Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2022, 10966-11191 [2023-02113]

Download as PDF 10966 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda REGULATORY INFORMATION SERVICE CENTER Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2022 AGENCY: Regulatory Information Service Center. ACTION: Introduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions. Publication of the Fall 2022 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order (‘‘E.O.’’) 12866, ‘‘Regulatory Planning and Review,’’ (58 FR 51735) and reaffirmed in E.O. 13563, ‘‘Improving Regulation and Regulatory Review,’’ (76 FR 3821). The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing regulatory actions they are developing that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). The Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), published in the fall and spring, helps agencies fulfill all of these requirements. All federal regulatory agencies have chosen to publish their regulatory agendas as part of this publication. The complete Unified Agenda and Regulatory Plan can be found online at www.reginfo.gov and a reduced print version can be found in the Federal Register. Information regarding obtaining printed copies can also be found on the Reginfo.gov website (or below, VI. How Can Users Get Copies of the Plan and the Agenda?). The Fall 2022 Unified Agenda publication appearing in the Federal Register includes the Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. The complete Fall 2022 Unified Agenda contains the Regulatory Plans of 29 Federal agencies and 67 Federal agency regulatory agendas. ADDRESSES: Regulatory Information Service Center (MV), General Services lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Administration, 1800 F Street NW, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: For further information about specific regulatory actions, please refer to the agency contact listed for each entry. To provide comment on or to obtain further information about this publication, contact: Boris Arratia, Director, Regulatory Information Service Center (MV), General Services Administration, 1800 F Street NW, Washington, DC 20405, 703–795–0816. You may also send comments to us by email at: RISC@ gsa.gov. SUPPLEMENTARY INFORMATION: Table of Contents Introduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions I. What are the Regulatory Plan and the Unified Agenda? II. Why are the Regulatory Plan and the Unified Agenda published? III. How are the Regulatory Plan and the Unified Agenda organized? IV. What information appears for each entry? V. Abbreviations VI. How can users get copies of the Plan and the Agenda? Introduction to the Fall 2022 Regulatory Plan Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of Transportation Department of the Treasury Department of Veterans Affairs Other Executive Agencies Corporation for National and Community Service Environmental Protection Agency General Services Administration National Aeronautics and Space Administration National Archives and Records Administration National Science Foundation Office of Personnel Management Pension Benefit Guaranty Corporation Small Business Administration Frm 00002 Fmt 4701 Sfmt 4702 Independent Regulatory Agencies Consumer Product Safety Commission Federal Trade Commission National Indian Gaming Commission Nuclear Regulatory Commission Regulatory Flexibility Agendas Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of the Interior Department of Justice Department of Labor Department of Transportation Department of the Treasury Other Executive Agencies Environmental Protection Agency General Services Administration Office of Personnel Management Small Business Administration Joint Authority Agency Regulatory Plans PO 00000 Social Security Administration Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation) Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation) Independent Regulatory Agencies Consumer Financial Protection Bureau Consumer Product Safety Commission Federal Communications Commission Federal Reserve System National Labor Relations Board Nuclear Regulatory Commission Securities and Exchange Commission Surface Transportation Board Introduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions I. What are the Regulatory Plan and the Unified Agenda? The Regulatory Plan serves as a defining statement of the Administration’s regulatory and deregulatory policies and priorities. The Plan is part of the fall edition of the Unified Agenda. Each participating agency’s regulatory plan contains: (1) A narrative statement of the agency’s regulatory and deregulatory priorities, and, for the most part; and (2) a description of the most important significant regulatory and deregulatory actions that the agency reasonably E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda expects to issue in proposed or final form during the upcoming fiscal year. This edition includes the regulatory plans of 29 agencies. The Unified Agenda provides information about regulations that the Government is considering or reviewing. The Unified Agenda has appeared in the Federal Register twice each year since 1983 and has been available online since 1995. The complete Unified Agenda is available to the public at www.reginfo.gov. The online Unified Agenda offers flexible search tools and access to the historic Unified Agenda database to1995. The complete online edition of the Unified Agenda includes regulatory agendas from 65 Federal agencies. Agencies of the United States Congress are not included. The Fall 2022 Unified Agenda publication appearing in the Federal Register consists of the Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Printed entries display only the fields required by the Regulatory Flexibility Act. Complete agenda information for those entries appears, in a uniform format, in the online Unified Agenda at https://reginfo.gov. The regulatory agendas for agencies not publishing Regulatory flexibility agendas are available to the public at https://reginfo.gov. Cabinet Departments Department of Housing and Urban Development* Department of State Department of Veterans Affairs* lotter on DSK11XQN23PROD with NOTICES1 Other Executive Agencies Agency for International Development Architectural and Transportation Barriers Compliance Board Committee for Purchase From People Who Are Blind or Severely Disabled Commission on Civil Rights Corporation for National and Community Service* Council on Environmental Quality Court Services and Offender Supervision Agency for the District of Columbia Federal Mediation Conciliation Service Institute of Museum and Library Services Inter-American Foundation VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 National Aeronautics and Space Administration* National Archives and Records Administration* National Endowment for the Arts National Endowment for the Humanities National Mediation Board National Science Foundation* Office of Government Ethics Office of the Intellectual Property Enforcement Coordinator Office of Management and Budget Office of National Drug Control Policy Peace Corps Pension Benefit Guaranty Corporation* Railroad Retirement Board* Social Security Administration* U.S. Agency for Global Media U.S. Commission on Civil Rights Independent Agencies Commodity Futures Trading Commission Farm Credit Administration Federal Deposit Insurance Corporation Federal Energy Regulatory Commission Federal Housing Finance Agency Federal Maritime Commission Federal Mine Safety and Health Review Commission Federal Permitting Improvement Steering Council Federal Trade Commission* National Credit Union Administration National Indian Gaming Commission* National Transportation Safety Board Postal Regulatory Commission The Regulatory Information Service Center compiles the Unified Agenda for the Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget. OIRA is responsible for overseeing the Federal Government’s regulatory, paperwork, and information resource management activities, including implementation of Executive Order 12866 (incorporated in Executive Order 13563). The Center also provides information about Federal regulatory activity to the President and his Executive Office, the Congress, agency officials, and the public. The activities included in the Agenda are, in general, those that will have a regulatory action within the next 12 months. Agencies may choose to include activities that will have a longer timeframe than 12 months. Agency agendas also show actions or reviews completed or withdrawn since the last Unified Agenda. Executive Order 12866 does not require agencies to include regulations concerning military or foreign affairs functions or regulations related to agency organization, management, or personnel matters. Agencies prepared entries for this publication to give the public notice of their plans to review, propose, and issue PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 10967 regulations. They have tried to predict their activities over the next 12 months as accurately as possible, but dates and schedules are subject to change. Agencies may withdraw some of the regulations now under development, and they may issue or propose other regulations not included in their agendas. Agency actions in the rulemaking process may occur before or after the dates they have listed. The Regulatory Plan and Unified Agenda do not create a legal obligation on agencies to adhere to schedules in this publication or to confine their regulatory activities to those regulations that appear within it. II. Why are the Regulatory Plan and the Unified Agenda published? The Regulatory Plan and the Unified Agenda helps agencies comply with their obligations under the Regulatory Flexibility Act and various Executive orders and other statutes. Regulatory Flexibility Act The Regulatory Flexibility Act requires agencies to identify those rules that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). Agencies meet that requirement by including the information in their submissions for the Unified Agenda. Agencies may also indicate those regulations that they are reviewing as part of their periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking,’’ signed August 13, 2002 (67 FR 53461), provides additional guidance on compliance with the Act. Executive Order 12866 Executive Order 12866, ‘‘Regulatory Planning and Review,’’ September 30, 1993 (58 FR 51735), requires covered agencies to prepare an agenda of all regulations under development or review. The Order also requires that certain agencies prepare annually a regulatory plan of their ‘‘most important significant regulatory actions,’’ which appears as part of the fall Unified Agenda. Executive Order 13497, signed January 30, 2009 (74 FR 6113), revoked the amendments to Executive Order 12866 that were contained in Executive Order 13258 and Executive Order 13422. Executive Order 13563 Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ January 18, 2011 (76 FR 3821) supplements and reaffirms the principles, structures, and definitions E:\FR\FM\22FEP2.SGM 22FEP2 10968 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda governing contemporary regulatory review that were established in Executive Order 12866, which includes the general principles of regulation and public participation, and orders integration and innovation in coordination across agencies; flexible approaches where relevant, feasible, and consistent with regulatory approaches; scientific integrity in any scientific or technological information and processes used to support the agencies’ regulatory actions; and retrospective analysis of existing regulations. Executive Order 13132 Executive Order 13132, ‘‘Federalism,’’ August 4, 1999 (64 FR 43255), directs agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have ‘‘federalism implications’’ as defined in the Order. Under the Order, an agency that is proposing a regulation with federalism implications, which either preempt State law or impose nonstatutory unfunded substantial direct compliance costs on State and local governments, must consult with State and local officials early in the process of developing the regulation. In addition, the agency must provide to the Director of the Office of Management and Budget a federalism summary impact statement for such a regulation, which consists of a description of the extent of the agency’s prior consultation with State and local officials, a summary of their concerns and the agency’s position supporting the need to issue the regulation, and a statement of the extent to which those concerns have been met. As part of this effort, agencies include in their submissions for the Unified Agenda information on whether their regulatory actions may have an effect on the various levels of government and whether those actions have federalism implications. lotter on DSK11XQN23PROD with NOTICES1 Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4, title II) requires agencies to prepare written assessments of the costs and benefits of significant regulatory actions ‘‘that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any 1 year.’’ The requirement does not apply to independent regulatory agencies, nor does it apply to certain subject areas excluded by section 4 of the Act. Affected agencies identify in the Unified Agenda those regulatory actions they believe are subject to title II of the Act. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ May 18, 2001 (66 FR 28355), directs agencies to provide, to the extent possible, information regarding the adverse effects that agency actions may have on the supply, distribution, and use of energy. Under the Order, the agency must prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for ‘‘those matters identified as significant energy actions.’’ As part of this effort, agencies may optionally include in their submissions for the Unified Agenda information on whether they have prepared or plan to prepare a Statement of Energy Effects for their regulatory actions. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (Pub. L. 104– 121, title II) established a procedure for congressional review of rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the effective date of a ‘‘major’’ rule for at least 60 days from the publication of the final rule in the Federal Register. The Act specifies that a rule is ‘‘major’’ if it has resulted, or is likely to result, in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of OIRA will make the final determination as to whether a rule is major. III. How are the Regulatory Plan and the Unified Agenda organized? The Regulatory Plan appears in part II in a daily edition of the Federal Register. The Plan is a single document beginning with an introduction, followed by a table of contents, followed by each agency’s section of the Plan. Following the Plan in the Federal Register, as separate parts, are the regulatory flexibility agendas for each agency whose agenda includes entries for rules which are likely to have a significant economic impact on a substantial number of small entities or rules that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Each printed agenda appears as a separate part. The sections of the Plan and the parts of the Unified Agenda are organized alphabetically in four groups: Cabinet departments; other executive agencies; the Federal Acquisition Regulation, a PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 joint authority (Agenda only); and independent regulatory agencies. Agencies may in turn be divided into subagencies. Each printed agency agenda has a table of contents listing the agency’s printed entries that follow. Each agency’s part of the Agenda contains a preamble providing information specific to that agency. Each printed agency agenda has a table of contents listing the agency’s printed entries that follow. Each agency’s section of the Plan contains a narrative statement of regulatory priorities and, for most agencies, a description of the agency’s most important significant regulatory and deregulatory actions. Each agency’s part of the Agenda contains a preamble providing information specific to that agency plus descriptions of the agency’s regulatory and deregulatory actions. The online, complete Unified Agenda contains the preambles of all participating agencies. Unlike the printed edition, the online Agenda has no fixed ordering. In the online Agenda, users can select the particular agencies’ agendas they want to see. Users have broad flexibility to specify the characteristics of the entries of interest to them by choosing the desired responses to individual data fields. To see a listing of all of an agency’s entries, a user can select the agency without specifying any particular characteristics of entries. Each entry in the Agenda is associated with one of five rulemaking stages. The rulemaking stages are: 1. Prerule Stage—actions agencies will undertake to determine whether or how to initiate rulemaking. Such actions occur prior to a Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of Proposed Rulemaking (ANPRMs) and reviews of existing regulations. 2. Proposed Rule Stage—actions for which agencies plan to publish a Notice of Proposed Rulemaking as the next step in their rulemaking process or for which the closing date of the NPRM Comment Period is the next step. 3. Final Rule Stage—actions for which agencies plan to publish a final rule or an interim final rule or to take other final action as the next step. 4. Long-Term Actions—items under development but for which the agency does not expect to have a regulatory action within the 12 months after publication of this edition of the Unified Agenda. Some of the entries in this section may contain abbreviated information. 5. Completed Actions—actions or reviews the agency has completed or withdrawn since publishing its last E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda agenda. This section also includes items the agency began and completed between issues of the Agenda. 6. Long-Term Actions—are rulemakings reported during the publication cycle that are outside of the required 12-month reporting period for which the Agenda was intended. Completed Actions in the publication cycle are rulemakings that are ending their lifecycle either by Withdrawal or completion of the rulemaking process. Therefore, the Long-Term and Completed RINs do not represent the ongoing, forward-looking nature intended for reporting developing rulemakings in the Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To further differentiate these two stages of rulemaking in the Unified Agenda from active rulemakings, LongTerm and Completed Actions are reported separately from active rulemakings, which can be any of the first three stages of rulemaking listed above. A separate search function is provided on www.reginfo.gov to search for Completed and Long-Term Actions apart from each other and active RINs. A bullet (•) preceding the title of an entry indicates that the entry is appearing in the Unified Agenda for the first time. In the printed edition, all entries are numbered sequentially from the beginning to the end of the publication. The sequence number preceding the title of each entry identifies the location of the entry in this edition. The sequence number is used as the reference in the printed table of contents. Sequence numbers are not used in the online Unified Agenda because the unique Regulation Identifier Number (RIN) is able to provide this cross-reference capability. Editions of the Unified Agenda prior to fall 2007 contained several indexes, which identified entries with various characteristics. These included regulatory actions for which agencies believe that the Regulatory Flexibility Act may require a Regulatory Flexibility Analysis, actions selected for periodic review under section 610(c) of the Regulatory Flexibility Act, and actions that may have federalism implications as defined in Executive Order 13132 or other effects on levels of government. These indexes are no longer compiled, because users of the online Unified Agenda have the flexibility to search for entries with any combination of desired characteristics. The online edition retains the Unified Agenda’s subject index based on the Federal Register Thesaurus of Indexing Terms. In addition, online users have the option of VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 searching Agenda text fields for words or phrases. IV. What information appears for each entry? All entries in the online Unified Agenda contain uniform data elements including, at a minimum, the following information: Title of the Regulation—a brief description of the subject of the regulation. In the printed edition, the notation ‘‘Section 610 Review’’ following the title indicates that the agency has selected the rule for its periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610(c)). Some agencies have indicated completions of section 610 reviews or rulemaking actions resulting from completed section 610 reviews. In the online edition, these notations appear in a separate field. Priority—an indication of the significance of the regulation. Agencies assign each entry to one of the following five categories of significance. (1) Economically Significant As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy of $100 million or more or will adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. The definition of an ‘‘economically significant’’ rule is similar but not identical to the definition of a ‘‘major’’ rule under 5 U.S.C. 801 (Pub. L. 104– 121). (See below.) (2) Other Significant A rulemaking that is not Economically Significant but is considered Significant by the agency. This category includes rules that the agency anticipates will be reviewed under Executive Order 12866 or rules that are a priority of the agency head. These rules may or may not be included in the agency’s regulatory plan. (3) Substantive, Nonsignificant A rulemaking that has substantive impacts, but is neither Significant, nor Routine and Frequent, nor Informational/Administrative/Other. (4) Routine and Frequent A rulemaking that is a specific case of a multiple recurring application of a regulatory program in the Code of Federal Regulations and that does not alter the body of the regulation. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 10969 (5) Informational/Administrative/Other A rulemaking that is primarily informational or pertains to agency matters not central to accomplishing the agency’s regulatory mandate but that the agency places in the Unified Agenda to inform the public of the activity. Major—whether the rule is ‘‘major’’ under 5 U.S.C. 801 (Pub. L. 104–121) because it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of the Office of Information and Regulatory Affairs will make the final determination as to whether a rule is major. Unfunded Mandates—whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, agencies, other than independent regulatory agencies, shall prepare a written statement containing an assessment of the anticipated costs and benefits of the Federal mandate. Legal Authority—the section(s) of the United States Code (U.S.C.) or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s) the regulatory action. Agencies may provide popular name references to laws in addition to these citations. CFR Citation—the section(s) of the Code of Federal Regulations that will be affected by the action. Legal Deadline—whether the action is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to an NPRM, a Final Action, or some other action. Abstract—a brief description of the problem the regulation will address; the need for a Federal solution; to the extent available, alternatives that the agency is considering to address the problem; and potential costs and benefits of the action. Timetable—the dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date displayed in the form 12/00/19 means the agency is predicting the month and year the action will take place but not the day it will occur. In some instances, agencies may indicate what the next action will be, but the date of that action is ‘‘To Be Determined.’’ ‘‘Next Action Undetermined’’ indicates the agency does not know what action it will take next. E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with NOTICES1 10970 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Regulatory Flexibility Analysis Required—whether an analysis is required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rulemaking action is likely to have a significant economic impact on a substantial number of small entities as defined by the Act. Small Entities Affected—the types of small entities (businesses, governmental jurisdictions, or organizations) on which the rulemaking action is likely to have an impact as defined by the Regulatory Flexibility Act. Some agencies have chosen to indicate likely effects on small entities even though they believe that a Regulatory Flexibility Analysis will not be required. Government Levels Affected—whether the action is expected to affect levels of government and, if so, whether the governments are State, local, tribal, or Federal. International Impacts—whether the regulation is expected to have international trade and investment effects, or otherwise may be of interest to the Nation’s international trading partners. Federalism—whether the action has ‘‘federalism implications’’ as defined in Executive Order 13132. This term refers to actions ‘‘that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Independent regulatory agencies are not required to supply this information. Included in the Regulatory Plan— whether the rulemaking was included in the agency’s current regulatory plan. Agency Contact—the name and phone number of at least one person in the agency who is knowledgeable about the rulemaking action. The agency may also provide the title, address, fax number, email address, and TDD for each agency contact. Some agencies have provided the following optional information: RIN Information URL—the internet address of a site that provides more information about the entry. Public Comment URL—the internet address of a site that will accept public comments on the entry. Alternatively, timely public comments may be submitted at the Governmentwide e-rulemaking site, www.regulations.gov. Additional Information—any information an agency wishes to include that does not have a specific corresponding data element. Compliance Cost to the Public—the estimated gross compliance cost of the action. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Affected Sectors—the industrial sectors that the action may most affect, either directly or indirectly. Affected sectors are identified by North American Industry Classification System (NAICS) codes. Energy Effects—an indication of whether the agency has prepared or plans to prepare a Statement of Energy Effects for the action, as required by Executive Order 13211 ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ signed May 18, 2001 (66 FR 28355). Related RINs—one or more past or current RIN(s) associated with activity related to this action, such as merged RINs, split RINs, new activity for previously completed RINs, or duplicate RINs. Statement of Need—a description of the need for the regulatory action. Summary of the Legal Basis—a description of the legal basis for the action, including whether any aspect of the action is required by statute or court order. Alternatives—a description of the alternatives the agency has considered or will consider as required by section 4(c)(1)(B) of Executive Order 12866. Anticipated Costs and Benefits—a description of preliminary estimates of the anticipated costs and benefits of the action. Risks—a description of the magnitude of the risk the action addresses, the amount by which the agency expects the action to reduce this risk, and the relation of the risk and this risk reduction effort to other risks and risk reduction efforts within the agency’s jurisdiction. V. Abbreviations The following abbreviations appear throughout this publication: ANPRM—An Advance Notice of Proposed Rulemaking is a preliminary notice, published in the Federal Register, announcing that an agency is considering a regulatory action. An agency may issue an ANPRM before it develops a detailed proposed rule. An ANPRM describes the general area that may be subject to regulation and usually asks for public comment on the issues and options being discussed. An ANPRM is issued only when an agency believes it needs to gather more information before proceeding to a notice of proposed rulemaking. CFR—The Code of Federal Regulations is an annual codification of the general and permanent regulations published in the Federal Register by the agencies of the Federal Government. The Code is divided into 50 titles, each PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 title covering a broad area subject to Federal regulation. The CFR is keyed to and kept up to date by the daily issues of the Federal Register. E.O.—An Executive order is a directive from the President to Executive agencies, issued under constitutional or statutory authority. Executive orders are published in the Federal Register and in title 3 of the Code of Federal Regulations. FR—The Federal Register is a daily Federal Government publication that provides a uniform system for publishing Presidential documents, all proposed and final regulations, notices of meetings, and other official documents issued by Federal agencies. FY—The Federal fiscal year runs from October 1 to September 30. NPRM—A Notice of Proposed Rulemaking is the document an agency issues and publishes in the Federal Register that describes and solicits public comments on a proposed regulatory action. Under the Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a minimum: A statement of the time, place, and nature of the public rulemaking proceeding. Legal Authority—A reference to the legal authority under which the rule is proposed; and either the terms or substance of the proposed rule or a description of the subjects and issues involved. Pub. L.—A public law is a law passed by Congress and signed by the President or enacted over his veto. It has general applicability, unlike a private law that applies only to those persons or entities specifically designated. Public laws are numbered in sequence throughout the 2year life of each Congress; for example, Public Law 112–4 is the fourth public law of the 112th Congress. RFA—A Regulatory Flexibility Analysis is a description and analysis of the impact of a rule on small entities, including small businesses, small governmental jurisdictions, and certain small not-for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires each agency to prepare an initial RFA for public comment when it is required to publish an NPRM and to make available a final RFA when the final rule is published, unless the agency head certifies that the rule would not have a significant economic impact on a substantial number of small entities. RIN—The Regulation Identifier Number is assigned by the Regulatory Information Service Center to identify each regulatory action listed in the Regulatory Plan and the Unified Agenda, as directed by Executive Order E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda 12866 (section 4(b)). Additionally, OMB has asked agencies to include RINs in the headings of their Rule and Proposed Rule documents when publishing them in the Federal Register, to make it easier for the public and agency officials to track the publication history of regulatory actions throughout their development. Seq. No.—The sequence number identifies the location of an entry in the printed edition of the Regulatory Plan and the Unified Agenda. Note that a specific regulatory action will have the same RIN throughout its development but will generally have different sequence numbers if it appears in different printed editions of the Unified Agenda. Sequence numbers are not used in the online Unified Agenda. U.S.C.—The United States Code is a consolidation and codification of all general and permanent laws of the United States. The U.S.C. is divided into 50 titles, each title covering a broad area of Federal law. VI. How can users get copies of the Plan and the Agenda? Copies of the Federal Register issue containing the printed edition of The Regulatory Plan and the Unified Agenda (agency regulatory flexibility agendas) are available from the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box 371954, Pittsburgh, PA 15250–7954. Telephone: (202) 512–1800 or 1–866–512–1800 (toll-free). Copies of individual agency materials may be available directly from the agency or may be found on the agency’s website. Please contact the particular agency for further information. All editions of The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions since fall 1995 are available in electronic form at www.reginfo.gov, along with flexible search tools. The Government Publishing Office’s GPO GovInfo website contains copies of the Agendas and Regulatory Plans that have been printed in the Federal Register. These documents are available at www.govinfo.gov. Dated: December 20, 2022. Boris Arratia, Director. Introduction to the Fall 2022 Regulatory Plan Executive Order 12866, issued in 1993, requires the annual production of a Unified Regulatory Agenda and Regulatory Plan. It does so in order to promote transparency—or in the words of the Executive Order itself, ‘‘to have 10971 an effective regulatory program, to provide for coordination of regulations, to maximize consultation and the resolution of potential conflicts at an early stage, to involve the public and its State, local, and tribal officials in regulatory planning, and to ensure that new or revised regulations promote the President’s priorities and the principles set forth in this Executive order.’’ The requirements of Executive Order 12866 were reaffirmed in Executive Order 13563, issued in 2011. We are now providing the Fall 2022 Regulatory Plan. The regulatory plans and agendas submitted by agencies and included here offer a window into how the Administration plans to continue delivering on the President’s agenda to advance economic prosperity and equity, tackle the climate crisis, advance public health, and much more to improve the lives of the American people. Agencies will also be continuing their work to implement landmark new legislation passed in 2022, including the implementation of the PACT Act, (Pub. L. 117–168); the Inflation Reduction Act, (Pub. L. 117–169); and the CHIPS and Science Act, (Pub. L. 117–167); as well as ongoing efforts to implement the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law), Pub. L. 117–58. DEPARTMENT OF AGRICULTURE Title 1 ........................ Unfair Practices, Undue Preferences, and Harm to Competition Under the Packers and Stockyards Act (AMS–FTPP–21–0046). Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS–FTPP–21–0045). Poultry Growing Tournament Systems: Fairness and Related Concerns—Harm to Competition (AMS–FTPP–22–0046). Transparency in Poultry Grower Contracting and Tournaments (AMS–FTPP–21– 0044). Organic Livestock and Poultry Standards (AMS–NOP–21–0073) ........................... Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages. Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans. Community Eligibility Provision: Increasing Options for Schools ............................. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions. Voluntary Labeling of Products With ‘‘Product of USA’’ and Similar Statements ... Labeling of Meat and Poultry Products Made Using Animal Cell Culture Technology. Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed. Prior Label Approval System: Expansion of Generic Label Approval ..................... 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... 11 ...................... 12 ...................... 13 ...................... lotter on DSK11XQN23PROD with NOTICES1 Regulation Identifier No. Sequence No. Rulemaking stage 0581–AE04 Proposed Rule. 0581–AE05 Proposed Rule. 0581–AE18 Proposed Rule. 0581–AE03 Final Rule. 0581–AE06 0584–AE82 Final Rule. Proposed Rule. 0584–AE88 Proposed Rule. 0584–AE93 0584–AE94 Proposed Rule. Final Rule. 0583–AD87 0583–AD89 Proposed Rule. Proposed Rule. 0583–AD56 Final Rule. 0583–AD78 Final Rule. DEPARTMENT OF COMMERCE Regulation Identifier No. Sequence No. Title 14 ...................... Section 1758 Technologies: Proposed Controls; Request for Comments .............. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM 0694–AH80 22FEP2 Rulemaking stage Proposed Rule. 10972 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda DEPARTMENT OF COMMERCE—Continued Regulation Identifier No. Sequence No. Title 15 ...................... The Imposition of Emerging Technology Export Controls on Instruments for the Automated Chemical Synthesis of Peptides. Updates to Bayh-Dole Implementing Regulations ................................................... Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act (Reg Plan Seq No. 17). Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule ...... Setting and Adjusting Trademark Fees .................................................................... 16 ...................... 17 ...................... 18 ...................... 19 ...................... 0694–AI84 Rulemaking stage Proposed Rule. 0693–AB66 0648–BG11 Final Rule. Final Rule. 0648–BI88 0651–AD65 Final Rule. Proposed Rule. DEPARTMENT OF DEFENSE Regulation Identifier No. Sequence No. Title 20 ...................... Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities. Cybersecurity Maturity Model Certification (CMMC) Program ................................. Nondiscrimination on the Basis of Disability in Programs or Activities Assisted or Conducted by the DoD and in Equal Access to Information and Communication Technology Used by DoD. Definitions of Gold Star Family and Gold Star Survivor .......................................... Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041). Small Business Innovation Research Program Data Rights (DFARS Case 2019– D043). Defense Commercial Solutions Opening (DFARS Case 2022–D006) .................... Modification of Prize Authority For Advanced Technology Achievements (DFARS Case 2022–D014). DFARS Buy American Act Requirements (DFARS Case 2022–D019) ................... Past Performance of Subcontractors and Joint Venture Partners (DFARS Case 2018–D055). Restriction on Acquisition of Personal Protective Equipment and Certain Items From Non-Allied Foreign Nations (DFARS Case 2022–D009). Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers. Policy and Procedures for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408. Flood Control Cost-Sharing Requirements Under the Ability to Pay Provision ....... USACE Implementing Procedures for Principles, Requirements, and Guidelines Applicable to Actions Involving Investment in Water Resources. Appendix C Procedures for the Protection of Historic Properties ........................... Revised Definition of ‘‘Waters of the United States’’—Rule 2 ................................. Credit Assistance for Water Resources Infrastructure Projects .............................. Revised Definition of ‘‘Waters of the United States’’—Rule 1 ................................. TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient Services Provided in Cancer and Children’s Hospitals. TRICARE Coverage of National Institute of Allergy and Infectious Disease Coronavirus Disease 2019 Clinical Trials. Expanding TRICARE Access to Care in Response to the COVID–19 Pandemic .. Collection From Third Party Payers of Reasonable Charges for Healthcare Services; Amendment. 21 ...................... 22 ...................... 23 ...................... 24 ...................... 25 ...................... 26 ...................... 27 ...................... 28 ...................... 29 ...................... 30 ...................... 31 ...................... 32 ...................... 33 ...................... 34 ...................... 35 36 37 38 39 ...................... ...................... ...................... ...................... ...................... 40 ...................... 41 ...................... 42 ...................... Rulemaking stage 0790–AK86 Proposed Rule. 0790–AL49 0790–AJ04 Proposed Rule. Final Rule. 0790–AL56 0750–AK81 Final Rule. Proposed Rule. 0750–AK84 Proposed Rule. 0750–AL57 0750–AL65 Proposed Rule. Proposed Rule. 0750–AL74 0750–AK16 Proposed Rule. Final Rule. 0750–AL60 Final Rule. 0710–AA78 Proposed Rule. 0710–AB22 Proposed Rule. 0710–AB34 0710–AB41 Proposed Rule. Proposed Rule. 0710–AB46 0710–AB47 0710–AB31 0710–AB40 0720–AB73 Proposed Rule. Proposed Rule. Final Rule. Final Rule. Final Rule. 0720–AB83 Final Rule. 0720–AB85 0720–AB87 Final Rule. Final Rule. DEPARTMENT OF EDUCATION Title 43 ...................... Nondiscrimination on the Basis of Sex in Athletics Education Programs or Activities Receiving Federal Financial Assistance. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance. Gainful Employment ................................................................................................. Improving Income Driven Repayment ...................................................................... 44 ...................... 45 ...................... 46 ...................... lotter on DSK11XQN23PROD with NOTICES1 Regulation Identifier No. Sequence No. Rulemaking stage 1870–AA19 Proposed Rule. 1870–AA16 Final Rule. 1840–AD57 1840–AD81 Proposed Rule. Proposed Rule. DEPARTMENT OF ENERGY Regulation Identifier No. Sequence No. Title 47 ...................... Clean Energy Rule for New Federal Buildings and Major Renovations .................. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM 1904–AB96 22FEP2 Rulemaking stage Proposed Rule. 10973 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda DEPARTMENT OF ENERGY—Continued Regulation Identifier No. Sequence No. Title 48 ...................... Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces. Loan Guarantees for Clean Energy Projects ........................................................... 49 ...................... Rulemaking stage 1904–AD20 Final Rule. 1901–AB59 Final Rule. DEPARTMENT OF HEALTH AND HUMAN SERVICES Title 50 ...................... Amendments to Civil Monetary Penalty Law Regarding Grants, Contracts, and Information Blocking. Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities. Nondiscrimination in Health Programs and Activities .............................................. ONC Health IT Certification Program Updates, Health Information Network Attestation Process for the Trusted Exchange Framework and Common Agreement, and Enhancements to Support Information Sharing. Establishment of Disincentives for Health Care Providers who Have Committed Information Blocking. Patient Engagement, Information Sharing, and Public Health Interoperability ........ Medications for the Treatment of Opioid Use Disorder ........................................... Control of Communicable Diseases; Foreign Quarantine ....................................... World Trade Center Health Program; Addition of Uterine Cancer to the List of WTC-Related Health Conditions. Biologics Regulation Modernization ......................................................................... Certifications Concerning Imported Foods ............................................................... Use of Salt Substitutes to Reduce the Sodium Content in Standardized Foods .... Tobacco Product Standard for Nicotine Level of Certain Tobacco Products .......... Mammography Quality Standards Act ..................................................................... Nonprescription Drug Product With an Additional Condition for Nonprescription Use. Tobacco Product Standard for Characterizing Flavors in Cigars ............................ Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Relating to Agricultural Water. Tobacco Product Standard for Menthol in Cigarettes .............................................. Provider Nondiscrimination Requirements for Group Health Plans and Health Insurance Issuers in the Group and Individual Markets (CMS–9910). Short-Term Limited Duration Insurance; Update (CMS–9904) ................................ Assuring Access to Medicaid Services (CMS–2442) ............................................... Transitional Coverage for Emerging Technologies (CMS–3421) ............................ Interoperability and Prior Authorization for MA Organizations, Medicaid and CHIP Managed Care and State Agencies, FFE QHP Issuers, MIPS Eligible Clinicians, Eligible Hospitals and CAHs (CMS–0057). Medicare and Medicaid Program Integrity (CMS–6084) .......................................... Culturally Competent and Person-Centered Requirements to Increase Access to Care and Improve Quality for All (CMS–3418). Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021 (CMS–9902). Coverage of Certain Preventive Services Under the Affordable Care Act (CMS– 9903). Contract Year 2024 Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, Medicare Cost Plan Programs, Medicare Overpayment Provisions of the Affordable Care Act, and PACE (CMS–4201). FY 2024 Skilled Nursing Facility (SNFs) Prospective Payment System and Consolidated Billing and Updates to the Value-Based Purchasing and Quality Reporting Programs (CMS–1779). Streamlining the Medicaid and CHIP Application, Eligibility Determination, Enrollment, and Renewal Processes (CMS–2421). Foster Care Legal Representation ........................................................................... Separate Licensing Standards for Relative or Kinship Foster Family Homes ........ Unaccompanied Children Program Foundational Rule ............................................ Federal Licensing of Office of Refugee Resettlement Facilities .............................. Strengthening TANF as a Safety Net and Work Program ....................................... Adoption and Foster Care Analysis and Reporting System (AFCARS) .................. Modification of the Tribal Non-Federal Share Requirement .................................... ANA Non-Federal Share Emergency Waivers ......................................................... Older Americans Act, Titles III, VI, and VII .............................................................. Adult Protective Services Functions and Grant Programs ...................................... 51 ...................... 52 ...................... 53 ...................... 54 ...................... 55 56 57 58 ...................... ...................... ...................... ...................... 59 60 61 62 63 64 ...................... ...................... ...................... ...................... ...................... ...................... 65 ...................... 66 ...................... 67 ...................... 68 ...................... 69 70 71 72 ...................... ...................... ...................... ...................... 73 ...................... 74 ...................... 75 ...................... 76 ...................... 77 ...................... 78 ...................... 79 ...................... lotter on DSK11XQN23PROD with NOTICES1 Regulation Identifier No. Sequence No. 80 81 82 83 84 85 86 87 88 89 ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM Rulemaking stage 0936–AA09 Final Rule. 0945–AA15 Proposed Rule. 0945–AA17 0955–AA03 Final Rule. Proposed Rule. 0955–AA05 Proposed Rule. 0955–AA06 0930–AA39 0920–AA75 0920–AA81 Proposed Rule. Proposed Rule. Final Rule. Final Rule. 0910–AI14 0910–AI66 0910–AI72 0910–AI76 0910–AH04 0910–AH62 Proposed Rule. Proposed Rule. Proposed Rule. Proposed Rule. Final Rule. Final Rule. 0910–AI28 0910–AI49 Final Rule. Final Rule. 0910–AI60 0938–AU64 Final Rule. Proposed Rule. 0938–AU67 0938–AU68 0938–AU86 0938–AU87 Proposed Proposed Proposed Proposed 0938–AU90 0938–AU91 Proposed Rule. Proposed Rule. 0938–AU93 Proposed Rule. 0938–AU94 Proposed Rule. 0938–AU96 Proposed Rule. 0938–AV02 Proposed Rule. 0938–AU00 Final Rule. 0970–AC89 0970–AC91 0970–AC93 0970–AC94 0970–AC97 0970–AC98 0970–AC99 0970–AC88 0985–AA17 0985–AA18 Proposed Rule. Proposed Rule. Proposed Rule. Proposed Rule. Proposed Rule. Proposed Rule. Proposed Rule. Final Rule. Proposed Rule. Proposed Rule. 22FEP2 Rule. Rule. Rule. Rule. 10974 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda DEPARTMENT OF HOMELAND SECURITY Regulation Identifier No. Sequence No. Title 90 ...................... Victims of Qualifying Criminal Activities; Eligibility Requirements for U Nonimmigrant Status and Adjustment of Status. Improving the Regulations Governing the Adjustment of Status to Lawful Permanent Residence and Related Immigration Benefits. Particular Social Group and Related Definitions and Interpretations for Asylum and Withholding of Removal. U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements. Bars to Asylum Eligibility and Related Procedures .................................................. Modernization and Reform of the H–2 Programs .................................................... Citizenship and Naturalization and Other Related Flexibilities ................................ Relief Under the Violence Against Women Act of 1994 and Subsequent Legislation. Security Bars and Processing .................................................................................. Cybersecurity in the Marine Transportation System ................................................ MARPOL Annex VI; Prevention of Air Pollution From Ships ................................... Advance Passenger Information System: Electronic Validation of Travel Documents. Enhancing Surface Cyber Risk Management .......................................................... Vetting of Certain Surface Transportation Employees ............................................. Amending Vetting Requirements for Employees With Access to a Security Identification Display Area (SIDA). Flight Training Security Program .............................................................................. Immigration Bond Notifications and Electronic Service ........................................... Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I–9). National Flood Insurance Program: Standard Flood Insurance Policy, Homeowner Flood Form. Individual Assistance Program Equity ...................................................................... Update of FEMA’s Public Assistance Regulations .................................................. Updates to Floodplain Management and Protection of Wetlands Regulations ....... National Flood Insurance Program’s Floodplain Management Standards for Land Management & Use, & an Assessment of the Program’s Impact on Threatened and Endangered Species & Their Habitats. Ammonium Nitrate Security Program ....................................................................... Chemical Facility Anti-Terrorism Standards (CFATS) ............................................. 91 ...................... 92 ...................... 93 ...................... 94 95 96 97 ...................... ...................... ...................... ...................... 98 ...................... 99 ...................... 100 .................... 101 .................... 102 .................... 103 .................... 104 .................... 105 .................... 106 .................... 107 .................... 108 .................... 109 110 111 112 .................... .................... .................... .................... 113 .................... 114 .................... Rulemaking stage 1615–AA67 Proposed Rule. 1615–AC22 Proposed Rule. 1615–AC65 Proposed Rule. 1615–AC68 Proposed Rule. 1615–AC69 1615–AC76 1615–AC80 1615–AC81 Proposed Proposed Proposed Proposed 1615–AC57 1625–AC77 1625–AC78 1651–AB43 Final Rule. Proposed Rule. Proposed Rule. Proposed Rule. 1652–AA74 1652–AA69 1652–AA70 Prerule. Proposed Rule. Proposed Rule. 1652–AA35 1653–AA85 1653–AA86 Final Rule. Final Rule. Final Rule. 1660–AB06 Proposed Rule. 1660–AB07 1660–AB09 1660–AB12 1660–AB11 Proposed Rule. Proposed Rule. Proposed Rule. Long-Term Action. 1670–AA00 1670–AA01 Proposed Rule. Proposed Rule. Rule. Rule. Rule. Rule. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Regulation Identifier No. Sequence No. Title 115 .................... 24 CFR 5, 92, 93, 200, 247, 574, 576 578 Violence Against Women Act Reauthorization Act of 2022: Compliance in HUD Housing Programs (FR–6319). 24 CFR 50 Floodplain Management and Protection of Wetlands (FR–6272) ......... 116 .................... Rulemaking stage 2501–AE05 Proposed Rule. 2506–AC54 Proposed Rule. DEPARTMENT OF INTERIOR Regulation Identifier No. Sequence No. Title 117 .................... Onshore Oil and Gas Operations—Annual Civil Penalties Inflation Adjustments ... 1004–AE91 Rulemaking stage Final Rule. DEPARTMENT OF JUSTICE Title 118 .................... Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Implementation of the ADA Amendments Act of 2008: Federally Conducted (Section 504 of the Rehabilitation Act of 1973). Nondiscrimination on the Basis of Disability by State and Local Governments: Medical Diagnostic Equipment. Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Governments. Nondiscrimination on the Basis of Disability by State and Local Governments; Public Right-of-Way. Medications to Prevent Narcotic Opioid Withdrawal Symptoms .............................. 119 .................... lotter on DSK11XQN23PROD with NOTICES1 Regulation Identifier No. Sequence No. 120 .................... 121 .................... 122 .................... 123 .................... VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM Rulemaking stage 1120–AB79 Final Rule. 1190–AA73 Proposed Rule. 1190–AA78 Proposed Rule. 1190–AA79 Proposed Rule. 1190–AA77 Long-Term Action. 1117–AB73 Proposed Rule. 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda 10975 DEPARTMENT OF JUSTICE—Continued Regulation Identifier No. Sequence No. Title 124 .................... 125 .................... 126 .................... Expansion of Induction of Buprenorphine via Telemedicine Encounter .................. Bars to Asylum Eligibility and Related Procedures .................................................. Particular Social Group and Related Definitions and Interpretations for Asylum and Withholding of Removal. Procedures for Asylum and Withholding of Removal .............................................. Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure. Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal and CAT Protection Claims by Asylum Officers. 127 .................... 128 .................... 129 .................... Title 130 .................... Final Action on Proposal to Rescind Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption. Pre-enforcement Notice and Conciliation Procedures ............................................. Form LM–10 Employer Report ................................................................................. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. Nondisplacement of Qualified Workers Under Service Contracts ........................... Updating the Davis-Bacon and Related Acts Regulations ...................................... Wagner-Peyser Act Staffing ..................................................................................... Definition of the Term ‘‘Fiduciary’’ ............................................................................ Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021. Respirable Crystalline Silica ..................................................................................... Safety Program for Surface Mobile Equipment ....................................................... Prevention of Workplace Violence in Health Care and Social Assistance .............. Heat Illness Prevention in Outdoor and Indoor Work Settings ................................ Infectious Diseases .................................................................................................. Occupational Exposure to COVID–19 in Healthcare Settings ................................. 131 .................... 132 .................... 133 .................... 134 135 136 137 138 .................... .................... .................... .................... .................... 139 140 141 142 143 144 .................... .................... .................... .................... .................... .................... 1117–AB78 1125–AB12 1125–AB13 Proposed Rule. Proposed Rule. Proposed Rule. 1125–AB15 1125–AB18 Proposed Rule. Proposed Rule. 1125–AB20 Final Rule. Regulation Identifier No. Sequence No. Rulemaking stage Rulemaking stage 1250–AA09 Final Rule. 1250–AA14 1245–AA13 1235–AA39 Final Rule. Final Rule. Proposed Rule. 1235–AA42 1235–AA40 1205–AC02 1210–AC02 1210–AC11 Proposed Rule. Final Rule. Final Rule. Proposed Rule. Proposed Rule. 1219–AB36 1219–AB91 1218–AD08 1218–AD39 1218–AC46 1218–AD36 Proposed Rule. Final Rule. Prerule. Prerule. Proposed Rule. Final Rule. DEPARTMENT OF TRANSPORTATION Sequence No. 145 146 147 148 149 150 151 .................... .................... .................... .................... .................... .................... .................... 152 .................... 153 .................... 154 .................... Regulation Identifier No. Title +Enhancing Transparency of Airline Ancillary Service Fees ................................... +Accessible Lavatories on Single-Aisle Aircraft: Part II ........................................... +Safety Management System for Parts 21, 91, 135 and 145 ................................. +National Electric Vehicle Infrastructure Formula Program ..................................... +Heavy Vehicle Automatic Emergency Braking ....................................................... +Light Vehicle Automatic Emergency Braking (AEB) with Pedestrian AEB ............ +Fuel Efficiency and Greenhouse Gas Standards for Medium- and Heavy-Duty Engines and Vehicles. +Light Vehicle CAFE Standards Beyond MY 2026 ................................................. +Train Crew Staffing ................................................................................................. +Pipeline Safety: Class Location Requirements ...................................................... Rulemaking stage 2105–AF10 2105–AE89 2120–AL60 2125–AG10 2127–AM36 2127–AM37 2127–AM39 Proposed Rule. Final Rule. Proposed Rule. Final Rule. Proposed Rule. Proposed Rule. Proposed Rule. 2127–AM55 2130–AC88 2137–AF29 Proposed Rule. Proposed Rule. Final Rule. DEPARTMENT OF VETERANS AFFAIRS Title 155 .................... Updating VA Adjudication Regulations for Disability or Death Benefit Claims Related to Herbicide Exposure. Pilot Veterans Services Organization Complementary and Integrative Health SelfCare Well-Being Center Grant Program. Expanded Burial Benefits ......................................................................................... Updating VA Adjudication Regulations for Disability or Death Benefits Based on Toxic Exposure. Reevaluation of Claims for Dependency and Indemnity Compensation Based on Public Law 117–168. Authorization of Electronic Notice in Claims Under Laws Administered by the Secretary of Veterans Affairs. Modifying Copayments for Veterans at High Risk for Suicide ................................. Home Visits in Program of Comprehensive Assistance for Family Caregivers During COVID–19 National Emergency. Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program .................. 156 .................... 157 .................... 158 .................... lotter on DSK11XQN23PROD with NOTICES1 Regulation Identifier No. Sequence No. 159 .................... 160 .................... 161 .................... 162 .................... 163 .................... VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM Rulemaking stage 2900–AR10 Proposed Rule. 2900–AR60 Proposed Rule. 2900–AR69 2900–AR75 Proposed Rule. Proposed Rule. 2900–AR76 Proposed Rule. 2900–AR77 Proposed Rule. 2900–AQ30 2900–AQ96 Final Rule. Final Rule. 2900–AR16 Final Rule. 22FEP2 10976 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda DEPARTMENT OF VETERANS AFFAIRS—Continued Regulation Identifier No. Sequence No. Title 164 .................... 165 .................... Copayment Exemption for Indian Veterans ............................................................. Technical Revisions to Expand Health Care for Certain Toxic Exposure and Overseas Contingency Service. Procedural Updates for the PACT Act ..................................................................... 166 .................... Rulemaking stage 2900–AR48 2900–AR73 Final Rule. Final Rule. 2900–AR74 Final Rule. ENVIRONMENTAL PROTECTION AGENCY Title 167 .................... Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under Subsection (h) of the American Innovation and Manufacturing Act of 2020. PFAS-Related Designations as CERCLA Hazardous Substances ......................... National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations. Amendments to the NSPS for GHG Emissions From New, Modified, & Reconstructed Stationary Sources: EGUs. Emission Guidelines for Greenhouse Gas Emissions From Fossil Fuel-Fired Existing Electric Generating Units. Volume Requirements for 2023 and Beyond Under the Renewable Fuel Standard Program. New Source Performance Standards and Emission Guidelines for Crude Oil and Natural Gas Facilities: Climate Review. Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act. Revisions to the Air Emission Reporting Requirements (AERR) ............................ Phasedown of Hydrofluorocarbons: Allowance Allocation Methodology for 2024 and Later Years. Restrictions on Certain Uses of Hydrofluorocarbons Under Subsection (i) of the American Innovation and Manufacturing Act. Implementing Regulations Under 40 CFR Part 60 Subpart Ba Adoption and Submittal of State Plans for Designated Facilities. Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles. Reconsideration of the National Ambient Air Quality Standards for Particulate Matter. NESHAP: Coal-and Oil-Fired Electric Utility Steam Generating Units-Review of the Residual Risk and Technology Review. Methane Emissions and Waste Reduction Incentive Program and Revisions to the Mandatory Greenhouse Gas Reporting Rule for Petroleum and Natural Gas Systems. Fees for the Administration of the Toxic Substances Control Act (TSCA) .............. Methylene Chloride; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA). 1-Bromopropane; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA). Carbon Tetrachloride; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA). Trichloroethylene; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA). Perchloroethylene; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA). N-Methylpyrrolidone; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA). Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA). Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels. Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments. Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives. Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents. Definition of Hazardous Waste Applicable to Corrective Action for Solid Waste Management Units. Reporting Requirements for Emissions From Animal Waste Under the Emergency Planning and Community Right-to-Know Act. Federal Baseline Water Quality Standards for Indian Reservations ....................... 168 .................... 169 .................... 170 .................... 171 .................... 172 .................... 173 .................... 174 .................... 175 .................... 176 .................... 177 .................... 178 .................... 179 .................... 180 .................... 181 .................... 182 .................... 183 .................... 184 .................... 185 .................... 186 .................... 187 .................... 188 .................... 189 .................... 190 .................... 191 .................... 192 .................... 193 .................... lotter on DSK11XQN23PROD with NOTICES1 Regulation Identifier No. Sequence No. 194 .................... 195 .................... 196 .................... 197 .................... VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM Rulemaking stage 2060–AV84 Prerule. 2050–AH25 2060–AU37 Prerule. Proposed Rule. 2060–AV09 Proposed Rule. 2060–AV10 Proposed Rule. 2060–AV14 Proposed Rule. 2060–AV16 Proposed Rule. 2060–AV20 Proposed Rule. 2060–AV41 2060–AV45 Proposed Rule. Proposed Rule. 2060–AV46 Proposed Rule. 2060–AV48 Proposed Rule. 2060–AV49 Proposed Rule. 2060–AV52 Proposed Rule. 2060–AV53 Proposed Rule. 2060–AV83 Proposed Rule. 2070–AK64 2070–AK70 Proposed Rule. Proposed Rule. 2070–AK73 Proposed Rule. 2070–AK82 Proposed Rule. 2070–AK83 Proposed Rule. 2070–AK84 Proposed Rule. 2070–AK85 Proposed Rule. 2070–AK90 Proposed Rule. 2070–AK91 Proposed Rule. 2050–AH14 Proposed Rule. 2050–AH24 Proposed Rule. 2050–AH26 Proposed Rule. 2050–AH27 Proposed Rule. 2050–AH28 Proposed Rule. 2040–AF62 Proposed Rule. 22FEP2 10977 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda ENVIRONMENTAL PROTECTION AGENCY—Continued Regulation Identifier No. Sequence No. Title 198 .................... 199 .................... Revised Definition of ‘‘Waters of the United States’’ ............................................... National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI) (. Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights Per- and Polyfluoroalkyl Substances (PFAS) National Primary Drinking Water Regulation Rulemaking. Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category. Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards. NESHAP: Coal- and Oil-Fired Electric Utility Steam Generating Units-Revocation of the 2020 Reconsideration, and Affirmation of the Appropriate and Necessary Supplemental Finding. Pesticides; Exemptions of Certain Plant-Incorporated Protectants (PIPs) Derived From Newer Technologies. Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(a) of the Toxic Substances Control Act (TSCA). Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Federal CCR Permit Program. Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Implementation of Closure. Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention. Clean Water Act Section 401: Water Quality Certification ...................................... Revised Definition of ‘‘Waters of the United States’’ ............................................... 200 .................... 201 .................... 202 .................... 203 .................... 204 .................... 205 .................... 206 .................... 207 .................... 208 .................... 209 .................... 210 .................... 211 .................... Rulemaking stage 2040–AG13 2040–AG16 Proposed Rule. Proposed Rule. 2040–AG17 2040–AG18 Proposed Rule. Proposed Rule. 2040–AG23 Proposed Rule. 2060–AU41 Final Rule. 2060–AV12 Final Rule. 2070–AK54 Final Rule. 2070–AK86 Final Rule. 2050–AH07 Final Rule. 2050–AH18 Final Rule. 2050–AH22 Final Rule. 2040–AG12 2040–AG19 Final Rule. Final Rule. OFFICE OF PERSONNEL MANAGEMENT Regulation Identifier No. Sequence No. Title 212 .................... Postal Service Health Benefits Program .................................................................. 