significant regulatory action.” 2. Notwithstanding any other provision of law, no person is required to respond to or be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget

(OMB)Control Number. This regulation involves an information collection approved by OMB under control number 0694-0088, Simplified Network Application Processing System. BIS does not anticipate a change to the burden hours associated with this collection as a result of this rule. Information regarding the collection, including all supporting materials, can be accessed at *https://www.reginfo.gov/public/do/PRAMain.* 3. This rule does not contain policies with federalism implications as that term is defined under Executive Order 13132. 4. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action is exempt from the Administrative Procedure Act

(APA)(5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation and delay in effective date. Additionally, this rule is exempt from the ordinary rulemaking requirements of the APA pursuant to 5 U.S.C. 553(a)(1) as a military or foreign affairs function of the United States Government. 5. Because neither the APA nor any other law requires that notice of proposed rulemaking and an opportunity for public comment be given for this rule, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are not applicable. Accordingly, no Final Regulatory Flexibility Analysis is required, and none has been prepared. List of Subjects 15 CFR Part 734 Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology. 15 CFR Part 738 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 740 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 758 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. Exports, Reporting and recordkeeping requirements. Accordingly, parts 734, 738, 740, and 758 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows: PART 734—SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS 1. The authority citation for 15 CFR part 734 is revised to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 *et seq.;* 50 U.S.C. 1701 *et seq.;* E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice of November 1, 2023, 88 FR 75475 (November 3, 2023). 2. Section 734.18(a)(5) is amended by revising paragraph (a)(5)(iv) to read as follows: § 734.18 Activities that are not exports, reexports, or transfers.

(a)* * *

(5)* * *

(iv)Not intentionally stored in a country listed in Country Group D:5 ( *see* supplement no. 1 to part 740 of the EAR). Note 1 to paragraph (a)(5)(iv): Data in-transit via the internet is not deemed to be stored. PART 738—COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART 3. The authority citation for 15 CFR part 738 continues to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 *et seq.;* 50 U.S.C. 1701 *et seq.;* 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 *et seq.;* 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 *et seq.;* 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. 4. Supplement no. 1 to part 738 is amended by: a. Revising the entry for “Australia”; b. Adding an entry for “Eswatini” in alphabetical order; c. Removing the entries for “Macedonia (The Former Yugoslav Republic of)”; d. Adding an entry for “North Macedonia” in alphabetical order; e. Removing the entry for “Swaziland”; f. Removing the entry for “Turkey”; and g. Adding an entry for “Türkiye” in alphabetical order. h. Revising the entry for the “United Kingdom”; The additions and revisions read as follows: Supplement No. 1 to Part 738—Commerce Country Chart Countries Chemical & biological weapons CB 1 CB 2 CB 3 Nuclear nonproliferation NP 1 NP 2 National security NS 1 NS 2 Missile tech MT 1 Regional stability RS 1 RS 2 Firearms convention FC 1 Crime control CC 1 CC 2 CC 3 Anti- terrorism AT 1 AT 2 * * * * * * * Australia X X * * * * * * * Eswatini X X X X X X X X X X X * * * * * * * North Macedonia X X X X X X X X X X X * * * * * * * Türkiye X X X X X * * * * * * * United Kingdom X X * * * * * * * PART 740—LICENSE EXCEPTIONS 5. The authority citation for 15 CFR part 740 continues to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 *et seq.;* 50 U.S.C. 1701 *et seq.;* 22 U.S.C. 7201 *et seq.;* E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. 6. Section 740.9 is amended by: a. Removing “Russia,” in the fourth and seventh sentences of paragraph

(a)introductory text wherever it appears; and b. Removing “Russia,” in paragraph (b)(5)(ii) wherever it appears. 7. Supplement no. 1 to part 740 is amended by: a. In the “Country Group A” and “Country Group B” tables, removing the entry for “Turkey” and adding an entry for “Türkiye” in alphabetical order; b. In the “Country Group B” table: i. Adding an entry for “Eswatini” in alphabetical order; i. Removing the entry for “Macedonia, The Former Yugoslav Republic of”, and adding an entry for “North Macedonia” in alphabetical order; ii. Removing the entry for “Swaziland”; and c. In the “Country Group D” table, removing the entry for Cyprus. The additions and revisions read as follows: Supplement No. 1 to Part 740—Commerce Country Chart Country Group A Country [A:1] Wassenaar participating states 1 [A:2] Missile technology control regime 2 [A:3] Australia group [A:4] Nuclear suppliers group 3 [A:5] [A:6] * * * * * * * Türkiye X X X X X * * * * * * * * * * * * * * 1 Country Group A:1 is a list of the Wassenaar Arrangement Participating States, except for Malta, Russia and Ukraine. 2 Country Group A:2 is a list of the Missile Technology Control Regime countries, except for Russia. 3 Country Group A:4 is a list of the Nuclear Suppliers Group countries, except for the People's Republic of China (PRC), Russia, and Belarus. Country Group B—Countries Eswatini North Macedonia Türkiye PART 758—EXPORT CLEARANCE REQUIREMENTS AND AUTHORITIES 8. The authority citation for 15 CFR part 758 continues to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 *et seq.;* 50 U.S.C. 1701 *et seq.;* E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. 9. Section 758.10 is amended by removing “Russia,” in Note 1 to paragraph (b)(1) wherever it appears. Thea D. Rozman Kendler, Assistant Secretary for Export Administration. [FR Doc. 2024-10280 Filed 5-8-24; 11:15 am]

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