3206–AO43 Rulemaking stage Final Rule. PENSION BENEFIT GUARANTY CORPORATION Regulation Identifier No. Sequence No. Title 213 .................... 214 .................... Actuarial Assumptions for Determining an Employer’s Withdrawal Liability ............ Special Financial Assistance by PBGC ................................................................... 1212–AB54 1212–AB53 Rulemaking stage Proposed Rule. Final Rule. SOCIAL SECURITY ADMINISTRATION Sequence No. 215 216 217 218 .................... .................... .................... .................... Regulation Identifier No. Title Use of Electronic Payroll Data To Improve Program Administration ....................... Omitting Food From In-Kind Support and Maintenance Calculations ..................... Social Security Number Use in Government Records ............................................. Revised Medical Criteria for Evaluating Digestive Disorders and Skin Disorders .. 0960–AH88 0960–AI60 0960–AI80 0960–AG65 Rulemaking stage Proposed Proposed Proposed Proposed Rule. Rule. Rule. Rule. lotter on DSK11XQN23PROD with NOTICES1 CONSUMER PRODUCT SAFETY COMMISSION Regulation Identifier No. Sequence No. Title 219 .................... 220 .................... Regulatory Options for Table Saws ......................................................................... Petition for Rulemaking to Eliminate Accessible Cords on Window Covering Products. Furniture Tip Overs: Clothing Storage Units ............................................................ 221 .................... VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM Rulemaking stage 3041–AC31 3041–AD31 Final Rule. Final Rule. 3041–AD65 Final Rule. 22FEP2 10978 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda NUCLEAR REGULATORY COMMISSION Title 222 .................... Enhanced Weapons for Spent Fuel Storage Installations and Transportation— Section 161A Authority [NRC–2015–0018]. American Society of Mechanical Engineers Code Cases and Update Frequency [NRC–2018–0291]. Risk-Informed, Technology Inclusive Regulatory Framework [NRC–2019–0062] ... Renewing Nuclear Power Plant Operating Licenses—Environmental Review [NRC–2018–0296]. Revision of Fee Schedules: Fee Recovery for FY 2023 [NRC–2021–0024] .......... 223 .................... 224 .................... 225 .................... 226 .................... DEPARTMENT OF AGRICULTURE lotter on DSK11XQN23PROD with NOTICES1 Regulation Identifier No. Sequence No. Statement of Regulatory Priorities The U.S. Department of Agriculture’s (USDA) fall 2022 Regulatory Agenda and Plan prioritizes initiatives fostering 21st century innovation like delivering broadband to farmers, ranchers, small businesses, and rural communities, addressing the effects of climate change such as drought and wildfire risks via climate-smart agriculture, expanding economic and market opportunity at home and abroad, job creation, improving access and delivery of our programs, particularly among historically underserved people and communities, and tackling food and nutrition insecurity while maintaining a safe food supply. Meanwhile, as we’ve responded to immediate needs during the past two years, USDA will continue to leverage our existing programs in response to those unforeseen domestic and international events and national emergencies that impact the American farm economy, schools, individual households, and our National Forests. Finally, we note that all USDA programs, including the priorities contained in this Regulatory Plan, will be structured to advance the cause of equity by removing barriers and opening new opportunities. In 2022, the USDA: Risk Management Agency implemented the Pandemic Cover Crop Program that reduced crop insurance premiums for agricultural producers to help them maintain cover crop systems, an important conservation practice, while keeping producers eligible for a premium benefit under the program. Food and Nutrition Service (FNS) implemented a final rule that establishes Standards for Milk, Whole Grains, and Sodium in its Child Nutrition Programs for school years 2022–2023 and 2023–2024 to give schools time to transition in the short term as FNS works to develop long-term nutrition standards—based on the newest Dietary Guidelines for America and extensive input from a wide range of partners—that will work for schools, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 families, and industry alike. In 2022, FNS also implemented streamlining requirements in its Child Nutrition Programs to simplify the application process, enhance monitoring requirements, offer more clarity on existing requirements, and provide more discretion at the State agency level to manage program operations. In late 2022, USDA plans to announce Phase 2 of the Emergency Relief Program that provides assistance to producers who suffered crop losses due to qualifying disaster events, and the Pandemic Assistance Revenue Program, a new program that provides support for agricultural producers impacted by the COVID–19 pandemic. In addition, this action makes changes to the Coronavirus Food Assistance Program; the Emergency Conservation Program; the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program; the Livestock Forage Disaster Program; the Livestock Indemnity Program; the Noninsured Crop Disaster Assistance Program; and general payment eligibility provisions. For more information about this rule, see RIN 0503–AA75. Outlined below are some of USDA’s most important upcoming regulatory actions for 2023. These include efforts to restore and expand economic opportunity; address the climate crisis; and support agricultural markets that are free, open and promote competition. This Regulatory Plan also reflects USDA’s continued commitments to ensuring a safe and nutritious food supply and animal welfare protections. As always, our Semiannual Regulatory Agenda contains information on a broad-spectrum of USDA’s initiatives and upcoming regulatory actions. Combat Climate Change To Support America’s Working Lands, Natural Resources and Communities Special Areas; Roadless Area Conservation; National Forest System Lands in Alaska: In November 2021, USDA proposed to repeal a final rule promulgated in 2020 that exempted the PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 Rulemaking stage 3150–AJ55 Prerule. 3150–AK23 Proposed Rule. 3150–AK31 3150–AK32 Proposed Rule. Proposed Rule. 3150–AK58 Proposed Rule. Tongass National Forest from the 2001 Roadless Area Conservation Rule (2001 Roadless Rule). The 2001 Roadless Rule prohibited timber harvest and road construction or reconstruction within designated Inventoried Roadless Areas, with limited exceptions. USDA is planning to finalize this proposed rule in a manner consistent with President Biden’s Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, directing review of Federal regulations issued during the previous four years that may conflict with protecting the environment, and in support of efforts to confront the climate crisis. For more information about this rule, see RIN 0596–AD51. Foster an Equitable and Competitive Marketplace for All Agricultural Producers Inclusive Competition and Market Integrity Rules Under the Packers and Stockyards Act: In October 2022, USDA proposed to revise regulations under the Packers and Stockyards (P&S) Act, prohibiting certain prejudices and disadvantages and unjustly discriminatory conduct against covered producers in the livestock, meat, and poultry markets. The proposal identified retaliatory practices that interfere with lawful communications, assertion of rights, and participation in associations, among other protected activities. The proposal also identified unlawfully deceptive practices that violate the P&S Act with respect to contract formation, contract performance, contract termination and contract refusal. The purpose of the final rule is to promote inclusive competition and market integrity in the livestock, meats, and poultry markets. For more information about this rule, see RIN 0581–AE05. Transparency in Poultry Grower Contracting and Tournaments Systems: The final rule would address the use of poultry grower ranking systems as a method of payment and settlement grouping for poultry growers under E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with NOTICES1 contract in poultry growing arrangements with live poultry dealers. The final rule would establish certain requirements with which a live poultry dealer must comply if a poultry grower ranking system is utilized to determine grower payment. A live poultry dealer’s failure to comply would be deemed an unfair, unjustly discriminatory, and deceptive practice according to factors outlined in the final rule. A proposed rule was published in the Federal Register on June 8, 2022, 87 FR 48091. For more information about this rule, see RIN 0581–AE03. Unfair Practices, Undue Preferences, and Harm to Competition under the Packers and Stockyards Act: The proposal would revise regulations under the Packers and Stockyards Act (Act), providing clarity regarding conduct that may violate the Act, including addressing harm to competition. For more information about this rule, see RIN 0581–AE04. Poultry Growing Tournament Systems: Fairness and Related Concerns—Harm to Competition: The proposal seeks to address the use of poultry grower ranking systems, commonly known as ‘‘tournaments’’ in contract poultry production. Based on inputs from poultry growers, the proposal will seek to improve the market for poultry grower services. An advance notice of proposed rulemaking was published in the Federal Register on June 8, 2022, 87 FR 34814. For more information about this rule, see RIN 0581–AE18. Provide All Americans Safe, Nutritious Food USDA’s Food Safety and Inspection Service (FSIS) continues to ensure that meat, poultry, and egg products are safe, wholesome, and properly marked, labeled, and packaged, and prohibits the distribution in-commerce of meat, poultry, and egg products that are adulterated or misbranded. One of FSIS’ top priorities is to develop a more comprehensive and effective strategy to reduce Salmonella illnesses associated with poultry products. The agency is gathering the data and information necessary to support future action and move closer to the national target of a 25 percent reduction in Salmonella illnesses. In addition, to enhance the safety of raw beef products, FSIS is strengthening its sampling and testing programs for shiga-toxin producing Escherichia coli in these products. Moreover, consistent with the President’s priorities of advancing the country’s economic recovery and promoting economic resilience, FSIS is VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 proposing several rules to improve regulatory certainty, which assure consumers that meat, poultry, and egg products are safe and truthfully labeled and fosters fair competition among the regulated industry. In a similar vein, AMS has prepared proposed standards for organic livestock and poultry production. Voluntary Labeling of Meat Products With ‘‘Product of USA’’ and Similar Statements: In accordance with Executive Order 14036, Promoting Competition in the American Economy, FSIS will propose to address concerns that the voluntary ‘‘Product of USA’’ label claim may confuse consumers about the origin of FSIS regulated products and undermine fair competition. FSIS intends to define the voluntary claim so that it is more meaningful to consumers and ensures a fair and competitive marketplace for American farmers and ranchers. For more information about this rule, see RIN 0583–AD87. Labeling of Meat or Poultry Products Comprised of or Containing Cultured Animal Cells; Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed; and Prior Label Approval System: Expansion of Generic Label Approval: FSIS will propose to establish new requirements for the labeling of meat or poultry products made using animal cell culture technology. FSIS also plans to finalize two other labeling rules, one to update nutrition labeling for meat and poultry products and another to expand the categories of meat and poultry product labels deemed generically approved that may be used in commerce without prior FSIS review and approval. The rule expanding the categories of generically approved labels will reduce labeling costs for meat and poultry establishments, including small and very small establishments. The three rules will provide additional certainty about what is required for meat and poultry labeling while ensuring that consumers have accurate information about the food they buy. For more information about these rules, see RINs 0583–AD56, 0583–AD78, and 0583–AD89. National Organic Program; Organic Livestock and Poultry Standards: The final rule would establish standards that support additional practice standards for organic livestock and poultry production. This final action would add provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions (for example, outdoor access, housing environment and stocking densities), PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 10979 health care practices (for example physical alterations, administering medical treatment, euthanasia), and animal handling and transport to and during slaughter. For more information about this rule, see RIN 0581–AE06. FNS’ Child Nutrition Programs: Revisions to Meal Patterns Consistent with the 2020 Guidelines forAmericans: The proposed revisions would revise meal patterns in the National School Lunch Program and School Breakfast Program to make school meals healthier and more consistent with the most recent Dietary Guidelines for Americans while reflecting the nutrient needs of children at risk for food insecurity. For more information about this rule, see RIN 0584–AE88. FNS’ Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages: Consistent with recommendations from the National Academies of Sciences, Engineering, and Medicine and the latest Dietary Guidelines for Americans, the proposal seeks to provide participants with greater choices in variety and food package sizes. For more information about this rule, see RIN 0584–AE82. FNS’ Community Eligibility Provision: Increasing Options for Schools: The Community Eligibility Provision (CEP) is an option for schools to offer no-cost meals to all students without the burden of collecting household applications. This provision saves local educational agencies time and money by streamlining paperwork and administrative requirements and facilitates low-income children’s access to nutritious school meals. This rule would lower the minimum participation threshold, which would expand access to CEP and provide greater flexibility to States and schools that want to use additional State and local funds to provide no-cost meals to students. For more information about this rule, see RIN 0584–AE93. USDA—AGRICULTURAL MARKETING SERVICE (AMS) Proposed Rule Stage 1. Unfair Practices, Undue Preferences, and Harm to Competition Under the Packers and Stockyards Act (AMS– FTPP–21–0046) [0581–AE04] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 to 229c CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This action proposes to revise regulations issued under the Packers and Stockyards Act (Act) (7 E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with NOTICES1 10980 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda U.S.C.181 229c), providing clarity regarding conduct that may violate the Act. Revisions are intended to support market growth, assure fair trade practices and competition, and protect livestock and poultry growers and producers. The action addresses longstanding issues related to competitiveness and showings of harm or likely harm to competition. Statement of Need: Revisions to regulations pertaining to the Packers and Stockyards Act (Act) clarify the types of conduct by packers, swine contractors, or live poultry dealers that the Agricultural Marketing Service (AMS) considers unfair practices or undue preferences and a violation of sections 202(a) or 202(b) of the Act. Sections 202(a) and 202(b) of the P&S Act are broadly written to prohibit unjustly practices and undue preferences. Industry members have complained that the regulations effectuating the Act are too vague and do not provide adequate clarity about the types of conduct or action that are likely to violate the Act. This rule is needed to provide essential clarity about what would be considered violations of the Act. Revisions to regulations pertaining to the Packers and Stockyards Act (Act) that would also clarify the scope of the Act are needed to establish what conduct or action, depending on their nature and the circumstances, violate the Act without a finding of harm or likely harm to competition or as they may relate to harm or likely harm to competition as such terms were contemplated under the Act. Such revisions reflect the Department of Agriculture’s (USDA) longstanding position in this regard. Summary of Legal Basis: The Packers and Stockyards Act (Act) authorizes AMS to determine if conduct within the poultry and livestock industries are unfair practices or undue preferences and, therefore a violation of the Act. The Act provides USDA with the authority to assure fair competition and trade practices and to safeguard farmers against receiving less than the true market value of their livestock. Sections 202(c), (d), and (e) of the Act limit the application of those sections to acts or practices that have an adverse effect on competition, such as acts restraining commerce, creating a monopoly, or producing another type of antitrust injury. However, provisions in sections 202(a) and (b) restrict practices that are deceptive, unfair, unjust, undue, and unreasonable; terms that are understood to encompass more than anticompetitive conduct. USDA’s position is that Congress did not intend application of VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 sections 202(a) and (b) to be limited to instances in which there is harm to competition. Alternatives: USDA considered doing nothing. However, courts are not unanimous in their findings. Further, several courts disagree with USDA’s position. Lack of clarity hinders the agency’s ability to consistently administer and enforce the Act. Anticipated Cost and Benefits: USDA estimate annual costs related to this rule of $9 million for the first five years, decreasing in subsequent years, for total ten-year costs of $66 million. We believe the primary benefit of the proposed regulation is the increased ability to protect producers and growers through enforcement of the Act for violations of section 202(a) and/or (b) that do not result in harm, or a likelihood of harm, to competition. Risks: Courts have recognized that the proper analysis of alleged violations of these two sections depends on the facts of each case. However, four courts of appeals have disagreed with USDA’s interpretation of the Act and have concluded that plaintiffs could not prove their claims under those sections without proving harm to competition or likely harm to competition. There is a risk if future legal challenge of USDA interpretation of sections 202(c), (d), and (e) of the Act. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250–0237, Phone: 202 720–219. RIN: 0581–AE04 USDA—AMS 2. Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS–FTPP–21–0045) [0581–AE05] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 to 229c CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This final rule would supplement a recent revision to regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.181 229c) that provided criteria for the PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 Secretary to consider when determining whether certain conduct or action by packers, swine contractors, or live poultry dealers is unduly or unreasonably or advantageous. Supplemental amendments clarify the conduct the Department considers unfair, preferential unjustly discriminatory, or deceptive and a violation of sections 202(a) and (b) of the Act. The rule also clarifies the criteria and types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and violations of the Act. Statement of Need: Revisions to regulations pertaining to the Packers and Stockyards Act (Act) clarify the types of conduct by packers, swine contractors, or live poultry dealers that the Agricultural Marketing Service (AMS) considers unfair, unjustly discriminatory, or deceptive and a violation of section 202(a) of the Act, regardless of whether such action harms or is likely to harm competition. The rule also clarifies the criteria and/or types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and a violation of section 202(b) of the Act. Sections 202(a) and 202(b) of the P&S Act are broadly written to prohibit unjustly practices and undue preferences and prejudices. Industry members have complained that the regulations effectuating the Act are too vague and do not provide adequate clarity about the types of conduct or action that are likely to violate the Act. This rule is needed to provide essential clarity about what would be considered violations of the Act, regardless of whether such violations harm or are likely to harm competition. Summary of Legal Basis: The Packers and Stockyards Act (Act) authorizes AMS to determine if conduct within the poultry and livestock industries are unfair, unjustly discriminatory, or deceptive and, therefore a violation of the Act. Alternatives: AMS considered taking no further action, allowing 100 years of case law to determine precedent in making determinations about whether certain behaviors violate the Act. AMS also considered revisiting the withdrawn 2016 rulemaking approach that would have identified criteria with which to determine whether certain behaviors violate the Act. Anticipated Cost and Benefits: USDA estimates first-year costs associated with this rule to be $517 thousand, with decreased costs each year thereafter, resulting in a ten-year total cost of $2.88 E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda million. AMS expects this rule to benefit all segments of the industry, providing greater clarity about what would be considered violations of the Act. AMS expects this rule, coupled with a concurrent rule on the scope of the Act, to strengthen enforcement of the Act, resulting in fairer and more competitive markets for producers and poultry growers. Risks: Industry is divided about adding lists or examples of specific prohibited conduct to the regulations. Some argue such lists would inhibit freedom to forge contracts that fit individual situations, while others contend greater specificity is required so that affected parties can more readily identify violative behavior. Industry is also split on the question of whether identified prohibited behaviors must be found to harm or likely harm competition to be considered violations of the Act. AMS expects to resolve some of the controversy by being proactive and transparent with the industry to allow for critical discussions and decisions on the rule. Timetable: Action Date NPRM .................. NPRM Comment Period Extended. NPRM Comment Period End. NPRM Comment Period Extended End. Final Rule ............ 10/03/22 11/30/22 FR Cite 87 FR 60010 87 FR 73507 12/02/22 01/17/23 04/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250–0237, Phone: 202 720–0219. RIN: 0581–AE05 lotter on DSK11XQN23PROD with NOTICES1 USDA—AMS 3. Poultry Growing Tournament Systems: Fairness and Related Concerns—Harm to Competition (AMS– FTPP–22–0046) [0581–AE18] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 et seq., 192 CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This action seeks comments on proposed amendments to regulations VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 that promote transparency in the poultry grower ranking systems, more commonly known as tournaments, in contract poultry production. Proposed amendments serve to remove obstacles to fair contracting. Statement of Need: Executive Order 14036 Promoting Competition in the American Economy, directs the Secretary of Agriculture to address unfair treatment of farmers and improve conditions of competition in their markets by considering rulemaking to address, among other things, certain practices related to poultry grower ranking systems. AMS is responding to numerous complaints from poultry growers about the use of tournament systems and recognizes that measures beyond disclosure and transparency may be necessary to address those practices, given the economic power imbalances and competition concerns that exist in today’s markets. Responses to requests for comment have helped AMS tailor further policy development and rulemaking under the Packers and Stockyards Act, as amended, to address, through specific prohibitions, limits, and/or conventionalities, potential unfairness that may arise from the use of the tournament contracts in the poultry sector. Summary of Legal Basis: Sections 202(a) and 202(b) of the Packers and Stockyards Act prohibits unfair practices and undue preferences. Alternatives: The alternative considered is to continue with other efforts already underway to enhance fair and competitive markets in poultry. These include: (1) a separate rulemaking, under RIN 0581–AE03, in which USDA proposed a series of new transparency measures designed to address many grower concerns relating to deception and lack of access to critical information in connection with poultry contracting and tournament systems; (2) under the American Rescue Plan Act’s provision to enhance supply chain resiliency, investing directly into the creation of new, and expansion of existing, local and regional meat and poultry processing enterprises; and (3) in partnership with DOJ, through such means as a newly established joint complaints and tips portal, www.farmerfairness.gov, enhancing enforcement activities including responding in a more coordinated manner to a range of competition and fair markets concerns. Anticipated Cost and Benefits: AMS is at an early stage of evaluating the costs and benefits of the contemplated regulatory interventions. However, expected benefits include greater certainty, investment, and supply of PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 10981 poultry products, greater returns to poultry growers and enhanced rural economic welfare, and expanded competitive choices in the poultry sector. Expected costs may include compliance costs, such as certain contract change costs. Risks: Agricultural production is an inherently risky endeavor, and returns have some level of risk no matter the marketing channel or structural arrangement. Tournament systems do not insulate growers from the financial risk, liquidity risk, the risk from incomplete contracts, and the lack of control over inputs and production variables. Tournaments also introduce new categories of risks to growers: Group composition risk and added risks of settlement-related deception or fraud. The risks of deception or fraud as discussed above include the inability of growers to verify the accuracy of payments, and to detect discrimination or retaliation. Timetable: Action ANPRM: Request for Comments. ANPRM Comment Period End. NPRM .................. Date 06/08/22 FR Cite 87 FR 34814 09/06/22 07/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Stephen Slinsky, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250, Phone: 901 287–9719, Email: stephen.slinsky@usda.gov. RIN: 0581–AE18 USDA—AMS Final Rule Stage 4. Transparency in Poultry Grower Contracting and Tournaments (AMS– FTPP–21–0044) [0581–AE03] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 to 229c CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This action amends regulations issued under the Packers and Stockyards Act (P&S Act), revising the list of disclosures and information live poultry dealers must furnish to poultry growers and sellers with whom dealers make poultry growing arrangements. The rule establishes parameters for the use of poultry grower ranking systems by dealers to determine settlement payments for poultry growers. Amendments are intended to E:\FR\FM\22FEP2.SGM 22FEP2 10982 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with NOTICES1 promote transparency in poultry production contracting and to give poultry growers relevant information with which to make business decisions. Statement of Need: Differences in size and imbalances of power between parties in contractual poultry growing arrangements can have detrimental effects on one of the contracting parties and may result in marketplace inefficiencies. An often-cited concern is the live poultry dealer’s full control over inputs, e.g., chick, feed, medication, etc., to the poultry growing process. Industry members have asked the Agricultural Marketing Service (AMS) to address such imbalances by specifying the conduct that would be considered violative of the Packers and Stockyards Act (Act). Summary of Legal Basis: The Agricultural Marketing Service (AMS) is delegated authority by the Secretary of Agriculture to enforce the P&S Act. AMS has received numerous complaints regarding the imbalance of power in poultry growing agreements, wherein one side controls all of the inputs, then arbitrarily ranks grower performance against other growers to determine pay. Alternatives: AMS considered finalizing a 2016 proposed rule that would have identified criteria for determining whether a live poultry dealer’s use of a grower ranking system for payment purposes might be unlawful under the Packers and Stockyards Act. Anticipated Cost and Benefits: USDA estimates the first-year costs associated with this proposed rule to be $17.37 million. Subsequent year costs are expected to be significantly less than first-year costs, resulting in a ten-year total cost of $34.64 million. USDA expects the primary benefit of the regulation will be the increased ability to protect poultry growers from unfair practices associated with the use of poultry grower ranking systems. At the same time, the rule is expected to improve efficiencies through the use of new technologies and to reduce market failures among poultry growers. Risks: Extended litigation over legal challenges from the industry could result in the rule being struck down by the courts, hindering the agency’s ability to enforce the Act for years. Timetable: Action Date NPRM .................. NPRM Comment Period End. Notice of Reopening of Comment Period. VerDate Sep<11>2014 FR Cite 06/08/22 08/08/22 87 FR 34980 08/08/22 87 FR 48091 18:12 Feb 21, 2023 Jkt 259001 Action Date NPRM Comment Period End. Final Rule ............ FR Cite 08/23/22 05/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250–0237, Phone: 202 720–0219. RIN: 0581–AE03 USDA—AMS 5. Organic Livestock and Poultry Standards (AMS–NOP–21–0073) [0581– AE06] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 7 U.S.C. 6501 to 7 U.S.C. 6524 CFR Citation: 7 CFR 205. Legal Deadline: None. Abstract: This action establishes additional practice standards for organic livestock and poultry production. The rule amends the USDA organic regulations related to: livestock and poultry living conditions (for example, outdoor access, housing environment, and stocking densities); animal health care (for example, physical alterations, administering medical treatment, and euthanasia); animal transport; and slaughter. Statement of Need: The Organic Livestock and Poultry Standards (OLPS) rule is needed to clarify the USDA organic standards for livestock and poultry living conditions and health practices. The current regulations for livestock production provide general requirements but some of these provisions are ambiguous and have led to inconsistent divergent practices, particularly in the organic poultry sector. This rule responds to nine recommendations from the National Organic Standards Board and findings from a USDA Office of Inspector General (OIG) report. (See USDA, Office of the Inspector General. March 2010. Audit Report 01601–03–Hy, Oversight of the National Organic Program. Available at: https://www.usda.gov/oig/ rptsauditsams.htm.) This rule includes provisions to support the expression of natural behaviors and the welfare of organic livestock and poultry. Summary of Legal Basis: OLPS is authorized by the Organic Foods PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 Production Act of 1990 (OFPA), 7 U.S.C. 65016524. OFPA authorizes the USDA to establish national standards governing the marketing of certain agricultural products as organically produced products to assure consumers that organically produced products meet a consistent standard and to facilitate interstate commerce in fresh and processed food that is organically produced. Alternatives: AMS considered several alternatives and presents these in the rule. AMS presents two compliance date alternatives in the rule that would affect the costs and benefits of the rule. Additionally, AMS discusses alternatives to specific policies included in the rule, including alternative indoor and outdoor space requirements, and non-regulatory alternatives, including consumer education or no rule. Anticipated Cost and Benefits: AMS assumes no costs or benefits are accumulated for clarifying and codifying existing practices. However, AMS does expect costs and benefits to occur for organic broiler production through increased indoor space and for organic broilers and in egg production through increased outdoor access for layers. AMS estimates that the discounted costs for layer operations would range between $3.6 million and $8.4 million annually. To monetize the benefits of this rule, AMS used research that measured consumers’ willingness-topay for outdoor access at a premium of between $0.16 and $0.25 per dozen eggs, controlling for other factors, including the organic label. Based on this, AMS estimates the annually discounted benefits falling between $11.6 million to $27.1 million. AMS estimates that the total annual discounted costs for broiler compliance would be between $5.7 million and $6.3 million. The benefits for broilers are calculated using a willingness-to-pay at a premium of $0.34/lb. With this willingness-to-pay, the annual discounted benefits range between $97 million and $107 million. Qualitatively, AMS also anticipates the rule will establish a clear standard protecting the value of the USDA organic seal to consumers, provide a consistent, level playing field for organic livestock producers, and facilitate enforcement of organic livestock and poultry standards. Risks: This rule is similar to the rule published on January 19, 2017 (82 FR 7042). That rule was subsequently withdrawn and never became effective. The USDA continues to face two legal challenges related to the withdrawal of that rule. USDA argued in its E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda withdrawal of the rule that USDA had no authority under the Organic Foods Production Act to promulgate the rule, so there is legal risk in reversing direction and publishing a similar rule. Publishing a new proposed rule indicated that the USDA is taking new steps to advance the regulations. This has been viewed favorably by some, although others would prefer reinstating the January 2017 rule without the associated steps required to finalize a new rule. Timetable: Action Date NPRM .................. NPRM Comment Period End. Comment Period Extended. Comment Period Extended End. Final Rule ............ FR Cite 08/09/22 10/11/22 87 FR 48562 10/11/22 87 FR 61268 11/10/22 04/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Erin Healy, Director, Standards Division, National Organic Program, Department of Agriculture, Agricultural Marketing Service, Washington, DC 20024, Phone: 202 617– 4942, Email: erin.healy@usda.gov. Related RIN: Related to 0581–AD44, Related to 0581–AD74, Related to 0581– AD75 RIN: 0581–AE06 USDA—FOOD AND NUTRITION SERVICE (FNS) lotter on DSK11XQN23PROD with NOTICES1 Proposed Rule Stage 6. Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages [0584–AE82] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 1786, sec. 17(f)(11)(C) CFR Citation: 7 CFR 246.10. Legal Deadline: None. Abstract: This proposed rulemaking would amend regulations governing the WIC food packages to: (1) incorporate recommendations of the National Academies of Science, Engineering, and Medicine 2017 scientific report, Review of WIC Food Packages: Improving Balance and Choice; (2) align with 2020 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Dietary Guidelines for Americans; and (3) make other administrative revisions or clarifications to food package requirements. Statement of Need: The National Academies of Sciences, Engineering, and Medicine (NASEM) issued a 2017 report with recommendations to align the WIC food packages with the available nutrition science and to reflect the supplemental nature of the Program. In December 2020, the USDA and the Department of Health and Human Services released the 2020–2025 Dietary Guidelines for Americans (DGAs). USDA FNS will propose rulemaking to incorporate NASEM recommendations and align the food package with the latest DGAs. Summary of Legal Basis: 42 U.S.C. 1786, sec. 17(f)(11)(C). Alternatives: N/A. Anticipated Cost and Benefits: This is discussed in the Regulatory Impact Analysis which was published on November 21, 2022 as an appendix to the rule, available at 87 FR 71090. Risks: N/A. Timetable: Action Date NPRM .................. NPRM Comment Period End. 11/21/22 02/21/23 FR Cite 87 FR 71090 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, Local, State. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305– 2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457–7713, Email: maureen.lydon@usda.gov. RIN: 0584–AE82 USDA—FNS 7. Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans [0584–AE88] Priority: Economically Significant. Major under 5 U.S.C. 801. PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 10983 Legal Authority: 42 U.S.C. 1758, sec. 9(f)(1) CFR Citation: 7 CFR 210.10; 7 CFR 210.11; 7 CFR 215.7a; 7 CFR 220.8; 7 CFR 226.20; . . . Legal Deadline: None. Abstract: This rule will propose longterm school nutrition standards based on the Dietary Guidelines for Americans, 2020–2025, and feedback from child nutrition program stakeholders. The proposed revisions are expected to make school meals more nutritious and more consistent with the goals of the most recent Dietary Guidelines, as required by statute. In addition, FNS is merging ‘‘Buy American Provision in the National School Lunch and School Breakfast Programs’’ (0584–AE91),which was listed as a long-term rule on the Fall 2021 Regulatory Agenda, with this rule (0584–AE88). When developing this proposed rule, FNS will consider comments submitted in response to the February 2022 final rule, ‘‘Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium’’ (0584–AE81). FNS will also consider comments submitted in response to the August 2021 ‘‘Request for Information: Buy American in the National School Lunch Program and School Breakfast Program,’’ including feedback on how FNS can better support local schools as they strive to purchase domestic foods and food products. Statement of Need: The proposed revisions are needed to make school meals more nutritious and more consistent with the goals of the most recent Dietary Guidelines, as required by statute. Summary of Legal Basis: 42 U.S.C. 1758, sec. 9(f)(1). Alternatives: Alternatives not identified to date. Anticipated Cost and Benefits: These would be addressed in the Regulatory Impact Analysis for the rule. Risks: None known at this time. Timetable: Action NPRM .................. E:\FR\FM\22FEP2.SGM 22FEP2 Date 01/00/23 FR Cite 10984 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Local, State. Federalism: Undetermined. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305– 2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457–7713, Email: maureen.lydon@usda.gov. Related RIN: Merged with 0584– AE913 RIN: 0584–AE88 year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40 percent.’’ Alternatives: None. Anticipated Cost and Benefits: Expanding access to CEP to additional schools is not expected to measurably increase costs to the Federal government due to the cost sharing aspect. FNS anticipates that this provision could impact State and/or local costs. FNS expects that local educational agencies that choose to elect CEP at lower eligibility levels will have increased State and/or local obligations. A cost/ benefit analysis will be addressed in the economic analysis section to be included within the rule. Risks: No risks have been identified at this time. Timetable: USDA—FNS lotter on DSK11XQN23PROD with NOTICES1 8. • Community Eligibility Provision: Increasing Options for Schools [0584– AE93] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 42 U.S.C. 1759a(a)(1)(F) CFR Citation: 7 CFR 245.9. Legal Deadline: None. Abstract: This proposed rule would lower the minimum participation threshold for Community Eligibility Provision (CEP) elections. Currently, to elect CEP, a local educational agency (LEA), group of schools, or individual school must meet a minimum identified student percentage threshold of 40 percent. This rule would lower the minimum participation threshold, which would provide an additional option for LEAs and schools to receive special assistance payments as Federal reimbursement for meals served to students, in lieu of taking applications. Statement of Need: The Community Eligibility Provision (CEP) is an option for schools to offer no-cost meals to all students without the burden of collecting household applications. This provision saves local educational agencies time and money by streamlining paperwork and administrative requirements and facilitates low-income children’s access to nutritious school meals. Lowering the participation threshold expands access to CEP and provides greater flexibility to States and schools that want to use additional State and local funds to provide no-cost meals to students. Summary of Legal Basis: Per the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(viii)(II)): ‘‘For each school VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Action Date NPRM .................. FR Cite 07/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Governmental Jurisdictions. Government Levels Affected: Federal, Local, State, Tribal. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305– 2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457–7713, Email: maureen.lydon@usda.gov. RIN: 0584–AE93 certain emergencies, disasters, and supply chain disruptions impacting WIC. FNS would make other related technical corrections and updates as necessary to modernize applicable WIC Program regulations. Statement of Need: This rule would codify requirements for State agencies to include language in their WIC infant formula rebate contracts that describes remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to program participants in the State (i.e., ensure that WIC participants can purchase formula using WIC benefits). The rule would also codify permanent expanded waiver authority to aid participants in obtaining and redeeming WIC benefits during certain emergencies, disasters, and supply chain disruptions impacting WIC. Finally, the rule would make other miscellaneous technical corrections and updates as necessary to update WIC regulations. Summary of Legal Basis: The Access to Baby Formula Act of 2022 (ABFA, Pub. L. 117–129) amends section 17 of the Child Nutrition Act of 1966 (Pub. L. 89–642). Alternatives: No alternatives have been identified at this time. Anticipated Cost and Benefits: The costs associated with implementing the rule’s regulatory requirements are not expected to significantly add to current program costs at the State and local levels. Risks: No risks have been identified at this time. Timetable: USDA—FNS Action Date FR Cite Final Rule Stage 9. • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions [0584–AE94] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: Pub. L. 117–129 CFR Citation: 7 CFR 246. Legal Deadline: None. Abstract: This rule would amend 7 CFR 246 to codify the provisions of the Access to Baby Formula Act of 2022 (ABFA). ABFA amends Section 17 of the Child Nutrition Act of 1966 to (1) add requirements to State agency infant formula cost containment contracts; and (2) establish waiver authority to the Secretary of Agriculture to address PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 Final Rule With Comment. 05/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Local, State. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305– 2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457–7713, Email: maureen.lydon@usda.gov. RIN: 0584–AE94 E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda USDA—FOOD SAFETY AND INSPECTION SERVICE (FSIS) Proposed Rule Stage lotter on DSK11XQN23PROD with NOTICES1 10. Voluntary Labeling of Products With ‘‘Product of USA’’ and Similar Statements [0583–AD87] Priority: Other Significant. Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21 U.S.C. 1031 et seq. CFR Citation: 9 CFR 317.8. Legal Deadline: None. Abstract: The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to define the conditions under which the labeling of products can bear voluntary statements indicating that the product is of United States (U.S.) origin, such as Product of USA or Made in the USA. Statement of Need: In 2018 and 2019, FSIS received two petitions requesting that it change its policy regarding the labeling of meat products to indicate U.S. origin. After considering the petitions and the public comments submitted in response to them, FSIS concluded that adherence to the current labeling policy guidance may be causing confusion in the marketplace with respect to certain imported products and that the current labeling policy may no longer meet consumer expectations of what the Product of USA claim signifies. In 2021, FSIS received another petition related to its Product of USA policy. The Agency wants to ensure that any changes to its current policy are accomplished by an open and transparent process. Therefore, FSIS commissioned a consumer survey and decided that, instead of changing the Policy Book entry, it would initiate rulemaking to define the conditions under which the labeling of FSISregulated products would be permitted to bear voluntary statements indicating that the product is of U.S. origin. Summary of Legal Basis: Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601–695, at 607), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451–470, at 457), and the Egg Products Inspection Act (21 U.S.C. 1031–1056, at 1036) (the Acts), the labels of meat, poultry, and egg products must be approved by the Secretary of Agriculture, who has delegated this authority to FSIS, before these products can enter commerce. The Acts prohibit the sale or offer for sale by any person, firm, or corporation of any article in commerce under any name or other marking or labeling that is false or misleading or in any container of a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The Acts also VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 prohibit the distribution in commerce of meat or poultry products that are adulterated or misbranded. The FMIA and PPIA give FSIS broad authority to promulgate such rules and regulations as are necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 463(b)). Alternatives: FSIS has considered the current labeling guidance and the alternatives proposed in the two petitions: (1) to amend the FSIS Policy Book to state that FSIS-regulated products may be labeled as Product of USA only if significant ingredients are of domestic origin and; (2) to amend the FSIS Policy Book to provide that any FSIS regulated product labeled as Made in the USA, Product of the USA, USA Beef or in any other manner that suggests that the origin is the United States, be derived from animals that have been born, raised, and slaughtered in the United States. FSIS is conducting a comprehensive review of origin labeling claims and conducting a consumer perception survey pursuant to developing the proposed regulations. Anticipated Cost and Benefits: Establishments may incur costs associated with voluntarily changing their labels as a result of any revised Product of USA labeling claim definition. This proposed rule is expected to benefit consumers as well as producers by providing them more specific information on what Product of USA means for FSIS-regulated products. Risks: N/A. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Melissa Hammar, Acting Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250–3700, Phone: 202 720–2096, Email: melissa.hammar@usda.gov. RIN: 0583–AD87 USDA—FSIS 11. Labeling of Meat and Poultry Products Made Using Animal Cell Culture Technology [0583–AD89] Priority: Other Significant. Legal Authority: 21 U.S.C. 451 et seq. CFR Citation: 9 CFR ch. III. Legal Deadline: None. PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 10985 Abstract: This notice of proposed rulemaking seeks public comments to inform future Food Safety and Inspection Service (FSIS) regulations for the labeling of meat and poultry products made using animal cell culture technology. Statement of Need: Many companies, both domestic and foreign, are currently developing cultured products derived from the cells of food animals amenable to the Federal Meat Inspection Act (FMIA; 21 U.S.C. 601 et seq.) (cattle, sheep, swine, goats, and fish of the order Siluriformes, e.g., catfish) or the Poultry Products Inspection Act (PPIA; 21 U.S.C. 451 et seq.) (chickens, turkeys, ducks, geese, guineas, ratites, and squabs). Human food products derived from these species fall under FSIS jurisdiction. Summary of Legal Basis: The Federal Meat Inspection Act (FMIA; 21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (PPIA; 21 U.S.C. 451 et seq.) require that meat and poultry products be truthfully and accurately labeled and that their labels be preapproved by FSIS (21 U.S.C. 607(d) and 457(c), respectively), prior to movement in commerce. FSIS issues labeling regulations and reviews and approves meat and poultry product labels pursuant to these statutory labeling requirements. Food products made using animal cell culture technology and derived from the cells of livestock subject to the FMIA or the PPIA are subject to the labeling (and other applicable) requirements of these Acts and the regulations issued thereunder. Alternatives: FSIS will consider at least three alternatives for the rule: (1) Adopting a naming convention that is preferred by cellular agriculture industry; (2) Adopting a naming convention that is preferred by traditional agriculture industry; (3) Adopting a naming convention that is preferred by consumers groups. Anticipated Cost and Benefits: This proposed rule would benefit the public by providing truthful and accurate labeling of meat and poultry products produced using animal cell culture technology. FSIS expects its costs to be minimal and that current FSIS staffing would meet sketch approval needs. Risks: None. Timetable: Action ANPRM ............... ANPRM Comment Period End. NPRM .................. E:\FR\FM\22FEP2.SGM 22FEP2 Date 09/03/21 12/02/21 08/00/23 FR Cite 86 FR 49491 10986 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Melissa Hammar, Acting Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250–3700, Phone: 202 720–2096, Email: melissa.hammar@usda.gov. RIN: 0583–AD89 USDA—FSIS lotter on DSK11XQN23PROD with NOTICES1 Final Rule Stage 12. Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed [0583–AD56] Priority: Other Significant. Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq. CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413. Legal Deadline: None. Abstract: Consistent with the changes that the Food and Drug Administration (FDA) finalized, the Food Safety and Inspection Service (FSIS) is amending the Federal meat and poultry products inspection regulations to update and revise the nutrition labeling requirements for meat and poultry products to reflect recent scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices. Statement of Need: On May 27, 2016, the Food and Drug Administration (FDA) published two final rules: (1) ‘‘Food Labeling: Revision of the Nutrition and Supplement Facts Labels’’ (81 FR 33742); and (2) ‘‘Food Labeling: Serving Sizes of Foods that Can Reasonably be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments’’ (81 FR 34000). FDA finalized these rules to update the Nutrition Facts label to reflect new nutrition and public health research, to reflect recent dietary recommendations from expert groups, and to improve the presentation of nutrition information to help consumers make more informed choices and maintain healthy dietary practices. FSIS has reviewed FDA’s analysis and, to ensure that nutrition information is presented consistently across the food VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 supply, FSIS is amending the nutrition labeling regulations for meat and poultry products to parallel, to the extent possible, FDA’s regulations. This approach will help increase clarity of information for consumers and will improve efficiency in the marketplace. Summary of Legal Basis: Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601–695, at 607), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451–470, at 457), and the Egg Products Inspection Act (21 U.S.C. 1031–1056, at 1036) (the Acts), the labels of meat, poultry, and egg products must be approved by the Secretary of Agriculture, who has delegated this authority to FSIS, before these products can enter commerce. The Acts prohibit the sale or offer for sale by any person, firm, or corporation of any article in commerce under any name or other marking or labeling that is false or misleading or in any container of a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The Acts also prohibit the distribution in commerce of meat or poultry products that are adulterated or misbranded. The FMIA and PPIA give FSIS broad authority to promulgate such rules and regulations as are necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 463(b)). To prevent meat and poultry products from being misbranded, the meat and poultry product inspection regulations require that the labels of meat and poultry products include specific information, such as nutrition labels, and that such information be displayed as prescribed in the regulations (9 CFR part 317 and part 381). The nutrition labeling requirements for meat and meat food products are in 9 CFR 317.300– 317.400, and the nutrition labeling requirements for poultry products are in 9 CFR 381.400–381.500. Alternatives: FSIS considered three alternatives for the final rule: (1.) No action; (2.) A 24-month compliance period for large businesses and a 36month compliance period for small businesses (as proposed); or (3.) A 12month compliance period for large businesses and a 24-month compliance period for small businesses for faster label harmonization. Anticipated Cost and Benefits: These regulations are expected to benefit consumers by increasing and improving dietary information available in the market. Firms will incur a one-time cost for relabeling, recordkeeping costs, and costs associated with voluntary reformulation. Many firms have voluntarily begun using the FDA format, which will reduce costs. Risks: None. PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 Timetable: Action NPRM .................. NPRM Comment Period End. Final Action ......... Date 01/19/17 04/19/17 FR Cite 82 FR 6732 06/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Melissa Hammar, Acting Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250–3700, Phone: 202 720–2096, Email: melissa.hammar@usda.gov. RIN: 0583–AD56 USDA—FSIS 13. Prior Label Approval System: Expansion of Generic Label Approval [0583–AD78] Priority: Other Significant. Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21 U.S.C. 1031 et seq. CFR Citation: 9 CFR 412.2(a)(1); 9 CFR 317.7; 9 CFR 381.128; 9 CFR 412.2(b). Legal Deadline: None. Abstract: The Food Safety and Inspection Service (FSIS) is amending its labeling regulations to expand the categories of meat, poultry, and egg product labels that it will deem generically approved and thus not required to be submitted to FSIS. These reforms will reduce the regulatory burden on producers seeking to bring products to market, as well as the Agency costs expended to evaluate the labels. Statement of Need: This action is needed to reduce the regulatory burden on producers seeking to bring products to market, as well as the Agency costs expended to evaluate the labels. Based on FSIS experience evaluating the labels in question and the ability of inspection personnel to verify labeling in the field, FSIS anticipates this action will have no impact on food safety or the accuracy of meat, poultry, and egg product labeling. Summary of Legal Basis: The Acts direct the Secretary of Agriculture to maintain meat, poultry, and egg inspection programs designed to assure consumers that these products are safe, wholesome, not adulterated, and properly marked, labeled, and packaged. Section 7(d) of the Federal Meat Inspection Act (21 U.S.C. 607(d)) states: E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda No article subject to this title shall be sold or offered for sale by any person, firm, or corporation, in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted. The Poultry Products Inspection Act and the Egg Products Inspection Act contain similar language in section 21 U.S.C. 457(c) and 1036(b), respectively. Alternatives: FSIS considered three alternatives for the rule: taking no action, adopting the current proposal except with continued evaluation of labels that would otherwise be generically approved, and allowing all labels to be generically approved. Anticipated Cost and Benefits: There are no additional costs to industry, or the Agency associated with this rule. FSIS will continue to verify that product labels, including those that are generically approved, are truthful and not misleading and otherwise comply with FSIS’ requirements. This rule is expected to reduce the number of labels industry is required to submit to FSIS for evaluation by approximately 35 percent. Establishments will realize a cost savings because they will no longer need to incur costs for submitting certain types of labels to FSIS for evaluation (e.g., preparing a printer’s proof). In addition, streamlining the evaluation process for specific types of labels will allow a faster introduction of products into the marketplace by reducing wait times for label approvals. FSIS will also benefit from a reduction in the number of labels submitted to it for review. FSIS will be able to reallocate staff hours from evaluating labels towards the development of labeling policy. Risks: None. Timetable: Action Date lotter on DSK11XQN23PROD with NOTICES1 NPRM .................. NPRM Comment Period End. Final Rule ............ 09/14/20 11/13/20 FR Cite 85 FR 56538 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Melissa Hammar, Acting Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 10987 SW, Washington, DC 20250–3700, Phone: 202 720–2096, Email: melissa.hammar@usda.gov. RIN: 0583–AD78 economy and our communities by providing timely, accessible, and accurate economic and demographic data. BILLING CODE 3410–90–P Responding to the Administration’s Regulatory Philosophy and Principles Commerce’s Regulatory Plan tracks the most important regulations that the Department anticipates issuing to implement these policy and program priorities and foster sustainable and equitable growth. Of Commerce’s 12 primary operating units, three bureaus— the National Oceanic and Atmospheric Administration (NOAA), the United States Patent and Trademark Office (USPTO), and the Bureau of Industry and Security (BIS)—issue the vast majority of the Department’s regulations, and these three bureaus account for all the planned actions that are considered the Department’s most important significant pre-regulatory or regulatory actions for FY 2022. DEPARTMENT OF COMMERCE Statement of Regulatory and Deregulatory Priorities Established in 1903, the Department of Commerce (Commerce or Department) is one of the oldest Cabinet-level agencies in the Federal Government. Commerce’s mission is to create the conditions for economic growth and opportunity across all American communities by promoting innovation, entrepreneurship, competitiveness, and environmental stewardship. Commerce has 12 operating units, which manage a diverse portfolio of programs and services ranging from trade promotion and economic development assistance to improved broadband access and the National Weather Service, and from standards development and statistical data production, including the decennial census, to patents and fisheries management. Across these varied activities, the Department seeks to provide a foundation for a more equitable, resilient, and globally competitive economy. To fulfill its mission, Commerce works in partnership with businesses, educational institutions, community organizations, government agencies, and individuals to: • Innovate by creating new ideas through cutting-edge science and technology, from advances in nanotechnology to ocean exploration to broadband deployment, and by protecting American innovations through the patent and trademark system; • Support entrepreneurship and commercialization by enabling community development and strengthening minority businesses and small manufacturers; • Maintain U.S. economic competitiveness in the global marketplace by promoting exports and foreign direct investment, ensuring a level playing field for U.S. businesses, and ensuring that technology transfer is consistent with our nation’s economic and security interests; • Provide effective management and stewardship of our nation’s resources and assets to ensure sustainable economic opportunities; and • Make informed policy decisions and enable better understanding of the PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 National Oceanic and Atmospheric Administration NOAA’s mission is built on three pillars: science, service, and stewardship—to understand and predict changes in climate, weather, oceans, and coasts; to share that knowledge and information with others; and to conserve and manage coastal and marine ecosystems and resources. At its core, NOAA is a scientific agency. It observes, measures, monitors, and collects data from the depths of the ocean to the surface of the sun, and it does so following principles of scientific integrity. These data are turned into weather and climate models and forecasts that are then used for everything from local weather forecasts to predicting the movement of wildfire smoke to identifying the impacts of climate change on fisheries and living marine resources. With respect to service, NOAA not only collects data but is mandated to make it operational, and NOAA seeks to be the authoritative provider of climate products and services. By providing Federal, State, and local government partners, the private sector, and the public with actionable environmental information, NOAA can facilitate decisions in the face of climate change. Such decisions can range from businesses planning the location of offices; insurance companies trying to incorporate climate risk into their insurance policies; and municipalities looking to ensure that plans for construction of new housing developments will be resilient to increasing sea level risk, flooding, and heavy precipitation. E:\FR\FM\22FEP2.SGM 22FEP2 10988 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with NOTICES1 The final pillar of NOAA’s mission is stewardship. NOAA seeks to conserve our lands, waters, and natural resources, protecting people and the environment now and for future generations. As part of Commerce, moreover, NOAA recognizes that economic growth must go hand-in-hand with environmental stewardship. For example, with respect to the nation’s fisheries, NOAA looks simultaneously to optimize productivity and ensure sustainability in order to boost long-term economic growth and competitiveness in this vital sector of the U.S. economy. Similarly, national marine sanctuaries both protect important natural resources and also are significant drivers of eco-tourism and local recreation. Within NOAA, the National Marine Fisheries Services (NMFS) and the National Ocean Service (NOS) are the components that most often exercise regulatory authority to implement NOAA’s mission. NMFS oversees the management and conservation of the nation’s marine fisheries; protects marine mammals and Endangered Species Act (ESA)-listed marine and anadromous species; and promotes economic development of the U.S. fishing industry. NOS assists the coastal states in their management of land and ocean resources in their coastal zones, including estuarine research reserves; manages national marine sanctuaries; monitors marine pollution; and directs the national program for deep-seabed minerals and ocean thermal energy. Much of NOAA’s rulemaking is conducted pursuant to the following key statutes: Magnuson-Stevens Fishery Conservation and Management Act Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) rulemakings concern the conservation and management of fishery resources in the U.S. Exclusive Economic Zone (generally 3–200 nautical miles from shore). As itemized in the Unified Agenda, NOAA plans to take several hundred actions in FY 2022 under Magnuson-Stevens Act authority, of which roughly 20 are expected to be significant rulemakings, as defined in Executive Order 12866. With certain exceptions, rulemakings under Magnuson-Stevens are usually initiated by the actions of eight regional Fishery Management Councils (FMCs or Councils). These Councils are comprised of representatives from the commercial and recreational fishing sectors, environmental groups, academia, and Federal and State government, and they are responsible VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 for preparing fishery management plans (FMPs) and FMP amendments, and for recommending implementing regulations for each managed fishery. FMPs address a variety of issues, including maximizing fishing opportunities on healthy stocks, rebuilding overfished stocks, and addressing gear conflicts. After considering the FMCs’ recommendations in light of the standards and requirements set forth in the Magnuson-Stevens Act and in other applicable laws, NOAAmay issue regulations to implement the proposed FMPs and FMP amendments. Marine Mammal Protection Act The Marine Mammal Protection Act of 1972 (MMPA) provides the authority for the conservation and management of marine mammals under U.S. jurisdiction. It expressly prohibits, with certain exceptions, the intentional take of marine mammals. The MMPA allows, upon request and subsequent authorization, the incidental take of marine mammals by U.S. citizens who engage in a specified activity (e.g., oil and gas development, pile driving) within a specified geographic region. NMFS authorizes incidental take under the MMPA if it finds that the taking would be of small numbers, have no more than a ‘‘negligible impact’’ on those marine mammal species or stock, and would not have an ‘‘unmitigable adverse impact’’ on the availability of the species or stock for ‘‘subsistence’’ uses. NMFS also initiates rulemakings under the MMPA to establish a management regime to reduce marine mammal mortalities and injuries as a result of interactions with fisheries. In addition, the MMPA allows NMFS to permit the take or import of wild animals for scientific research or public display or to enhance the survival of a species or stock. Endangered Species Act The Endangered Species Act of 1973 (ESA) provides for the conservation of species that are determined to be ‘‘endangered’’ or ‘‘threatened,’’ and the conservation of the ecosystems on which these species depend. NMFS and the Department of Interior’s Fish and Wildlife Service (FWS) jointly administer the provisions of the ESA: NMFS manages marine and several anadromous species, and FWS manages land and freshwater species. Together, NMFS and FWS work to protect critically imperiled species from extinction. NMFS rulemaking actions under the ESA are focused on determining whether any species under its responsibility is an endangered or PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 threatened species and whether those species must be added to the list of protected species. NMFS is also responsible for designating, reviewing and revising critical habitat for any listed species. In addition, as indicated in the list of highlighted actions below, NMFS and FWS may also issue rules clarifying how particular provisions of the ESA will be implemented. The National Marine Sanctuaries Act The National Marine Sanctuaries Act (NMSA) authorizes the Secretary of Commerce to designate and protect as national marine sanctuaries areas of the marine environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or aesthetic qualities. The primary objective of the NMSA is to protect marine resources, such as coral reefs, sunken historical vessels, or unique habitats. NOAA’s Office of National Marine Sanctuaries (ONMS), within NOS, has the responsibility for management of national marine sanctuaries. ONMS regulations, issued pursuant to NMSA, prohibit specific kinds of activities, describe and define the boundaries of the designated national marine sanctuaries, and set up a system of permits to allow the conduct of certain types of activities that would otherwise not be allowed. These regulations can, among other things, regulate and restrict activities that may injure natural resources, including all extractive and destructive activities, consistent with communityspecific needs and NMSA’s purpose to ‘‘facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas.’’ In FY 2022, NOAA is expected to have at least three regulatory actions under NMSA. Coastal Zone Management Act The Coastal Zone Management Act (CZMA) was passed in 1972 to preserve, protect, and develop and, where possible, to restore and enhance the resources of the nation’s coastal zone. The CZMA creates a voluntary statefederal partnership, where coastal states (States in, or bordering on, the Atlantic, Pacific or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes), may elect to develop comprehensive programs that meet federal approval standards. Currently, 34 of the 35 eligible entities are implementing a federally approved coastal management plan approved by the Secretary of Commerce. E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda NOAA’s Regulatory Plan Actions Of the numerous regulatory actions that NOAA is planning for this year and that are included in the Unified Agenda, there are five, described below, that the Department considers to be of particular importance. 1. Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act (0648– BG11): The United States is a signatory to the Port State Measures Agreement (PSMA). The agreement is aimed at combating illegal, unreported, and unregulated (IUU) fishing activities through increased port inspection of foreign fishing vessels and by preventing the products of illegal fishing from landing and entering into commerce. The High Seas Driftnet Fishing Moratorium Act (Fishing Moratorium Act) implemented provisions of the PSMA, and NOAA issued regulations under the Fishing Moratorium Act in 2011 and 2013. Since then, the provisions of the Fishing Moratorium Act have been amended by the Illegal, Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L. 114–81) and the Ensuring Access to Pacific Fisheries Act (Pub. L. 114–327). This proposed rule would implement amendments made by these later two laws. NMFS will also propose changes to the definition of IUU fishing for the purposes of identifying and certifying nations. 2. Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule (0648–BI88): Regulatory modifications are needed to further reduce the likelihood of mortalities and serious injuries to endangered North Atlantic right whales from vessel collisions, which are a primary cause of the species’ decline and greatly contributing to the ongoing Unusual Mortality Event (2017–present). Following two decades of growth, the species has been in decline over the past decade with a population estimate of only 368 individuals as of 2019. Vessel strikes are one of the two primary causes of North Atlantic right whale mortality and serious injury across their range, and human-caused mortality to adult females in particular is limiting recovery of the species. Entanglement in fishing gear is the other primary cause of mortality and serious injury, which is being addressed by separate regulatory actions. 3. Endangered and Threatened Wildlife and Plants; Revision of the Regulations for Listing Endangered and Threatened Species and Designation of Critical Habitat (0648–BJ44): This action VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 responds to section 2 of the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (E.O. 13990) and the associated Fact Sheet (List of Agency Actions for Review). This is a joint rulemaking by NMFS and the FWS (the Services) to rescind the regulatory definition of the term ‘‘habitat.’’ This previously undefined term was defined by regulation for the first time in 2020 for the purpose of designating critical habitat under the ESA. Pursuant to Executive Order 13990, the Services also considered the alternatives of retaining the existing habitat definition or revising the habitat definition and will be considering any alternatives provided during the public comment period on the proposed rule. 4. Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat (0648–BK47): This action responds to section 2 of the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (E.O. 13990) and the associated Fact Sheet (List of Agency Actions for Review). This is a joint rulemaking by the Services to revise joint regulations issued in 2019 implementing section 4 of the ESA. Specifically addressed in this action are joint regulations that address the classification of species as threatened or endangered and the criteria and process for designating critical habitat for listed species. Pursuant to Executive Order 13990, the Services reviewed the specific regulatory provisions that had been revised in the 2019 final rule. Following a review of the 2019 rule, the Services are proposing to revise a portion of these regulations but are also soliciting public comments on all aspects of the 2019 rule before issuing a final rule. 5. Endangered and Threatened Wildlife and Plants; Revision of Regulations for Interagency Cooperation (0648–BK48): This action responds to section 2 of the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (E.O. 13990) and the associated Fact Sheet (List of Agency Actions for Review). This is a joint rulemaking by the Services to revise joint regulations implementing section 7 of the ESA, which requires Federal agencies to consult with the Services whenever any action the agency undertakes, funds, or authorizes may affect endangered or threatened species or their critical habitat, to ensure that the action does not jeopardize listed species or adversely modify critical habitat. In 2019, the PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 10989 Services revised various aspects of the regulations governing the consultation process under ESA Section 7 including, significantly, how the Services define the ‘‘effects of the action,’’ which has importance for determining the scope of consultation. Pursuant to Executive Order 13990, the Services reviewed the specific regulatory provisions that had been revised in the 2019 final rule. Following this review of the 2019 rule, the Services are proposing to revise a portion of these regulations, including ‘‘effects of the action,’’ but are also soliciting public comments on all aspects of the 2019 rule before issuing a final rule. In addition to revising provisions from the 2019 rule, the Services are proposing to clarify the responsibilities of a Federal agency and the Services regarding the requirement to reinitiate consultation. The United States Patent and Trademark Office The USPTO’s mission is to foster innovation, competitiveness, and economic growth, domestically and abroad, by delivering high quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property policy, and delivering intellectual property information and education worldwide. Major Programs and Activities The USPTO is responsible for granting U.S. patents and registering trademarks. This system of secured property rights, which has its foundation in Article I, Section 8, Clause 8, of the Constitution (providing that Congress shall have the power to ‘‘promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries’’) has enabled American industry to flourish. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The continued demand for patents and trademarks underscores the importance to the U.S. economy of effective mechanisms to protect new ideas and investments in innovation, as well as the ingenuity of American inventors and entrepreneurs. In addition to granting patents and trademarks, the USPTO advises the President of the United States, the Secretary of Commerce, and U.S. government agencies on intellectual property (IP) policy, protection, and enforcement; and promotes strong and effective IP protection around the world. The USPTO furthers effective IP E:\FR\FM\22FEP2.SGM 22FEP2 10990 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda protection for U.S. innovators and entrepreneurs worldwide by working with ther agencies to secure strong IP provisions in free trade and other international agreements. It also provides training, education, and capacity building programs designed to foster respect for IP and encourage the development of strong IP enforcement regimes by U.S. trading partners. As part of its work, the USPTO administers regulations located at title 37 of the Code of Federal Regulations concerning its patent and trademark services and the other functions it performs. The USPTO’s Regulatory Plan Actions 1. Final Rule: Changes to Implement Provisions of the Trademark Modernization Act of 2020 (0651– AD55): The USPTO amends the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020. This rule establishes ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce of the registered mark has not been made; provides for a new nonuse ground for cancellation before the Trademark Trial and Appeal Board; establishes flexible USPTO action response periods; and amends the existing letter-of-protest rule to indicate that letter-of-protest determinations are final and nonreviewable. The rule also sets fees for petitions requesting institution of ex parte expungement and reexamination proceedings, and for requests to extend USPTO action response deadlines. The two new ex parte proceedings created by this rulemaking—one for expungement and one for reexamination—are intended to help ensure the accuracy of the trademark register by providing a new mechanism for removing a registered mark from the trademark register or cancelling the registration as to certain goods and/or services, when the registrant has not used the mark in commerce. The proposed changes will give U.S. businesses new tools to clear away unused registered trademarks from the federal trademark register and will give the USPTO the ability to move applications through the system more efficiently. lotter on DSK11XQN23PROD with NOTICES1 Bureau of Industry and Security BIS advances U.S. national security, foreign policy, and economic objectives by maintaining and strengthening adaptable, efficient, and effective export control and treaty compliance systems as well as by administering programs to prioritize certain contracts to promote VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 the national defense and to protect and enhance the defense industrial base. Major Programs and Activities BIS administers four sets of regulations. The Export Administration Regulations (EAR) regulate exports and reexports to protect national security, foreign policy, and short supply interests. The EAR includes the Commerce Control List (CCL), which describes commodities, software, and technology that are subject to licensing requirements for specific reasons for control. The EAR also regulates U.S. persons’ participation in certain boycotts administered by foreign governments. The National Security Industrial Base Regulations provide for prioritization of certain contracts and allocations of resources to promote the national defense, require reporting of foreign government-imposed offsets in defense sales, provide for surveys to assess the capabilities of the industrial base to support the national defense, and address the effect of imports on the defense industrial base. The Chemical Weapons Convention Regulations implement declaration, reporting, and on-site inspection requirements in the private sector necessary to meet United States treaty obligations under the Chemical Weapons Convention treaty. The Additional Protocol Regulations implement similar requirements for certain civil nuclear and nuclear-related items with respect to an agreement between the United States and the International Atomic Energy Agency. BIS also has an enforcement component with nine offices covering the United States, as well as BIS export control officers stationed at several U.S. embassies and consulates abroad. BIS works with other U.S. Government agencies to promote coordinated U.S. Government efforts in export controls and other programs. BIS participates in U.S. Government efforts to strengthen multilateral export control regimes and promote effective export controls through cooperation with other governments. In FY 2022, BIS plans to publish a number of proposed and final rules amending the EAR. These rules will cover a range of issues, including emerging and foundational technology, country specific policies, CCL revisions based on decisions by the four multilateral export control regimes (Australia Group, Missile Technology Control Regime, Nuclear Suppliers Group, and Wassenaar Arrangement), and implementation of any interagency agreed transfers from the United States Munitions List to the CCL. PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 BIS’s Regulatory Plan Actions 1. Authorization of Certain ‘‘Items’’ to Entities on the Entity List in the Context of Specific Standards Activities (0694– AI06): BIS is amending the EAR to clarify its applicability to releases of technology for standards setting or development to support U.S. participation in standards efforts. 2. Commerce Control List: Implementation of Controls on ‘‘Software’’ Designed for Certain Automated Nucleic Acid Assemblers and Synthesizers (0694–AI08): BIS is publishing this final rule to amend the CCL by adding a new Export Control Classification Number (ECCN) 2D352 to control software that is designed for automated nucleic acid assemblers and synthesizers controlled under ECCN 2B352.j and capable of designing and building functional genetic elements from digital sequence data. These amendments to the CCL are based upon a finding, consistent with the emerging and foundational technologies interagency process set forth in section 1758 of the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4817), that such software is capable of being utilized in the production of pathogens and toxins and, consequently, the absence of export controls on such software could be exploited for biological weapons purposes. 3. Information Security Controls: Cybersecurity Items (0694–AH56): In 2013, the Wassenaar Arrangement (WA), a multilateral export control regime in which the United States participates, added cybersecurity items to the WA List, including a definition for ‘‘intrusion software.’’ In 2015, public comments on a BIS proposed implementation rule revealed serious issues concerning scope and implementation regarding these controls. Based on these comments, as well as substantial commentary from Congress, the private sector, academia, civil society, and others on the potential unintended consequences of the 2013 controls, the U.S. government returned to the WA to renegotiate the controls. This interim final rule outlines the progress the United States has made in this area, revises implementation, and requests from the public information about the impact of these revised controls on U.S. industry and the cybersecurity community. These items warrant controls because these tools could be used for surveillance, espionage, or other actions that disrupt, deny or degrade the network or devices on it. 4. Imposition of Export Controls on Certain Brain-Computer Interface (BCI) E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Emerging Technology (0694–AI41): Section 1758 of ECRA, as codified under 50 U.S.C. 4817, authorizes BIS to establish appropriate controls on the export, reexport or transfer (in-country) of emerging and foundational technologies. Pursuant to ECRA, BIS has identified Brain Computer Interface technology as part of a representative list of technology categories for which BIS will seek public comment to determine whether this is an emerging technology that is important to U.S. national security and for which effective controls can be implemented. In this Advance Notice of Proposed Rulemaking, BIS is seeking comments specifically concerning whether this technology could provide the United States, or any of its adversaries, with a qualitative military or intelligence advantage. In addition, BIS is seeking public comments on how to ensure that the scope of any controls that may be imposed on this technology in the future would be effective and appropriate with respect to their potential impact on legitimate commercial or scientific applications. 5. Foundational Technologies: Proposed Controls (0694–AH80): BIS is considering expanding controls on certain foundational technologies. Foundational technologies may be items that are currently subject to control for military end use or military end user reasons. Additionally, foundational technologies may be additional items, for which an export license is generally not required (except for certain countries), that also warrant review to determine if they are foundational technologies essential to the national security. For example, such controls may be reviewed if the items are being utilized or are required for innovation in developing conventional weapons or enabling foreign intelligence collection activities or weapons of mass destruction applications. In an effort to address this concern, this proposed rule would amend the CCL by adding controls on certain aircraft reciprocating or rotary engines and powdered metals and alloys. This rule requests public comments to ensure that the scope of these proposed controls will be effective and appropriate, including with respect to their potential impact on legitimate commercial or scientific applications. 6. Removal of Certain General Approved Exclusions (GAEs) Under the Section 232 Steel and Aluminum Tariff Exclusions Process (0694–AH55): On December 14, 2020, BIS published an interim final rule (the December 14 rule) that revised aspects of the process for requesting exclusions from the duties and quantitative limitations on imports VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 of aluminum and steel discussed in three previous Commerce interim final rules implementing the exclusion process authorized by the President under section 232 of the Trade Expansion Act of 1962, as amended (232), as well as a May 26, 2020, notice of inquiry. The December 14 rule added 123 General Approved Exclusions (GAEs) to the regulations. The addition of GAEs was an important step in improving the efficiency and effectiveness of the 232 exclusions process for certain Harmonized Tariff Schedule of the United States (HTSUS) codes for steel and aluminum that had not received objections. Commerce determined it could authorize imports under GAEs for these specified HTSUS codes for all importers instead of requiring each importer to submit an exclusion request. Subsequently, based on Commerce’s review of the public comments received in response to the December 14 rule and additional analysis conducted by Commerce of 232 exclusion request submissions, Commerce determined that a subset of the GAEs added in the December 14 rule did not meet the criteria for inclusion as a GAE and should therefore be removed. Commerce is removing these GAEs in this interim final rule to ensure that only those GAEs that meet the stated criteria from the December 14 rule will continue to be included as eligible GAEs. Lastly, this interim final rule makes two conforming changes to the GAE list for a recent change to one HTSUS classification and adds a footnote to both GAE supplements to address future changes to the HTSUS. the scope of these proposed controls will be effective and appropriate, including with respect to their potential impact on legitimate commercial or scientific applications. Statement of Need: As part of the National Defense Authorization Act (NDAA) for Fiscal Year 2019 (Public Law 115–232), Congress enacted the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4817). Section 1758 of ECRA authorizes the Bureau of Industry and Security (BIS) to establish appropriate controls on the export, reexport, or transfer (in-country) of emerging and foundational technologies. With this proposed rule, BIS continues to identify technologies that may warrant more restrictive controls than they have at present and establishes a control framework applicable to certain unilaterallycontrolled emerging and foundational technologies. Summary of Legal Basis: There are a variety of legal authorities under which BIS operates. However, ECRA (50 U.S.C. 4817) provides the most substantive legal basis for BIS’s actions under this proposed rule. Alternatives: There are not alternatives to this rule. This rule serves as the first tranche of controls specifically outlining foundational technologies. Anticipated Cost and Benefits: The anticipated costs and benefits of this proposed rule are not applicable. Risks: There are no applicable risks to this proposed rule. Timetable: Action DOC—BUREAU OF INDUSTRY AND SECURITY (BIS) Proposed Rule Stage 14. Section 1758 Technologies: Proposed Controls; Request for Comments [0694–AH80] Priority: Other Significant. Legal Authority: 50 U.S.C. 4801 to 4852 CFR Citation: 15 CFR 742; 15 CFR 774. Legal Deadline: None. Abstract: The Bureau of Industry and Security (BIS), Department of Commerce, which maintains controls on the export, reexport, and transfer (incountry) of dual-use and less sensitive military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL), is considering imposing controls pursuant to Section 1758. This rule requests public comments to ensure that PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 10991 ANPRM ............... ANPRM Correction and Comment Extension. ANPRM Comment Period End. ANPRM Correction and Comment Extension Period End. NPRM .................. Date 08/27/20 10/09/20 FR Cite 85 FR 52934 85 FR 64078 10/26/20 11/09/20 02/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Agency Contact: Logan D. Norton, Department of Commerce, Bureau of Industry and Security, 1401 Constitution Avenue, Washington, DC 20230, Phone: 202 812–1762, Email: logan.norton@bis.doc.gov. E:\FR\FM\22FEP2.SGM 22FEP2 10992 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda RIN: 0694–AH80 DOC—BIS lotter on DSK11XQN23PROD with NOTICES1 15. The Imposition of Emerging Technology Export Controls on Instruments for the Automated Chemical Synthesis of Peptides [0694– AI84] Priority: Other Significant. Legal Authority: 50 U.S.C. 4817(a)(2)(C) CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: The Bureau of Industry and Security (BIS) has identified instruments for the automated synthesis of peptides (automated peptide synthesizers) for evaluation according to the criteria in section 1758 of the Export Control Reform Act of 2018 (ECRA) pertaining to emerging and foundational technologies. On September 13, 2022, BIS published an advance notice of proposed rulemaking (87 FR 55930) that requested public comments on the potential uses of this technology, particularly with respect to its impact on U.S. national security (e.g., whether such technology could provide the United States, or any of its adversaries, with a qualitative military or intelligence advantage). Taking into consideration the public comments on BIS’s September 2022 ANPRM, this rule proposes to implement export controls on certain automated peptide synthesizers, consistent with the criteria in section 1758 of ECRA. Statement of Need: Recent advances in peptide synthesis technology and instrumentation have increased both the speed of peptide synthesis and the length of peptide products, including peptides and proteins greater than 100 amino acids in length. Most protein toxins that are controlled under Export Control Classification Number (ECCN) 1C351 on the Commerce Control List (CCL) (see Supplement No. 1 to part 774 of the EAR) are over 100 amino acids in length and have an average length of 300 amino acids (with the notable exception of conotoxins, which range between 10–100 amino acids in length). Consequently, absent the imposition of additional controls on the export, reexport or transfer (in-country) of certain peptide synthesis technology and instrumentation (e.g., automated peptide synthesizers), there would be an increased risk that such technology and instrumentation could be used to produce controlled toxins for biological weapons purposes. Summary of Legal Basis: Certain instruments for the automated synthesis VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 of peptides (automated peptide synthesizers) have been identified by BIS for evaluation according to the criteria in Section 1758 of the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801–4852) pertaining to emerging and foundational technologies. Alternatives: Consistent with 5 U.S.C. 603(c), BIS is considering significant alternatives to the imposition of controls on automated peptide synthesizers and will assess whether the alternatives would: (1) accomplish the stated objectives of this rule (consistent with the Section 1758 requirements in ECRA); and (2) minimize any significant economic impact of this rule on U.S. industry and academia. BIS could impose broad controls on automated peptide synthesizers that would capture most of these instruments. However, that option would have a greater impact not only on small businesses, but also on research and development laboratories (both academic and corporate), which are involved in advancing biological technology. BIS is considering focused controls on automated peptide synthesizers that are determined to be capable of posing a greater risk of diversion to biological weapons activities. BIS considers that this approach would be the least disruptive alternative for implementing export controls in a manner consistent with controlling technology that has been determined, through the Section 1758 technology interagency process authorized under ECRA, to be essential to U.S. national security. Anticipated Cost and Benefits: BIS estimates that it will receive roughly 15 license applications per year if Section 1758 export controls are imposed on automated peptide synthesizers. To the extent that compliance with these controls would impose a burden on U.S. industry and academia, BIS believes the burden would be minimal. In addition, the reclassification process would need to be done only once per license applicant for exports, reexports or transfers (in-country) of these items and, consequently, would constitute a onetime burden for each applicant. Similarly, assessing the availability of license exceptions and/or applying for and using BIS licenses would impose some minimal burden on affected persons. The benefit, from a national security perspective, would be the imposition of export controls on those automated peptide synthesizers that are determined to be capable of posing a greater risk of diversion to biological weapons activities. Risks: The imposition of overly broad (or otherwise improperly targeted) PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 Section 1758 export controls on peptides or peptide synthesizers could impair the ability of companies in the United States to compete effectively with potential competitors in other countries, which could adversely affect the leadership of U.S. companies in the field of peptide manufacturing. On the other hand, failure to impose controls that effectively target those automated peptide synthesizers that could be of concern for biological weapons purposes, could increase the potential threat of terrorist attacks involving toxins produced by such synthesizers. Timetable: Action ANPRM ............... ANPRM Comment Period End. NPRM .................. Date 09/13/22 10/28/22 FR Cite 87 FR 5593 07/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Willard Fisher, Export Administration Specialist, Department of Commerce, Bureau of Industry and Security, 14th Street and Pennsylvania Avenue NW, Washington, DC 20230, Phone: 202 482–2440, Fax: 202 482–3355, Email: willard.fisher@ bis.doc.gov. RIN: 0694–AI84 DOC—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST) Final Rule Stage 16. Updates to Bayh-Dole Implementing Regulations [0693–AB66] Priority: Other Significant. Legal Authority: 37 U.S.C. 206 et seq. CFR Citation: 37 CFR 401; 37 CFR 404; 37 CFR 501. Legal Deadline: None. Abstract: The revisions will add language to provide additional clarity in subject invention and utilization reporting requirements, U.S. industry preference, and other regulations that impact the transfer of technology from federally funded research and development. The final rule aims to improve the transition of federally funded innovations from the laboratory to the marketplace by reducing the regulatory burdens for technology transfer. Statement of Need: This rule would revise the Bayh Dole Act implementing regulations in order to make technical corrections; reorganize certain E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda subsections; remove outdated and/or unnecessary sections; improve reporting by federal agencies; and provide clarifications. Summary of Legal Basis: The rule revisions would be promulgated under the University and Small Business Patent Procedures Act of 1980, Public Law 96–517 (as amended), codified at 35 U.S.C. 200 et seq., commonly known as the Bayh-Dole Act or Bayh-Dole. Alternatives: There are not alternatives to this rule. Anticipated Cost and Benefits: The action would remove duplicative text, streamline the implementing regulations, and reduce regulatory burdens, all at no additional cost. Risks: There are no applicable risks to this rule. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 01/04/21 04/05/21 FR Cite 86 FR 35 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Agency Contact: Henry N. Wixon, Chief Counsel for NIST, Department of Commerce, National Institute of Standards and Technology, 100 Bureau Drive, Stop 1052, Gaithersburg, MD 20899–1052, Phone: 301 975–2803, Fax: 301 926–6241, Email: henry.wixon@ nist.gov. RIN: 0693–AB66 DOC—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) Final Rule Stage lotter on DSK11XQN23PROD with NOTICES1 17. Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act [0648– BG11] Priority: Other Significant. Legal Authority: Pub. L. 114–81 CFR Citation: 50 CFR 300. Legal Deadline: None. Abstract: This proposed rule would make conforming amendments to regulations implementing the various statutes amended by the Illegal, Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L. 114– 81). The Act amends several regional fishery management organization implementing statutes as well as the High Seas Driftnet Fishing Moratorium VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Protection Act. It also provides authority to implement two new international agreements under the Antigua Convention, which amends the Convention for the establishment of an Inter-American Tropical Tuna Commission, and the United Nations Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (Port State Measures Agreement), which restricts the entry into U.S. ports by foreign fishing vessels that are known to be or are suspected of engaging in illegal, unreported, and unregulated fishing. This proposed rule would also implement the Port State Measures Agreement. To that end, this proposed rule would require the collection of certain information from foreign fishing vessels requesting permission to use U.S. ports. It also includes procedures to designate and publicize the ports to which foreign fishing vessels may seek entry and procedures for conducting inspections of these foreign vessels accessing U.S. ports. Further, the rule would establish procedures for notification of: the denial of port entry or port services for a foreign vessel, the withdrawal of the denial of port services if applicable, the taking of enforcement action with respect to a foreign vessel, or the results of any inspection of a foreign vessel to the flag nation of the vessel and other competent authorities as appropriate. Statement of Need: The United States is a signatory to the Port State Measures Agreement (PSMA). The agreement is aimed at combating illegal, unreported and unregulated (IUU) fishing activities through increased port inspection of foreign fishing vessels and thereby closing seafood markets to the products of illegal fishing. In addition, regulations to identify and certify nations for IUU fishing and other adverse fishing activities under the authority of the High Seas Driftnet Fishing Moratorium Protection Act must be updated to conform to statutory changes. NMFS will also propose changes to the definition of IUU fishing for the purposes of identifying and certifying nations under that Act. Summary of Legal Basis: This action is required under several statutes: Magnuson-Stevens Fishery Conservation and Management Act (P.L. 94–265 as amended by P.L. 109–479); Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 (P.L. 114–81); Ensuring Access to Pacific Fisheries Act (P.L. 114–327); High Seas Driftnet Fishing Moratorium Protection Act (P.L. 104–43). The Secretary of Commerce is authorized to issue PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 10993 regulations to implement the statutory obligations to counter IUU fishing by foreign fishing vessels and to prevent the importation of illegally harvested seafood. Alternatives: Alternatives to taking action at the port would include taking action at sea against IUU fishing vessels and in the supply chain against detected IUU fishing products. At-sea monitoring and inspection is part of an overall strategy to combat IUU fishing, but it is extremely expensive, resources are limited, and the U.S. has limited jurisdiction to board foreign-flag vessels at sea. Likewise, tracing and removing illegal products already released into the U.S. seafood market would be difficult and resource intensive. Preventing entry of IUU fishing vessels into ports or investigating fishing vessels at the port is an efficient and effective approach to combat illegal activity and to prevent illegal products from entering the supply chain. There are no alternatives to the conforming amendments to the High Seas Driftnet Fishing Moratorium Protection Act. Without these changes, the implementing regulations would not be consistent with the revised statute. However, the statute authorizes the Secretary of Commerce to amend the regulatory definition of IUU fishing for the purposes of identifying and certifying nations. NMFS has considered several activities that constitute illegal fishing and proposes amendments to the definition to counter these forms of IUU fishing. Alternatives to amending the IUU fishing definition would include the adoption of binding measures at regional fishery organizations to counter the activities of concern. While NMFS is pursuing this approach, amending the definition provides a more direct means of addressing the problem through the identification of nations and potential trade restrictions. Anticipated Cost and Benefits: The anticipated costs will be minimal in that foreign vessels requesting permission to visit U.S. ports are already required to report. Under this rule, fishing vessel masters will have to include more information about the vessel and its cargo when they submit an electronic notice of arrival to the U.S. Coast Guard. Based on the information submitted, NMFS may deny port privileges for vessels known to have engaged in illegal fishing or may meet the vessel in port to conduct an inspection. The minimal additional data elements required of foreign fishing vessels will be submitted through the existing U.S. Coast Guard system for electronic Notices of Arrival and Departure, thus reporting costs are E:\FR\FM\22FEP2.SGM 22FEP2 10994 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda not anticipated to affect shipping patterns, port usage, or international commerce. In addition, vessel inspections will be coordinated and planned based on the notice of arrival submitted prior to entry into port, thus delays for inspection will be minimal and not result in significant costs to legitimate vessels. Benefits of the rule will accrue when IUU vessels are denied entry, and illegal seafood products are precluded from the U.S. supply chain, thereby maintaining higher prices and market share for legitimate producers of fishery products. In addition, benefits will accrue from reduced costs of inspection and monitoring at ports of entry due to the advance notice provided and the ability of NMFS and Coast Guard to take a risk management approach to vessel inspection. Should the United States impose trade restrictions on foreign nations due to the expanded definition of IUU fishing, some costs would be borne by U.S. importers who would have to adjust their supply chains. However, many U.S. importers and seafood dealers are already adjusting supply chains to respond to consumer demand for lawfully-acquired, sustainable and environmentally responsible seafood. The benefits of additional steps to counter IUU fishing will accrue to law-abiding harvesters, processors and traders as fish stocks are recovered and they no longer must compete with illegitimate products in the supply chain. Risks: If the port entry reporting and inspection provisions of this rule were not implemented, there is an increased risk of IUU fishing vessels entering U.S. ports and/or the products of IUU fishing infiltrating the U.S. supply chain. In addition, the U.S. would be out of compliance with its international obligations under the PSMA. If the revisions to the High Seas Driftnet Fishing Moratorium Protection Act are not implemented through conforming amendments to the regulations and through additions to the definition of IUU fishing, nations might not be identified under the statute, therefore diminishing the likelihood of corrective actions to counter IUU fishing. Timetable: lotter on DSK11XQN23PROD with NOTICES1 Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 07/08/22 09/06/22 FR Cite 87 FR 40763 12/00/22 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Government Levels Affected: Federal. International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Agency Contact: Alexa Cole, Director, Office of International Affairs and Seafood Inspection, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 20910, Phone: 301 427–8286, Email: alexa.cole@noaa.gov. RIN: 0648–BG11 DOC—NOAA 18. Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule [0648–BI88] Priority: Other Significant. Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq. CFR Citation: 50 CFR 224. Legal Deadline: None. Abstract: NMFS has completed a review of the North Atlantic right whale vessel speed rule (per 50 CFR 224.105; 78 FR 73726, December 9, 2013). Through this action, NMFS invites comment on the report as well as information that may inform potential revisions to existing management strategies and regulations to further reduce the risk of vessel strikes of North Atlantic right whales. Statement of Need: This action is needed to further reduce the likelihood of mortalities and serious injuries to endangered North Atlantic right whales from vessel collisions, which are a leading cause of the species’ decline and contributing to the ongoing Unusual Mortality Event (2017–present). Following two decades of growth, the species has been in decline over the past decade with a best population estimate of fewer than 350 individuals. Entanglement in fishing gear and vessel strikes are the two primary causes of North Atlantic right whale mortality and serious injury across their range, and human-caused mortality to adult females, in particular, is limiting recovery of the species. Summary of Legal Basis: NMFS is implementing this rule pursuant to its rulemaking authority under MMPA section 112(a) (16 U.S.C. 1382(a)), and ESA section 11(f) (16 U.S.C. 1540(f)). Alternatives: In January 2021, NMFS released, and solicited public comment on, an assessment of the current right whale vessel speed rule (50 CFR 224.105). The assessment highlighted the need to address collision risk from PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 vessels less than 65 ft in length and modify the boundaries and timing of Seasonal Management Areas (SMAs) to better reflect current whale and vessel traffic distribution, along with other recommendations to improve vessel strike mitigation efforts. In 2022, NMFS completed a coastwide right whale vessel strike risk model (Garrison et al. 2022), which informed development of the proposed modifications to the existing speed rule. At the proposed rule stage, there are a number of alternatives considered in the draft Regulatory Impact Review and draft Environmental Assessment. The Preferred Alternative would modify the spatial and temporal boundaries of the existing SMAs to create newly proposed Seasonal Speed Zones (SSZs), add smaller vessels down to 35 ft in length, and establish a mandatory Dynamic Speed Zone program. Anticipated Cost and Benefits: Under the Preferred Alternative, NMFS estimated modifications to the speed rule would cost just over $46 million per year. Estimated costs would be borne primarily by the owners and operators of vessels currently transiting within newly expanded portions of SSZs along the U.S. East Coast. Owners and operators of vessels of applicable size classes that regularly transit within active SSZs at speeds in excess of 10 knots would be most affected. Vessels operating in the Northeast and MidAtlantic regions are expected to bear the majority of costs (89%). Potential benefits stemming from this action include a reduction in North Atlantic right whale mortalities and serious injuries resulting from collisions with vessels, with potential reduction in vessel strike risk for other large whale species. Risks: This will be a high-profile action and is essential to ensure longterm recovery of North Atlantic right whales. Given the endangered status of the North Atlantic right whale, the large geographic area, and number of stakeholders subject to the updated regulations, modification to the current speed rule will be both controversial and of high interest. Changes to the current speed rule are necessary to: (1) address a misalignment between existing Seasonal Management Areas and places/times with elevated strike risk, and (2) mitigate currently unregulated lethal strike risk from vessels 35–65 ft in length. Timetable: Action NPRM .................. E:\FR\FM\22FEP2.SGM 22FEP2 Date 08/01/22 FR Cite 87 FR 46921 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Action Date NPRM Comment Period End. NPRM Comment Period Extension. NPRM Comment Period Extension End. Final Action ......... FR Cite 09/30/22 09/16/22 87 FR 56925 10/31/22 06/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Kim Damon-Randall, Director, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone: 301 427–8400, Email: kimberly.damon-randall@noaa.gov. Related RIN: Related to 0648–AS36 RIN: 0648–BI88 DOC—PATENT AND TRADEMARK OFFICE (PTO) lotter on DSK11XQN23PROD with NOTICES1 Proposed Rule Stage 19. • Setting and Adjusting Trademark Fees [0651–AD65] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: Pub. L. 112–29 CFR Citation: 37 CFR 2. Legal Deadline: None. Abstract: The United States Patent and Trademark Office (USPTO or Office) takes this action to set and adjust Trademark fee amounts to provide the Office with a sufficient amount of aggregate revenue to recover its aggregate cost of operations while helping the Office maintain a sustainable funding model, ensure the integrity of the Trademark register, and promote efficiency of processes. Statement of Need: The purpose of this rule is to set and adjust trademark fee amounts to provide sufficient aggregate revenue to cover the agency’s aggregate cost of operations. To this end, this rule creates new or changes existing fees for trademark services. Summary of Legal Basis: The LeahySmith America Invents Act (AIA), enacted in 2011, provided USPTO with the authority to set and adjust its fees for patent and trademark services. This authority was extended by the Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018. Since then, USPTO has conducted an internal biennial fee review, in which it VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 undertook internal consideration of the current fee structure, and considered ways that the structure might be improved, including rulemaking pursuant to the USPTO’s fee-setting authority. This fee review process involves public outreach, including, as required by the Act, a public hearing held by the USPTO’s Trademark Public Advisory Committee, as well as public comment and other outreach to the user community and public in general. Alternatives: This rulemaking action is currently in development and alternatives have not yet been determined. Anticipated Cost and Benefits: This rulemaking action is currently in development and aggregate annual economic impacts have not yet been determined. The user fees charged by the USPTO for its services are considered transfer payments that do not affect the total resources available to society, and therefore the changes to trademark fees proposed by this rulemaking are transfers, and are not costs of this rulemaking. Risks: The USPTO will set and adjust trademark fee amounts to provide the Office with a sufficient amount of aggregate revenue to recover its aggregate cost of operations while helping the Office maintain a sustainable funding model, ensure the integrity of the Trademark register, and promote efficiency of processes. Therefore, one risk of taking no action could be that USPTO might not be able to recover its aggregate costs of operations in the long run. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Action ......... Final Action Effective. FR Cite 11/00/23 01/00/24 07/00/24 09/00/24 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses, Organizations. Government Levels Affected: None. Agency Contact: Brendan Hourigan, Director, Office of Planning and Budget, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450, Phone: 571 272–8966, Fax: 571 273–8966, Email: brendan.hourigan@uspto.gov. RIN: 0651–AD65 BILLING CODE 3410–12–P PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 10995 DEPARTMENT OF DEFENSE Statement Of Regulatory Priorities Background The Department of Defense (DoD) is the largest Federal department, employing over 1.6 million military personnel and 750,000 civilians with operations all over the world. DoD’s enduring mission is to provide combatcredible military forces needed to deter war and protect the security of our nation. To guide this mission, the Secretary of Defense has outlined three top priorities, which are to defend the nation, take care of our people, and succeed through teamwork. In addition, the National Defense Strategy sets out how DoD will contribute to advancing and safeguarding vital U.S. national interests—protecting the American people, expanding America’s prosperity, promoting global security, seizing new strategic opportunities, and realizing and defending our democratic values. Because of this expansive and diversified mission and reach, DoD regulations can address a broad range of matters and have an impact on varied members of the public, as well as other federal agencies. Pursuant to Executive Order 12866, ‘‘Regulatory Planning and Review’’ (September 30, 1993) and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ (January 18, 2011), the DoD issues this Regulatory Plan and Agenda to provide notice about the DoD’s regulatory and deregulatory actions. Retrospective Review of Existing Regulations Pursuant to section 6 of Executive Order 13563 ‘‘Improving Regulation and Regulatory Review’’ (January 18, 2011), the Department continues to review existing regulations with a goal to eliminate outdated, unnecessary, or ineffective regulations; account for the currency and legitimacy of each of the Department’s regulations; and ultimately reduce regulatory burden and costs. DOD Priority Regulatory Actions The regulatory and deregulatory actions identified in this Regulatory Plan embody the core of DoD’s regulatory priorities for Fiscal Year (FY) 2023 and help support President Biden’s regulatory priorities, the Secretary of Defense’s top priorities, and those priorities set out in the National Defense Strategy. The DoD regulatory prioritization is focused on initiatives that: E:\FR\FM\22FEP2.SGM 22FEP2 10996 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda • Promote the country’s economic resilience, including addressing COVIDrelated and other healthcare issues. • Support underserved communities and improve small business opportunities. • Promote competition in the American economy. • Promote diversity, equity, inclusion, and accessibility in the Federal workforce. • Support national security efforts, especially safeguarding Federal Government information and information technology systems. • Tackle the climate crisis and protect the environment; and • Address military family matters. Rules That Promote the Country’s Economic Resilience Pandemic COVID–19 Rules Pursuant to Executive Order 13987, ‘‘Organizing and Mobilizing the United States Government to Provide a Unified and Effective Response to Combat COVID–19 and to Provide United States Leadership on Global Health and Security,’’ January 20, 2021; Executive Order 13995, ‘‘Ensuring an Equitable Pandemic Response and Recovery,’’ January 21, 2021; Executive Order 13997, ‘‘Improving and Expanding Access to Care and Treatments for COVID–19,’’ January 21, 2021; and Executive Order 13999, ‘‘Protecting Worker Health and Safety,’’ January 21, 2021, the Department temporarily modified its TRICARE regulation so TRICARE beneficiaries have access to the most up-to-date care required for the diagnosis and treatment of COVID–19. TRICARE continues to reimburse like Medicare, to the extent practicable, as required by statute. The Department is researching the impacts of making some of those modifications permanent and may pursue such future action. These modifications include: lotter on DSK11XQN23PROD with NOTICES1 TRICARE Coverage of National Institute of Allergy and Infectious Disease— Coronavirus Disease 2019 Clinical Trials. RIN 0720–AB83 This final rule is required to finalize certain temporary flexibilities enacted in interim final rules published in 2020 in response to the COVID–19 pandemic. This rule finalizes provisions published in two interim final rules (IFRs) with request for comment, which temporarily added coverage for the treatment use of investigation drugs under U.S. Food and Drug Administration (FDA) approved expanded access programs when for the treatment of coronavirus disease 2019 (COVID–19) and permitted coverage of National Institute of Allergy and VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Infectious Disease (NIAID)-sponsored clinical trials for the treatment or prevention of COVID–19. Expanding TRICARE Access to Care in Response to the COVID–19 Pandemic. RIN 0720–AB85 This interim final rule with comment will temporarily amend the TRICARE regulation at 32 CFR part 199 by: (1) adding freestanding End Stage Renal Disease facilities as a category of TRICARE-authorized institutional provider and modifying the reimbursement for such facilities; and (2) adopting Medicare New COVID–19 Treatments Add-on Payments (NTCAPs). The TRICARE regulation is temporarily being modified (except for the modifications to paragraphs 199.6(b)(4)(xxi) and 199.14(a)(1)(iii)(E)(7), which will not expire), but, in each case, only to the extent necessary to ensure that TRICARE beneficiaries have access to the most up-to-date care required for the prevention, diagnosis, and treatment of COVID–19, and that TRICARE continues to reimburse like Medicare, to the extent practicable, as required by statute. The modifications to paragraphs 199.6(b)(4)(xxi) and 199.14(a)(1)(iii)(E)(7) establish freestanding End Stage Renal Disease (ESRD) facilities as a category of TRICARE-authorized institutional provider and modify TRICARE reimbursement of freestanding ESRD facilities. These provisions will improve TRICARE beneficiary access to medically necessary dialysis and other ESRD services and supplies. These provisions also support the requirement that TRICARE reimburse like Medicare, and will help to alleviate regional health care shortages due to the COVID–19 pandemic by ensuring access to dialysis care in freestanding ESRD facilities rather than hospital outpatient departments. The modification to paragraph 199.14(a)(iii)(E) adopts Medicare’s New COVID–19 Treatments Add-on Payment (NCTAP) for COVID– 19 cases that meet Medicare’s criteria. This provision increases access to emerging COVID–19 treatments and supports the requirement that TRICARE reimburse like Medicare. Restriction on Acquisition of Personal Protective Equipment and Certain Items From Non-Allied Foreign Nations (DFARS Case 2022–D009). RIN 0750– AL60 This rule implements section 802 of the National Defense Authorization Act for Fiscal Year 2022, which prohibits acquisition of personal protective equipment related to healthcare and PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 certain other healthcare-related items from non-allied foreign nations. Decreasing dependence on personal protective equipment and certain other items originating in non-allied foreign nations is a matter of public health and national security, especially during a declared public health emergency. The domestic supply chain for personal protective equipment and certain other items is critical. An adequate continued supply is vital to ensure domestic control with minimal disruption in production and to reduce U.S. dependence on non-allied foreign nations. Potential benefits of this rule will be the elimination of counterfeit covered items within the domestic supply chain and reduced dependence on foreign sources that are not allies of the United States. In addition, this restriction will further promote growth in domestic capabilities and may provide additional opportunities to domestic small businesses for future procurement and manufacturing efforts, increasing domestic sourcing of personal protective equipment and other covered items. Medical Debt Relief Collection From Third Party Payers of Reasonable Charges for Healthcare Services. RIN 0720–AB87 This rule discusses new debt waiver process for medical debt owed for services rendered at Military Treatment Facilities to civilians who are not covered beneficiaries and implements section 702 of the FY 2021 NDAA. Under section 702, the Secretary of Defense may waive a fee charged to a civilian who is not a covered beneficiary if after any insurance payments the civilian is not able to pay for the trauma or other medical care provided to the civilian; and the provision of such care enhanced the medical readiness of the health care provider or health care providers furnishing such care. Executive Order 13985, ‘‘Advancing Racial Equity and Support for Underserved Communities Through the Federal Government’’ January 20, 2021 Rules That Promote Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce Nondiscrimination on the Basis of Disability in Program or Activities Assisted or Conducted by the DoD and in Equal Access to Information and Communication Technology Used by DoD, and Procedures for Resolving Complaints. RIN: 0790–AJ04 Revisions to this regulation: (1) update and clarify the obligations that E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with NOTICES1 Section 504 of the Rehabilitation Act of 1973 (section 504) imposes on recipients of Federal financial assistance and the Military Departments and Components (DoD Components); (2) reflect the most current Federal statutes and regulations, as well as developments in Supreme Court jurisprudence, regarding unlawful discrimination on the basis of disability and promotes consistency with comparable provisions implementing title II of the Americans with Disabilities Act (ADA); (3) implement section 508 of the Rehabilitation Act of 1973 (section 508), requiring DoD make its electronic and information technology accessible to individuals with disabilities; (4) establish and clarify obligations under the Architectural Barriers Act of 1968 (ABA), which requires that DoD make facilities accessible to individuals with disabilities; and (5) Provide complaint resolution and enforcement procedures pursuant to section 504 and the complaint resolution and enforcement procedures pursuant to section 508. These revisions incorporate the directive of Executive Order 14035, ‘‘Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce’’ by defining, clarifying, advancing accessibility throughout DoD programs and activities. USACE Implementing Procedures for Principles, Requirements, and Guidelines Applicable to Actions Involving Investment in Water Resources. RIN 0710–AB41 Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110– 114) called for revisions to the 1983 Principles and Guidelines for Water and Land Related Resources Implementation Studies, resulting in the issuance of the Principles and Requirements (P&R) guidance document in March 2013 and the Interagency Guidelines in December 2014, which together comprise the Principles, Requirements, and Guidelines (PR&G). The PR&G are intended to provide a common framework and comprehensive policy and guidance for analyzing a diverse range of water resources projects, programs, activities, and related actions involving Federal investment in water resources. The U.S. Army Corps of Engineers (Corps) proposes a regulation to show how it would apply the PR&G to the Corps’ mission and authorities. In this proposed regulation, the Corps intends to increase consistency and compatibility in Federal water resources investment decision making to include considerations such as analyzing a broader range of long-term costs and VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 benefits, enhancing collaboration, including a more thorough and transparent risk and uncertainty analyses, and improving resilience for dealing with emerging challenges, including climate change. Flood Control Cost-Sharing Requirements Under the Ability To Pay Provision. RIN: 0710–AB34 Section 103(m) of the Water Resources Development Act (WRDA) of 1986, as amended (33 U.S.C. 2213(m)), authorizes the USACE to reduce the non-Federal share of the cost of a study or project for certain communities that are not able financially to afford the standard cost-share. Part 241 of title 33 in the Code of Federal Regulations provides the criteria that the USACE uses in making these determinations where the primary purpose of the study or project is flood damage reduction. The proposed rule would update this regulation, by broadening its applicability to include projects with other purposes (instead of just flood damage reduction) and the feasibility study of a project (instead of just design and construction). The WRDA 2000 modified section 103(m) to also include the following mission areas: environmental protection and restoration, flood control, navigation, storm damage protection, shoreline erosion, hurricane protection, and recreation or an agricultural water supply project which have not yet been added to the regulation. It also included the opportunity to cost share all phases of a USACE project to also include feasibility in addition to the already covered design and construction. This rule would provide a framework for deciding which projects are eligible for consideration for a reduction in the nonFederal cost share based on ability to pay. Rules That Support Underserved Communities and Improve Small Business Opportunities Rules of Particular Interest to Small Business Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043). RIN 0750–AK84 This rule implements changes made by the Small Business Administration (SBA) related to data rights in the Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program Policy Directive, published in the Federal Register on April 2, 2019 (84 FR 12794). The SBIR and STTR programs fund a diverse portfolio of startups and small businesses across technology PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 10997 areas and markets to stimulate technological innovation, meet Federal research and development (R&D) needs, and increase commercialization to transition R&D into impact. The final SBA Policy Directive includes several revisions to clarify data rights, which require corresponding revisions to the Defense Federal Acquisition Regulation Supplement (DFARS). These changes include harmonizing definitions, lengthening the SBIR/STTR protection period from 5 years to 20 years, and providing for the granting of Government-purpose rights license in place of an unlimited rights license upon expiration of the SBIR/STTR protection period. Executive Order 14036, ‘‘Promoting Competition in the American Economy’’ July 9, 2021 Rule That Promotes Competition in the American Economy Past Performance of Subcontractors and Joint Venture Partners (DFARS Case 2018–D055). RIN 0750–AK16 This rule implements section 823 of the National Defense Authorization Act for Fiscal Year 2019, which establishes a requirement for use of the best available information regarding past performance of subcontractors and joint venture partners when awarding DoD construction and architect-engineer contracts. Section 823 requires annual performance evaluations for first-tier subcontractors and individual parties to joint ventures performing construction and architect-engineer contracts valued at either $750,000 or more, or 20 percent of the value of the prime contract (whichever is higher), in accordance with specified conditions. In addition, processes for exceptions from the annual evaluation requirement will be established for construction and architect-engineer contracts where submission of annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners under specified conditions. This rule will make it easier for subcontractors and individual parties to joint ventures to establish a record of their past performance. These entities will be able to take credit for the work they performed on contracts and subcontracts, which will help them be more competitive when bidding on future DoD contracts. This will help increase competition for DoD contracts. E:\FR\FM\22FEP2.SGM 22FEP2 10998 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Defense Commercial Solutions Opening (DFARS Case 2022–D006). RIN 0750– AL57 This rule implements section 803 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81), which establishes a permanent authority for the Secretary of Defense and those of the military departments to acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. Products and services purchased under this authority are treated as commercial. This rule will enable DoD to access innovative products and services of entities that may not have done business with DoD in the past. Such entities may compete for additional DoD contracts, thereby increasing competition for DoD contracts. Modification of Prize Authority for Advanced Technology Achievements (DFARS Case 2022–D014). RIN 0750– AL65 This rule implements section 822 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81). Section 822 revises 10 U.S.C. 2374a regarding the award of prizes for advanced technology achievement to: (1) authorize the award of procurement contracts and other agreements ‘‘as another type of prize’’ (as in other than cash prizes); (2) permit the award of prizes, including procurement contracts and other agreements, in excess of $10,000,000 with the approval of the Under Secretary of Defense for Research and Engineering; and (3) require DoD provide Congress with notice of an award of a procurement contract or other agreement under this program that exceeds $10 million. This rule will help to expand the Defense Industrial Base, thereby increasing competition for future DoD contracts. lotter on DSK11XQN23PROD with NOTICES1 DFARS Buy American Act Requirements (DFARS Case 2022– D019). RIN 0750–AL74 18:12 Feb 21, 2023 Jkt 259001 Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041). RIN 0750–AK81 The purpose of this rule is to ensure that Defense Industrial Base (DIB) contractors will adequately protect sensitive unclassified information at a level commensurate with the risk, accounting for information flow down to its subcontractors in a multi-tier supply chain. Cybersecurity Maturity Model Certification (CMMC) Program. RIN 0790–AL49 This rule establishes a requirement for Defense Industrial Base (DIB) contractors to be assessed against the Cybersecurity Maturity Model Certification (CMMC) 2.0 in order to qualify for award of designated future DoD contracts. This model is designed to provide increased assurance to the Department that contractors are compliant with existing information security standards for Federal Contract Information (FCI) and Controlled Unclassified Information (CUI) and are fully capable of protecting such information at a level commensurate with risk from cybersecurity threats. Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities. RIN: 0790–AK86 This rule will allow a broader community of defense contractors to access to relevant cyber threat information the Department believes is critical in defending unclassified networks and information systems and protecting DoD warfighting capabilities. These revisions seek to address the increasing cyber threat targeting all defense contractors by expanding eligibility to defense contractors that process, store, develop, or transmit DoD Controlled Unclassified Information (CUI). This rule is part of DoD’s approach to collaborate with industry to counter cyber threats through information sharing. Rules That Tackle the Climate Crisis and Protect the Environment This rule implements the requirements of Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. Changes to the Federal Acquisition Regulation (FAR) are being made via RIN 9000–AO22 (FAR Case 2021–008, Amendments to the FAR Buy American Act Requirements). This rule proposes conforming changes to the DFARS. VerDate Sep<11>2014 Rules That Support National Security Efforts Policy and Procedures for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408. RIN: 0710–AB22 Where a party other than the USACE seeks to use or alter a Civil Works project that USACE constructed, the proposed use or alteration is subject to the prior approval of the USACE. Some examples of such alterations include an improvement to the project; relocation PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 of part of the project; or installing utilities or other non-project features. These alterations may be proposed by local or state governments, other federal agencies, private corporations, or private citizens, for example. This requirement was established in section 14 of the Rivers and Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408). Section 408 provides that the USACE may grant permission for another party to alter a Civil Works project, upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project. The USACE is proposing to convert its policy that governs the section 408 program to a binding regulation. This policy, Engineer Circular 1165–2–220, Policy, and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, was issued in September 2018. Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers. RIN 0710–AA78 The U.S. Army Corps of Engineers (Corps) is proposing to update the Federal regulation that covers the procedures that the Corps uses under section 5 of the Flood Control Act of 1941, as amended (33 U.S.C. 701n), commonly referred to as Public Law 84– 99. The Corps relies on this program to prepare for, respond to, and help communities recover from a flood, hurricane, or other natural disaster, including the repair of damage to eligible flood risk reduction infrastructure. The Corps initiated this rulemaking process through an advanced notice of proposed rulemaking (ANPRM) on February 13, 2015. As a next step, the Corps is planning to propose revisions to the program to address statutory changes under various Water Resources Development Act provisions and to formalize certain agency guidance relating to natural disaster procedures. Hurricane Katrina (2005), Hurricane Sandy (2012), flooding on the Mississippi and Missouri Rivers (2008, 2011, and 2013), and Hurricanes Harvey, Irma, and Maria (2017) have provided a more detailed understanding of the nature and severity of risk associated with flood control projects. In addition, the maturation of riskinformed decision-making approaches and technological advancements influenced the outlook on the implementation of Public Law 84–99 activities, with a shift toward better E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda alignment with Corps Levee Safety and National Flood Risk Management Programs, as well as the National Preparedness and Response Frameworks. Through these programs, the Corps works with non-Federal sponsors and stakeholders to assess, communicate, and manage the risks to people, property, and the environment associated with levee systems and flood risks. lotter on DSK11XQN23PROD with NOTICES1 Credit Assistance for Water Resources Infrastructure Projects. RIN: 0710–AB31 The USACE proposes to implement a new credit program for dam safety work at non-Federal dams. The program is authorized under the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) and Division D, Title 1 of the Consolidated Appropriations Act of 2021. WIFIA authorizes the USACE to provide secured (direct) loans and loan guarantees (Federal Credit instruments) to eligible water resources infrastructure projects and to charge fees to recover all or a portion of the USACE’ cost of providing credit assistance and the costs of conducting engineering reviews and retaining expert firms, including financial and legal services, to assist in the underwriting and servicing of Federal credit instruments. Projects would be evaluated and selected by the Secretary of the Army (the Secretary), based on the requirements and the criteria described in this rule. Appendix C Procedures for the Protection of Historic Properties. RIN 0710–AB46 The U.S. Army Corps of Engineers (Corps) considers the effects of its actions on historic properties pursuant to section 106 of the National Historic Preservation Act (NHPA). The Corps’ Regulatory Program’s regulations for complying with the NHPA are outlined at 33 CFR 325 Appendix C. Since these regulations were promulgated in 1990, there have been amendments to the NHPA and revisions to the Advisory Council on Historic Preservation’s (ACHP) regulations at 36 CFR part 800. In response, the Corps issued interim guidance until rulemaking could be completed in order to ensure full compliance with the NHPA and ACHP’s regulations. Appendix C is intended to provide the implementing procedures for the Regulatory Program’s compliance with Section 106 of the National Historic Preservation Act. Rulemaking is required to ensure the Regulatory Program is compliant with the NHPA and ACHP’s implementing regulations at 36 CFR 800 for federal agency compliance with Section 106. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Revised Definition of ‘‘Waters of the United States’’—Rule 1 RIN: 0710— AB40. Related RIN: 2040–AG19 In April 2020, the EPA, and the Department of the Army (‘‘the agencies’’) published the Navigable Waters Protection Rule (NWPR) that revised the previously codified definition of ‘‘waters of the United States’’ (85 FR 22250, April 21, 2020). The agencies are now initiating this new rulemaking process that restores the regulations (51 FR 41206) in place prior to the 2015 ‘‘Clean Water Rule: Definition of ‘Waters of the United States’’ (80 FR 37054, June 29, 2015), updated to be consistent with relevant Supreme Court decisions. The agencies conducted a substantive re-evaluation of the definition of ‘‘waters of the United States’’ in accordance with the Executive Order 13990 and determined that they need to revise the definition to ensure the definition is consistent with the best available science, protects the environment, ensures access to clean water, considers how climate change resiliency may be affected by the definition of waters of the United States, and ensures environmental justice is prioritized in the rulemaking process. The agencies intend to consider further revisions in a second rule in light of additional stakeholder engagement and implementation considerations, scientific developments, and environmental justice values. This effort will also be informed by the experience of implementing the pre-2015 rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule. Revised Definition of ‘‘Waters of the United States’’—Rule 2 RIN: 0710–AB47 The Department of the Army and the Environmental Protection Agency intend to pursue a second rule defining ‘‘Waters of the United States’’ to consider further revisions to the agencies’ first rule (RIN 0710–AB40) which proposes to restore the regulations in place prior to the 2015 ‘‘Clean Water Rule: Definition of ’Waters of the United States’’ (80 FR 37054, June 29, 2015), updated to be consistent with relevant Supreme Court Decisions, and reflect a reasonable interpretation based on the record before the agencies, including the best available science. This second rule proposes to include revisions reflecting on additional stakeholder engagement and implementation considerations, scientific developments, and environmental justice values. This effort will also be informed by the experience of implementing the pre-2015 rule, the PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 10999 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule. Rules That Address Military Family Matters Definitions of Gold Star Family and Gold Star Survivor. RIN 0790–AL56 This rule implements section 626 of the FY 2022 NDAA to define the terms ‘‘gold star family’’ and ‘‘gold star survivor’’ for consistent use across all military departments. The Defense Department treats all surviving family members equally and survivor benefits are the same across the board unless their Service member is killed or dies from causes under dishonorable conditions. TRICARE; Reimbursement of Ambulatory Surgery Centers and Outpatient Services Provided in Cancer and Children’s Hospitals. RIN 0720– AB73 This final rule will revise: (1) 32 CFR 199.2 by adding, in alphabetical order, the definitions of ‘‘Ambulatory Surgery Center’’, ‘‘Cancer hospital’’, and ‘‘Children’s hospital’’; (2) 32 CFR 199.6 to include news requirements that Ambulatory Surgery Centers (ASC) participating in Medicare must meet all program requirements; and (3) 32 CFR 199.14 to implement Medicare’s payment methodologies for reimbursing ambulatory surgery centers and Cancer and Children’s Hospitals. The combined impact of is rule is a cost-saving of approximately $45 million, which would be offset by $1.5 million in administrative costs to implement the changes. This estimated reduction in costs of $45 million is a transfer from providers to DoD. DOD—OFFICE OF THE SECRETARY (OS) Proposed Rule Stage 20. Department of Defense (DOD)Defense Industrial Base (DIB) Cybersecurity (CS) Activities [0790– AK86] Priority: Other Significant. Legal Authority: 10 U.S.C. 391; 10 U.S.C. 2224; 44 U.S.C. 3541; 10 U.S.C. 393 CFR Citation: 32 CFR 236. Legal Deadline: None. Abstract: The DIB CS Program currently provides cyber threat information to cleared defense contractors. Proposed revisions would allow all defense contractors who process, store, develop, or transit DoD controlled unclassified information to E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with NOTICES1 11000 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda be eligible for the program and to receive cyber threat information. Expanding participation will allow a broader community of defense contractors to participate in the DIB CS Program and is in alignment with the National Defense Strategy. Statement of Need: The unauthorized access and compromise of DoD unclassified information and operations poses an imminent threat to U.S. national security and economic security interests and contractors are being targeted on a daily basis. Many of these contractors are small and medium size contractors that can benefit from partnering with DoD to enhance and supplement their cybersecurity capabilities. Summary of Legal Basis: This revised regulation supports the Administration’s effort to promote public-private cyber collaboration by expanding eligibility for the DIB CS voluntary cyber threat information sharing program to all defense contractors. This regulation aligns with DoD’s statutory responsibilities for cybersecurity engagement with those contractors supporting the Department. Alternatives: (1) No action alternative: Maintain status quo with the ongoing voluntary cybersecurity program for cleared contractors. (2) Next best alternative: DoD posts generic cyber threat information and cybersecurity best practices on a public accessible website without directly engaging participating companies. Anticipated Cost and Benefits: Participation in the voluntary DIB CS Program enables DoD contractors to access Government Furnished Information and collaborate with the DoD Cyber Crime Center (DC3) to better respond to and mitigate cyber threats. In order to join the DIB CS Program, there is an initial labor burden to apply to the program and provide point of contact information which is estimated to take 20 minutes per company. In addition, there is a cost for defense contractors to voluntarily share cyber indicator information. DoD estimates that each response will take a respondent two hours to complete. The costs are under review as part of 0704–0489 and 0704– 0490. For DIB participants, this program provides cyber threat information and technical assistance through analyst-toanalyst exchanges, mitigation and remediation strategies, and cybersecurity best practices in a collaborative environment for participating companies. Risks: Threats to unclassified information systems represent a risk of compromise of DoD information and mission. This threat is particularly acute VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 for small and medium size companies with less mature cybersecurity capabilities. Through collaboration with DoD and the sharing with other contractors in the DIB CS Program, defense contractors will be better prepared to mitigate the cyber risk they face today and in the future. Timetable: Action Date NPRM .................. FR Cite 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Federal. Agency Contact: McKay Tolboe, Director, Cybersecurity Policy and Partnerships CIO, Department of Defense, Office of the Secretary, 4800 Mark Center, Alexandria, VA 22311, Phone: 571 372–4640, Email: mckay.r.tolboe.civ@mail.mil. RIN: 0790–AK86 DOD—OS 21. Cybersecurity Maturity Model Certification (CMMC) Program [0790– AL49] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: This action may affect the private sector under PL 104– 4. Legal Authority: 5 U.S.C. 301; Pub. L. 116–92, sec. 1648 CFR Citation: 32 CFR 170. Legal Deadline: None. Abstract: DOD is proposing to implement the Cybersecurity Maturity Model Certification (CMMC) Framework, to help assess a Defense Industrial Base (DIB) contractor’s compliance with and implementation of cybersecurity requirements to safeguard Federal Contract Information (FCI) and Controlled Unclassified Information (CUI) transiting non-federal systems and mitigate the threats posed by Advanced Persistent Threats—adversaries with sophisticated levels of expertise and significant resources. Statement of Need: CMMC is designed to provide increased assurance to the DoD that a DIB contractor can adequately protect sensitive unclassified information (i.e., FCI and CUI) at a level commensurate with the risk, and accounting for information flow down to its subcontractors in a multi-tier supply chain. Summary of Legal Basis: 5 U.S.C. 301 authorizes the head of an Executive department or military department to prescribe regulations for the government PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 of his or her department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. 41 U.S.C 1303; Pub. L. 116–92, sec. 1648 directs the Secretary of Defense to develop a consistent, comprehensive framework to enhance cybersecurity for the U.S. defense industrial base. Developing the CMMC Program was as an important first step toward meeting these requirements.* Alternatives: DoD considered and adopted several alternatives during the development of this rule that reduce the burden on the DIB community and still meet the objectives of the rule. These alternatives include: (1) maintaining status quo, leveraging only the current requirements implemented in DFARS provision 252.204–7019 and DFARS clause 252.204–7020 requiring DIB contractors and offerors to self-assess utilizing the DoD Assessment Methodology and entering a Basic Summary Score; (2) revising CMMC 1.0 to CMMC 2.0 in response to public comments, to reduce the burden for small businesses and contractors who do not process, store or transmit critical CUI by eliminating the requirement to hire a C3PAO and instead allow selfassessment with annual affirmations to maintain compliance at CMMC Level 1, and llowing triennial self-certification with an annual affirmation to maintain compliance for some CMMC Level 2 programs; (3) exempting contracts and orders exclusively for the acquisition of commercially available off-the-shelf items; and (4) implementing a phased implementation for CMMC. In addition, the Department took into consideration the timing of the requirement to achieve a specified CMMC level: (1) at time of proposal or offer submission, (2) post contract award, or (3) at the time of contract award. Anticipated Cost and Benefits: The theft of intellectual property and sensitive information, including FCI and CUI, from all U.S. industrial sectors due to malicious cyber activity threatens U.S. economic and national security. The Council of Economic Advisors estimates that malicious cyber activity cost the U.S. economy between $57 billion and $109 billion in 2016. Over a ten-year period, that burden would equate to an estimated $570 billion to $1.09 trillion dollars in costs. Risks: The aggregate loss of intellectual property and certain unclassified information from the DoD supply chain can undercut U.S. technical advantages and innovation, as E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Department. It will modernize the Department’s practices in addressing issues of discrimination. This rule amends the Department’s prior Action Date FR Cite regulation to include updated accessibility standards for recipients of NPRM .................. 05/00/23 Federal financial assistance to be more user-friendly and to support individuals Regulatory Flexibility Analysis with disabilities. This update Required: Yes. incorporates the directive of Executive Small Entities Affected: Businesses. Order 14035, Diversity, Equity, Government Levels Affected: Federal. International Impacts: This regulatory Inclusion, and Accessibility in the Federal Workforce by defining, action will be likely to have clarifying, advancing accessibility international trade and investment throughout DoD programs and activities. effects, or otherwise be of international Summary of Legal Basis: Title 28, interest. Code of Federal Regulations, part 41, Agency Contact: Diane L. Knight, implementing Executive Order 12250, Senior Management and Program assigns the DOJ responsibility to Analyst, Department of Defense, Office coordinate implementation of section of the Secretary, 4800 Mark Center 504 of the Rehabilitation Act. Drive, Suite 12E08, Alexandria, VA This rule is being finalized under the 22350, Phone: 202 770–9100, Email: authorities of title 29, U.S.C., chapter diane.l.knight10.civ@mail.mil. 16, subchapter V, sections 794 through RIN: 0790–AL49 794d, codifying legislation prohibiting discrimination on the basis of disability under any program or activity receiving DOD—OS Federal financial assistance or under any program or activity conducted by Final Rule Stage any Federal agency, including 22. Nondiscrimination on the Basis of provisions establishing the United Disability in Programs or Activities States Access Board and requiring Assisted or Conducted by the DOD and Federal agencies to ensure that in Equal Access to Information and information and communication Communication Technology Used by technology is accessible to and usable DOD [0790–AJ04] by individuals with disabilities Alternatives: The Department Priority: Other Significant. Legal Authority: Pub. L. 100–259; Pub. considered taking no new action and continuing to rely on the existing L. 102–569; 29 U.S.C. 791 to 794d; 42 regulation. The Department considered U.S.C. ch. 51 and 126; E.O. 12250 issuing sub-regulatory guidance to CFR Citation: 32 CFR 56. clarify existing regulation. Both options Legal Deadline: None. Abstract: The Department is finalizing were rejected because of the need to update and clarify the Department’s revisions to implement Section 504 of obligations pursuant to section 504 and the Rehabilitation Act of 1973, which section 508 of the Rehabilitation Act of prohibits discrimination on the basis of 1973, as amended. disability in programs or activities Anticipated Cost and Benefits: TBD. receiving Federal financial assistance Risks: Without this final rule, the from DoD and those programs or Department’s current regulation is activities conducted by DoD. The inconsistent with current Federal regulation also implements section 508 statutes and regulations, as well as of the Rehabilitation Act, which developments in Supreme Court requires DoD make its electronic and jurisprudence, regarding unlawful information technology accessible to discrimination on the basis of disability. individuals with disabilities. Additionally, the regulation implements Consistent with congressional intent, the provisions in the final rule are the Architectural Barriers Act of 1968, consistent with the nondiscrimination which requires that DoD make facilities provisions in DOJ regulations accessible to individuals with implementing title II of the ADA disabilities. Finally, the regulation Amendments Act (applicable to state updates the complaint resolution and and local government entities). enforcement procedures pursuant to Timetable: section 504 and the complaint resolution and enforcement procedures Action Date FR Cite pursuant to section 508. Statement of Need: Finalization of NPRM .................. 07/16/20 85 FR 43168 this Department-wide rule will clarify NPRM Comment 09/14/20 the longstanding policy of the Period End. lotter on DSK11XQN23PROD with NOTICES1 well as significantly increase risk to national security. Timetable: VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 Action Final Action ......... Date 11001 FR Cite 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Additional Information: DoD internal guidance will be located in DoD Instruction 1020.dd (‘‘Unlawful Discrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance from, or Conducted by, the DoD’’). This Instruction will publish after the finalization of this rule. Agency Contact: Randy Cooper, Director, Department of Defense Disability EEO Policy and Compliance Department of Defense, Office of the Secretary 4000 Defense Pentagon Room 5D64, Washington, DC 20301–4000, Phone: 703 571–9327, Email: randy.d.cooper3.civ@mail.mil. RIN: 0790–AJ04 DOD—OS 23. Definitions of Gold Star Family and Gold Star Survivor [0790–AL56] Priority: Other Significant. Legal Authority: Pub. L. 117–81 CFR Citation: 32 CFR 46. Legal Deadline: Final, Statutory, December 27, 2022, Sec 626 of the NDAA 2022 (Pub. L. 117–81). Section 626 of the NDAA 2022 (Pub. L. 117–81) requires publication of an interim final rule no later than one year after the date of the enactment of this Act. Abstract: This rule implements section 626 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81) to establish standard definitions, for use across the military departments, of the terms ‘‘gold star family’’ and ‘‘gold star survivor.’’ Statement of Need: The objective of the rule is to establish standard definitions, for use across the military departments, of the terms gold star family and gold star survivor. Summary of Legal Basis: This rule is proposed under the authorities of section 626(c) of Public Law 117–81, FY 2022 NDAA. Alternatives: The alternative is to take no action. Anticipated Cost and Benefits: The cost to publish this new rule and update the Defense Department’s policies is estimated at $900,000. This includes the public’s time to review the proposed rule and resources needed to respond to any public comments, publish the E:\FR\FM\22FEP2.SGM 22FEP2 11002 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda interim rule, revise policies, and possibly revamp the Navy and Coast Guard’s long-term case management programs. Risks: This action does not reduce risks to public health, safety, or the environment, or effect other risks within the jurisdiction of the Defense Department. Timetable: Action Date Interim Final Rule FR Cite 06/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Deborah S. Skillman, Director, Department of Defense, Office of the Secretary, 1500 Defense Pentagon, Washington, DC 20301–1500, Phone: 571 372–5333, Email: deborah.s.skillman.civ@mail.mil. RIN: 0790–AL56 DOD—DEFENSE ACQUISITION REGULATIONS COUNCIL (DARC) Proposed Rule Stage lotter on DSK11XQN23PROD with NOTICES1 24. Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041) [0750–AK81] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 41 U.S.C. 1303; Pub. L. 116–92, sec. 1648 CFR Citation: 48 CFR 204; 48 CFR 212; 48 CFR 217; 48 CFR 252. Legal Deadline: None. Abstract: DoD is amending an interim rule to implement the CMMC framework 2.0 in order to protect against the theft of intellectual property and sensitive information from the Defense Industrial Base (DIB) sector. The CMMC framework is a DoD certification process that measures a company’s institutionalization of processes and implementation of cybersecurity practices. This rule provides the Department with assurances that a DIB contractor can adequately protect sensitive unclassified information at a level commensurate with the risk, accounting for information flow down to its subcontractors in a multi-tier supply chain. Statement of Need: The purpose of this DFARS rule is to ensure that Defense Industrial Base (DIB) contractors will adequately protect sensitive unclassified information at a level commensurate with the risk, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 accounting for information flow down to its subcontractors in a multi-tier supply chain. Summary of Legal Basis: This rule is being implemented under the authority of 41 U.S.C. 1303 and section 1648 of the National Defense Authorization Act for Fiscal Year (FY) 2020 (Pub. L. 116– 92). The USD (A&S) has the authority and responsibility for promulgating DoD procurement rules under the OFPP statute, codified at title 41 of the U.S. Code. Section 1648 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116–92) directs the Secretary of Defense to develop a riskbased cybersecurity framework for the DIB sector, such as CMMC, as the basis for a mandatory DoD standard. Alternatives:DoD considered and adopted several alternatives during the development of the interim rule that reduced the burden on small entities and still meet the objectives of the rule. DoD will consider similar alternatives for the amendment rule. These alternatives include: (1) exempting contracts and orders exclusively for the acquisition of commercially available off-the-shelf items; and (2) implementing a phased rollout and stipulating that the inclusion a CMMC requirement in new contracts until that time be approved by the Office of the Under Secretary of Defense for Acquisition and Sustainment. Anticipated Cost and Benefits: The annualized value of costs beginning in fiscal year 2021 (calculated in perpetuity in 2016 dollars at a 7 percent discount rate) associated with implementing the CMMC Framework in the interim is $4 billion. The primary benefit of this rule is improving the protection of the Department’s sensitive information and reducing the threat to DIB sector intellectual property by: • Enabling assessments at the entitylevel of contractor implementation of cyber security processes and practices that should already be in place; • Requiring comprehensive implementation of cybersecurity requirements rather than plans of action to accomplish implementation; • Verifying DIB sector contractor and subcontractor cybersecurity postures; and • Reducing duplicative or repetitive assessments of our industry partners through standardization. Risks: The theft of intellectual property and sensitive information from all U.S. industrial sectors due to malicious cyber activity threatens economic security and national security. Malicious cyber actors have and continue to target the DIB sector and the supply chain of the Department of PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 Defense. These attacks not only focus on the large prime contractors, but also target subcontractors that make up the lower tiers of the DoD supply chain. Many of these subcontractors are small entities that provide critical support and innovation. The aggregate loss of intellectual property and certain unclassified information from the DoD supply chain can undercut U.S. technical advantages and innovation, as well as significantly increase risk to national security. Timetable: Action Interim Final Rule Interim Final Rule Effective. NPRM .................. Date 09/29/20 11/30/20 FR Cite 85 FR 48513 05/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Federal. Public Compliance Cost: Base Year for Dollar Estimates: 2021. Agency Contact: Jennifer D. Johnson, Office of the Under Secretary of Defense for Acquisition and Sustainment, Department of Defense, Defense Acquisition Regulations Council, Defense Pricing and Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon, Washington, DC 20301–3060, Phone: 703 717–8226, Email: jennifer.d.johnson1.civ@mail.mil. Related RIN: Split from 0750–AL68, Related to 0790–AL49 RIN: 0750–AK81 DOD—DARC 25. Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043) [0750–AK84] Priority: Other Significant. Legal Authority: 41 U.S.C. 1303 CFR Citation: 48 CFR 227; 48 CFR 252. Legal Deadline: None. Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement changes related to data rights in the Small Business Administration’s Policy Directive for the Small Business Innovation Research (SBIR) Program, published in the Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy Directive includes several revisions to clarify data rights, which require corresponding revisions to the DFARS. Statement of Need: This rule is necessary to implement the Small E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Business Administration (SBA) policies related to data rights in the Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program Policy Directive, published in the Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy Directive includes several revisions to clarify data rights, which require corresponding revisions to the DFARS. Summary of Legal Basis: The legal basis for this rule is 15 U.S.C. 638, which provides the authorization, policy, and framework for SBIR/STTR programs. Alternatives: There are no alternatives that would meet the stated objective of this rule. Anticipated Cost and Benefits: While specific costs and savings have not been quantified, this rule is expected to have significant benefit for small businesses participating in the DoD SBIR and STTR programs. SBIR and STTR enable small businesses to explore their technological potential and provide the incentive to profit from its commercialization. By including qualified small businesses in the nation’s research and development arena, high-tech innovation is stimulated, and the United States gains entrepreneurial spirit as it meets its specific research and development needs. Risks: The continuous protection of a contractor’s SBIR/STTR data while actively pursuing or commercializing its technology with the Federal Government, provides a significant incentive for innovative small businesses to participate in these programs. Timetable: Action Date lotter on DSK11XQN23PROD with NOTICES1 ANPRM ............... Correction ............ ANPRM Comment Period End. Comment Period Extended. ANPRM Comment Period End. NPRM .................. NPRM Comment Period End. Final Action ......... FR Cite 08/31/20 09/21/20 10/30/20 85 FR 53758 85 FR 59258 12/04/20 85 FR 78300 01/31/21 12/19/22 02/17/23 87 FR 77680 11/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal. Agency Contact: Jennifer D. Johnson, Office of the Under Secretary of Defense for Acquisition and Sustainment, Department of Defense, Defense Acquisition Regulations Council, Defense Pricing and Contracting, Defense Acquisition Regulations VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 System, Room 3B938, 3060 Pentagon, Washington, DC 20301–3060, Phone: 703 717–8226, Email: jennifer.d.johnson1.civ@mail.mil. RIN: 0750–AK84 DOD—DARC 26. Defense Commercial Solutions Opening (DFARS Case 2022–D006) [0750–AL57] Priority: Other Significant. Legal Authority: 41 U.S.C. 1303; Pub. L. 117–81, sec. 803; 10 U.S.C. 2380(c) CFR Citation: 48 CFR 212. Legal Deadline: None. Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 803 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117–81) that amends 10. U.S.C. 2380 to establish a permanent authority for the Secretary of Defense and those of the military departments to acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. Products and services purchased under this authority are treated as commercial. Statement of Need: This rule is necessary to implement section 803 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81), which establishes a permanent authority for the Secretary of Defense and those of the military departments to acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. Products and services purchased under this authority are treated as commercial. Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 1303 and section 803 of Public Law 117–81. Alternatives: There are no alternatives that would meet the requirements of section 803 of Public Law 117–81. Anticipated Cost and Benefits: This rule will enable DoD to access innovative products and services of entities that may not have not done business with DoD in the past. Such entities may compete for additional DoD contracts, thereby increasing competition for DoD contracts. Risks: The difficulty of accessing innovative products and services of these entities creates a risk for DoD with regard to finding solutions and obtaining products and services that meet the Department’s needs. PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 11003 Timetable: Action NPRM .................. Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal. Agency Contact: Jennifer D. Johnson, Office of the Under Secretary of Defense for Acquisition and Sustainment, Department of Defense, Defense Acquisition Regulations Council, Defense Pricing and Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon, Washington, DC 20301–3060, Phone: 703 717–8226, Email: jennifer.d.johnson1.civ@mail.mil. RIN: 0750–AL57 DOD—DARC 27. Modification of Prize Authority for Advanced Technology Achievements (DFARS Case 2022–D014) [0750–AL65] Priority: Other Significant. Legal Authority: 41 U.S.C. 1303; 10 U.S.C. 2374a; Pub. L. 117–81, sec. 822 CFR Citation: 48 CFR 235. Legal Deadline: None. Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 822 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117–81), which revises 10 U.S.C. 2374a regarding the award of prizes for advanced technology achievement to: (1) authorize the award of procurement contracts and other agreements ‘‘as an other type of prize’’ (as in other than cash prizes); (2) permit the award of prizes, including procurement contracts and other agreements, in excess of $10,000,000 with the approval of the Under Secretary of Defense for Research and Engineering; and (3) require DoD provide Congress with notice of an award of a procurement contract or other agreement under this program that exceeds $10 million. Statement of Need: This rule is necessary to implement section 822 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81). Section 822 revises 10 U.S.C. 2374a regarding the award of prizes for advanced technology achievement to: (1) authorize the award of procurement contracts and other agreements as an other type of prize (as in other than cash prizes); (2) permit the award of prizes, including procurement contracts and other agreements, in excess of $10,000,000 with the approval of the E:\FR\FM\22FEP2.SGM 22FEP2 11004 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Under Secretary of Defense for Research and Engineering; and (3) require DoD provide Congress with notice of an award of a procurement contract or other agreement under this program that exceeds $10 million. Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 1303 and section 822 of Public Law 117–81. Alternatives: There are no alternatives that would meet the requirements of section 822 of Public Law 117–81. Anticipated Cost and Benefits: This rule will help to expand the Defense Industrial Base, thereby increasing competition for future DoD contracts. Risks: The difficulty of accessing advanced technologies creates a risk for DoD with regard to finding solutions and obtaining products and services that meet the Department’s needs. Timetable: Action Date NPRM .................. FR Cite 04/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal. Agency Contact: Jennifer Johnson, Defense Acquisition Regulations System, Department of Defense, Defense Acquisition Regulations Council, 3060 Defense Pentagon, Room 3B941, Washington, DC 20301–3060, Phone: 571 372–6100, Email: jennifer.d.johnson1.civ@mail.mil. RIN: 0750–AL65 lotter on DSK11XQN23PROD with NOTICES1 DOD—DARC 28. • DFARS Buy American Act Requirements (DFARS Case 2022–D019) [0750–AL74] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 41 U.S.C. 1303 CFR Citation: 48 CFR 225; 48 CFR 252. Legal Deadline: None. Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the requirements of Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. Changes to the Federal Acquisition Regulation (FAR) are being made via RIN 9000–AO22 (FAR Case 2021–008, Amendments to the FAR Buy American Act Requirements). This rule proposes conforming changes to the DFARS. Statement of Need: This rule is necessary to implement Executive Order 14005, Ensuring the Future Is Made in VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 All of America by All of America’s Workers, which increases the required percentage of domestic content for end products and construction material. Changes to the Federal Acquisition Regulation (FAR) are being made via RIN 9000–AO22 (FAR Case 2021–008, Amendments to the FAR Buy American Act Requirements). This rule proposes conforming changes to the DFARS. Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 1303 and Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. Alternatives: There are no alternatives that would meet the requirements of Executive Order 14005. Anticipated Cost and Benefits: This rule increases the percentage for use in the domestic content text applied to offers of end products and construction materials to determine domestic or foreign origin. The rule will strengthen domestic preferences under the Buy American statute. It is expected that this rule will benefit large and small U.S. manufacturers supplying domestic end products and materials. Risks: There is a risk that U.S. manufacturers would experience a competitive disadvantage without the increase in the required domestic content. Timetable: Action Date NPRM .................. FR Cite 07/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal. Agency Contact: Jennifer D. Johnson, Office of the Under Secretary of Defense for Acquisition and Sustainment, Department of Defense, Defense Acquisition Regulations Council, Defense Pricing and Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon, Washington, DC 20301–3060, Phone: 703 717–8226, Email: jennifer.d.johnson1.civ@mail.mil. RIN: 0750–AL74 DOD—DARC Final Rule Stage 29. Past Performance of Subcontractors and Joint Venture Partners (DFARS Case 2018–D055) [0750–AK16] Priority: Other Significant. Legal Authority: 41 U.S.C. 1303; Pub. L. 115–232, sec. 823 CFR Citation: 48 CFR 215; 48 CFR 236; 48 CFR 242; 48 CFR 252. PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 Legal Deadline: Final, Statutory, February 9, 2019, 180 days after enactment. Abstract: DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 823 of the National Defense Authorization Act for Fiscal Year 2019, which establishes a requirement for use of the best available information regarding past performance of subcontractors and joint venture partners when awarding DoD construction and architect-engineer (A&E) contracts. Section 823 requires annual performance evaluations for first-tier subcontractors and individual partners of joint venture construction and A&E contracts valued at either $750,000 or more, or 20 percent of the value of the prime contract (whichever is higher), in accordance with specified conditions. In addition, processes for exceptions from the annual evaluation requirement will be established for construction and A&E contracts where submission of annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners under specified conditions. This rule will amend DFARS part 242 to incorporate these new requirements and processes. Statement of Need: This rule is necessary to implement section 823 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232), which establishes a requirement for use of the best available information regarding past performance of subcontractors and joint venture partners when awarding DoD construction and architect-engineer contracts. Section 823 requires annual performance evaluations for first-tier subcontractors and individual parties to joint ventures performing construction and architect-engineer contracts valued at either $750,000 or more, or 20 percent of the value of the prime contract (whichever is higher), in accordance with specified conditions. In addition, processes for exceptions from the annual evaluation requirement will be established for construction and architect-engineer contracts where submission of annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners under specified conditions. Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 1303 and section 823 of Public Law 115–232. Alternatives: There are no alternatives that would meet the requirements of section 823 of Public Law 115–232. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Anticipated Cost and Benefits: This rule will make it easier for subcontractors and individual parties to joint ventures to establish a record of their past performance. These entities will be able to take credit for the work they performed on contracts and subcontracts, which will help them be more competitive when bidding on future DoD contracts. This will help increase competition for DoD contracts. Risks: Due to the difficulty of establishing a record of past performance on DoD contracts, there is a risk of reduced competitiveness for subcontractors and individual parties to joint ventures. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 05/20/21 07/19/21 FR Cite 86 FR 27358 02/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: Federal. Agency Contact: Jennifer D. Johnson, Office of the Under Secretary of Defense for Acquisition and Sustainment, Department of Defense, Defense Acquisition Regulations Council, Defense Pricing and Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon, Washington, DC 20301–3060, Phone: 703 717–8226, Email: jennifer.d.johnson1.civ@mail.mil. RIN: 0750–AK16 DOD—DARC lotter on DSK11XQN23PROD with NOTICES1 30. Restriction on Acquisition of Personal Protective Equipment and Certain Items From Non-Allied Foreign Nations (DFARS Case 2022–D009) [0750–AL60] Priority: Other Significant. Legal Authority: 41 U.S.C. 1303; Pub. L. 117–81 sec. 802; 10 U.S.C. 2533e CFR Citation: 48 CFR 225; 48 CFR 252. Legal Deadline: None. Abstract: DoD is issuing an interim rule to amend the Defense Federal Acquisition Regulation Supplement to implement section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 NDAA (Pub. L. 117–81). Section 802 adds 10 U.S.C. 2533e which prohibits the acquisition of personal protective equipment and certain other items from non-allied foreign nations. An exception applies if: (1) the Secretary of Defense determines VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 that a covered item of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than a covered country to meet requirements at a reasonable price; (2) a covered item is for use outside of the United States; or (3) if the procurement for a covered material is at or below $150,000. A limitation provides that a proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for an exception. Statement of Need: This rule is needed to implement section 802 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81), which prohibits the acquisition of personal protective equipment related to healthcare and certain other healthcarerelated items from non-allied foreign nations. The prohibition does not apply to items for use outside of the United States or if the procurement is valued at or below $150,000. In addition, the prohibition does not apply if the Secretary of Defense determines that a covered item of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than non-allied nations to meet requirements at a reasonable price. Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 1303 and section 802 of Public Law 117–81. Alternatives: There are no alternatives that would meet the requirements of section 802 of Public Law 117–81. Anticipated Cost and Benefits: Decreasing dependence on personal protective equipment and certain other items, as identified in section 802, originating in non-allied foreign countries is a matter of public health and national security especially during a declared public health emergency. The domestic supply chain for personal protective equipment and certain other items is critical. An adequate continued supply is vital to ensure domestic control with minimal disruption in production and to reduce U.S. dependence on non-allied foreign countries. This restriction is similar to other domestic sourcing restrictions required by 10 U.S.C. 2533 in effect to reduce dependence on non-allied foreign sources and to continue to promote growth in domestic capability. This rule restricts the acquisition of covered items (personal protective equipment for use in preventing the spread of disease and certain other items) from non-allied foreign nations. The restriction will not apply— • To acquisitions of the covered items for use outside of the United States; PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 11005 • For acquisitions at or below $150,000; or • If it is determined that covered items of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than the covered countries to meet the requirements at a reasonable price. Estimated impacts to industry may include minor compliance costs to validate with suppliers the origin of covered items to comply with the prohibition. Based on data from the Federal Procurement Data System for fiscal years 2019, 2020, and 2021 for contracts awarded in Product Service Code 65 (Medical, Dental, and Veterinary Equipment and Supplies) in the United States valued at or above $150,000, DoD awarded an average of 1,677 such contracts to 192 unique entities, of which 105 were small businesses. It is not known what percentage of these awards might involve personal protective equipment and other covered items from the covered countries. Potential benefits of this rule will be the elimination of counterfeit covered items within the domestic supply chain and reduced dependence on foreign sources that are not allies of the United States. In addition, this restriction will further promote growth in domestic capabilities and may provide additional opportunities to domestic small businesses for future procurement and manufacturing efforts, increasing domestic sourcing of personal protective equipment and other covered items. Risks: A shortage of supply of personal protective equipment and certain other items would put at risk public health and the safety and wellbeing of the general public. A shortage of these items also would hinder DoD’s mission readiness. Timetable: Action Interim Final Rule Date FR Cite 02/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal. International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Agency Contact: Jennifer Johnson, Defense Acquisition Regulations System, Department of Defense, Defense Acquisition Regulations Council, 3060 Defense Pentagon, Room 3B941, Washington, DC 20301–3060, Phone: E:\FR\FM\22FEP2.SGM 22FEP2 11006 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda 571 372–6100, Email: jennifer.d.johnson1.civ@mail.mil. RIN: 0750–AL60 DOD—U.S. ARMY CORPS OF ENGINEERS (COE) lotter on DSK11XQN23PROD with NOTICES1 Proposed Rule Stage 31. Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers [0710–AA78] Priority: Other Significant. Legal Authority: 33 U.S.C. 701n CFR Citation: 33 CFR 203. Legal Deadline: None. Abstract: The U.S. Army Corps of Engineers (Corps) is proposing to update the Federal regulation that covers the procedures that the Corps uses under section 5 of the Flood Control Act of 1941, as amended (33 U.S.C. 701n), commonly referred to as Public Law 84– 99. The Corps relies on this program to prepare for, respond to, and help communities recover from a flood, hurricane, or other natural disaster, including the repair of damage to eligible flood risk reduction infrastructure. The Corps initiated this rulemaking process through an advanced notice of proposed rulemaking (ANPRM) on February 13, 2015. As a next step, the Corps is planning to propose revisions to the program to address statutory changes under various Water Resources Development Act provisions and to formalize certain agency guidance relating to natural disaster procedures. The notice of proposed rulemaking (NPRM) would also include a summary of the comments to the ANPRM. Statement of Need: Since the last revision in 2003, significant disasters, including Hurricane Katrina (2005), Hurricane Sandy (2012), flooding on the Mississippi and Missouri Rivers (2008, 2011, and 2013), and Hurricanes Harvey, Irma, and Maria (2017) have provided a more detailed understanding of the nature and severity of risk associated with flood control projects. In addition, the maturation of riskinformed decision making approaches and technological advancements influenced the outlook on the implementation of Public Law 84–99 activities, with a shift toward better alignment with Corps Levee Safety and National Flood Risk Management Programs, as well as the National Preparedness and Response Frameworks. Through these programs, the Corps works with non-Federal sponsors and stakeholders to assess, communicate, and manage the risks to VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 people, property, and the environment associated with levee systems and flood risks. Revisions to part 203 are necessary to implement statutes that amended or otherwise affected Public Law 84–99, as explained in the next section. Summary of Legal Basis: Public Law 84–99 authorizes an emergency fund to be expended at the discretion of the Chief of Engineers for preparation for natural disasters, flood fighting, rescue operations, repairing or restoring flood control works, emergency protection of federally authorized hurricane or shore protection projects, and the repair and restoration of federally authorized hurricane and shore protection projects damaged or destroyed by wind, wave, or water of other than ordinary nature. 1. Subsection 3029(a) of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) (Pub. L. 113– 121) authorized the Chief of Engineers, under certain circumstances, to make modifications to flood control and hurricane or shore protections works damaged during flood or coastal storms events, as well as the authority to implement nonstructural alternatives in the repair and restoration of hurricane or shore protection works. 2. Subsection 3029(b) of WRRDA 2014 authorized the Secretary of the Army to undertake a review of implementation of Public Law 84–99 to ensure the safety of affected communities to future flooding and storm events; the resiliency of water resources development projects to future flooding and storm events; the long-term costeffectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and the policy goals and objectives that were the President outlined as a response to recent extreme weather events at that time are met. 3. Section 3011 of WRRDA 2014 states that a levee system shall remain eligible for rehabilitation assistance under Public Law 84–99, as long as the system sponsor continues to make satisfactory progress, as determined by the Secretary of the Army, on an approved system wide improvement framework or letter of intent. 4. Section 1176 of the Water Resources Development Act of 2016 (WRDA 2016) (Pub. L. 114–322, title I) provided an express definition of nonstructural alternatives, as that term is used in Public Law 84–99, and authorized the Chief of Engineers, under certain circumstances, to increase the level of protection of flood control or hurricane or shore protection works or increase the capacity of a pumping station when conducting repair or PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 restoration activities to such works under Public Law 84–99. Alternatives: 1. No rule update: Implement all changes through agency discretion. Alternative not selected because the Public Law 84–99 amendments are very prescriptive, and it is inappropriate for those conflicts to exist. 2. Modify: Evaluate required changes and determine which require implementation via agency discretion and those requiring an update to the rule. Alternative not selected because of inconsistent implementation that would result and the repeal and replace alternative is the most straightforward, given the number of update changes throughout this CFR section. 3. Repeal and replace (Selected Alternative): Incorporate and integrate the current state of practice for flood risk management principles and concepts through the provision of agency policy codified in a federal rule. The intended benefit is to encourage broader community flood risk management activities, as undertaken by non-Federal project sponsors. The rule alternative also consolidates recent Public Law 84–99 amendments into one comprehensive rule, ensuring the public understands how the Corps would implement them. Anticipated Cost and Benefits: Overall, the purpose of the proposed changes to this regulation are expected to improve the effectiveness of federal and local investments to reduce flood risks in both riverine and coastal settings. These proposed changes take advantage of our increased understanding of project risks, moving from an assessment of how the project is expected to perform to a focus on a broader set of actions to reduce risk to life, including operations, maintenance, planning, and execution actions to improve emergency warning and evacuation and other activities to improve the ability of communities and individuals to understand and manage project-related risks. Informed by more detailed understanding of risk for levee systems, the Federal Government and non-Federal sponsors should be able to apply the available resources to the risk management activities that most effectively reduce riverine flood risk and avoid expenditures that have little risk reduction benefit. Risks: The rule is not expected to have a significant effect on risks to public health and safety. It would revise and update 33 CFR 203 and reflect the current state of practice for flood risk management principles and concepts. It would also amend and clarify the current role of the Corps in preparing E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda for, and responding a natural disaster, and in helping in the recovery effort. The rule may also encourage broader community flood risk management activities, as undertaken by non-Federal project sponsors. Timetable: Action Date ANPRM ............... ANPRM Comment Period End. NPRM .................. NPRM Comment Period End. Final Action ......... FR Cite 02/13/15 04/14/15 80 FR 8014 11/15/22 01/17/23 87 FR 68386 11/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Willem Helms, Department of Defense, U.S. Army Corps of Engineers, CECW–HS, 441 G Street NW, Washington, DC 20314, Phone: 202 761–5909, Email: willem.h.helms@usace.army.mil. RIN: 0710–AA78 DOD—COE lotter on DSK11XQN23PROD with NOTICES1 32. Policy and Procedures for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408 [0710–AB22] Priority: Other Significant. Legal Authority: 33 U.S.C. 408 CFR Citation: 33 CFR 350. Legal Deadline: None. Abstract: Where a party other than the U.S. Army Corps of Engineers (Corps) seeks to use or alter a Civil Works project that the Corps constructed, the proposed use or alteration is subject to the prior approval of the Corps. Some examples of such alterations include an improvement to the project; relocation of part of the project; or installing utilities or other non-project features. This requirement was established in section 14 of the Rivers and Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408). Section 408 provides that the Corps may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project. The Corps is proposing to convert its policy that governs the section 408 program to a binding regulation. This policy, Engineer Circular 1165–2–220, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 to 33 U.S.C. 408, was issued in September 2018. Statement of Need: Through the Civil Works program, the U.S. Army Corps of Engineers (Corps), in partnership with stakeholders, has constructed many Civil Works projects across the Nation’s landscape. Given the widespread locations of these projects, there may be a need for others outside of the Corps to alter or occupy these projects and their associated lands. Reasons for alterations could include activities such as improvements to the project; relocation of part of the project; or installing utilities or other non-project features. In order to ensure that these projects continue to provide their intended benefits to the public, Congress provided that any use or alteration of a Civil Works project by another party is subject to the prior approval of the Corps. This requirement was established in section 14 of the Rivers and Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408). Specifically, section 408 provides that the Corps may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project. The Corps is proposing to convert its policy that governs the section 408 program to a binding regulation. Engineer Circular 1165–2– 220, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408 was issued in September 2018. Summary of Legal Basis: The Corps has legal authority over the section 408 program under 33 U.S.C. 408. Alternatives: The preferred alternative would be to conduct rulemaking to issue the requirements governing the section 408 review process in the form of a binding regulation. The current Corps policy appears in an Engineer Circular that has expired. The next best alternative would involve issuing these requirements in the form of an Engineer Regulation. That alternative would not fulfill the intent of the law because it would not be binding on the regulated public. Anticipated Cost and Benefits: The proposed rule would reduce costs to the regulated public by clarifying the applicable requirements and providing consistent implementation of these requirements across the Corps program. It is anticipated that a form would be developed for submission of requests which would trigger the Paperwork Reduction Act compliance process and PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 11007 any associated costs will be evaluated at that time. Risks: The proposed action is not anticipated to increase risk to public health, safety, or the environment because it outlines the procedures the Corps will follow when evaluating requests for section 408 permissions. The Corps will comply with all statutory requirements when reviewing requests. Timetable: Action NPRM .................. Date FR Cite 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Virginia Rynk, Department of Defense, U.S. Army Corps of Engineers, Attn: CECW–EC, 441 G Street NW, Washington, DC 20314, Phone: 202 761–4741. RIN: 0710–AB22 DOD—COE 33. Flood Control Cost-Sharing Requirements Under the Ability To Pay Provision [0710–AB34] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 33 U.S.C. 2213(m) CFR Citation: 33 CFR 241. Legal Deadline: None. Abstract: Section 103(m) of the Water Resources Development Act (WRDA) of 1986, as amended (33 U.S.C. 2213(m)), authorizes the U.S. Army Corps of Engineers (Corps) to reduce the nonFederal share of the cost of a study or project for certain communities that are not able financially to afford the standard non-Federal cost-share. Part 241 of Title 33 in the Code of Federal Regulations provides the criteria that the Corps uses in making these determinations where the primary purpose of the study or project is flood damage reduction. The proposed rule would update this regulation, by broadening its applicability to include projects with other purposes (instead of just flood damage reduction) and the feasibility study of a project (instead of just design and construction). Statement of Need: The Corps may conduct a rulemaking to propose amendments to the Corps’ regulations at 33 CFR part 241 for Corps projects. The WRDA 2000 modified section 103(m) to also include the following mission areas: environmental protection and E:\FR\FM\22FEP2.SGM 22FEP2 11008 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda restoration, flood control, navigation, storm damage protection, shoreline erosion, hurricane protection, and recreation or an agricultural water supply project which have not yet been added to the regulation. It also included the opportunity to cost share all phases of a USACE project to also include feasibility in addition to the already covered design and construction. This rule would provide a framework for deciding which projects are eligible for consideration for a reduction in the nonFederal cost share based on ability to pay. Summary of Legal Basis: 33 U.S.C. 2213(m). Alternatives: The preferred alternative is to conduct rulemaking to amend 33 CFR 241 by broadening the project purposes for which the Corps could reduce the non-Federal cost-share based on ability to pay and by allowing such a reduction for feasibility studies. The next best alternative would be to provide additional guidance instead of amending the existing regulation. This alternative could lead to confusion for the regulated public. Anticipated Cost and Benefits: The proposed rule would add Corps procedures on the ability to pay provision allowing for consistent implementation across the Corps and clear understanding of the program and its requirements by the regulated public. Risks: The proposed action is not anticipated to increase risk to public health, safety, or the environment because it outlines the procedures the Corps will follow when evaluating the ability to pay provision for cost-sharing with the non-Federal sponsor. Timetable: Action Date lotter on DSK11XQN23PROD with NOTICES1 NPRM .................. FR Cite 11/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. Agency Contact: Amy Frantz, Program Manager, Department of Defense, U.S. Army Corps of Engineers, CECW–P, 441 G Street NW, Washington, DC 20314, Phone: 202 761–0106, Email: amy.k.frantz@usace.army.mil. Related RIN: Previously reported as 0710–AA91 RIN: 0710–AB34 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 DOD—COE 34. USACE Implementing Procedures for Principles, Requirements, and Guidelines Applicable to Actions Involving Investment in Water Resources [0710–AB41] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: Sec. 2031 of Pub. L. 110–114 CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110–114) called for revisions to the 1983 Principles and Guidelines for Water and Land Related Resources Implementation Studies, resulting in the issuance of the Principles and Requirements (P&R) guidance document in March 2013 and the Interagency Guidelines in December 2014, which together comprise the Principles, Requirements, and Guidelines (PR&G). The PR&G are intended to provide a common framework and comprehensive policy and guidance for analyzing a diverse range of water resources projects, programs, activities, and related actions involving Federal investment in water resources. The U.S. Army Corps of Engineers (Corps) proposes a regulation to show how it would apply the PR&G to the Corps’ mission and authorities. In this proposed regulation, the Corps intends to increase consistency and compatibility in Federal water resources investment decision making to include considerations such as analyzing a broader range of long-term costs and benefits, enhancing collaboration, including a more thorough and transparent risk and uncertainty analyses, and improving resilience for dealing with emerging challenges, including climate change. Statement of Need: The Corps needs to develop implementing procedures for the Principles, Requirements, and Guidelines (PR&G) per a requirement under section 110 of the Water Resources Development Act of 2020. Summary of Legal Basis: Section 110 of the Water Resources Development Act of 2020 directed the Corps to implement the PR&G. Also see section 2031 of Public Law 110–114. Alternatives: The Corps could implement PR&G with guidance rather than through rulemaking; however, such procedures would not be binding on the Corps or the public as any procedures would not have undergone APA rulemaking. The Corps would not develop procedures to implement PR&G PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 and instead rely solely on the PR&G documents to implement. This could result in confusion and a lack of consistency for the Corps and the public as to how and when to apply PR&G to Civil Works authorities. The Corps proposes to conduct rulemaking to ensure the PR&G implementing procedures are clear for the Corps and the public as well as binding. Anticipated Cost and Benefits: As this rulemaking action is implementing procedures for the Corps to ensure compliance with the PR&G, there may be some administrative costs incurred to the Corps for implementation and training. There would be benefits accrued to the public in the form of reduced confusion and assurance of consideration of comprehensive benefits for water resource development projects. The rulemaking action would also result in more net beneficial project outcomes from improved decision making. Risks: The proposed action is not anticipated to increase risk to public health, safety, or the environment because it outlines the procedures the Corps will follow for implementing a federal statutory requirement in WRDA as well as Administration policy. The Corps will comply with all statutory requirements when implementing PR&G. Timetable: Action NPRM .................. Date FR Cite 05/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 Army Pentagon, Washington, DC 22202, Phone: 703 695–6791, Email: stacey.m.jensen.civ@army.mil. RIN: 0710–AB41 DOD—COE 35. Appendix C Procedures for the Protection of Historic Properties [0710– AB46] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 33 U.S.C. 401; 33 U.S.C. 1344; 33 U.S.C. 1413 CFR Citation: 33 CFR 325. Legal Deadline: None. Abstract: The U.S. Army Corps of Engineers (Corps) considers the effects E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda of its actions on historic properties pursuant to section 106 of the National Historic Preservation Act (NHPA). The Corps’ Regulatory Program’s regulations for complying with the NHPA are outlined at 33 CFR 325 appendix C. Since these regulations were promulgated in 1990, there have been amendments to the NHPA and revisions to the Advisory Council on Historic Preservation’s (ACHP) regulations at 36 CFR part 800. In response, the Corps issued interim guidance until rulemaking could be completed in order to ensure full compliance with the NHPA and ACHP’s regulations. The Corps proposes to revise its regulations to conform to the ACHP regulations. Statement of Need: Appendix C intends to provide the implementing procedures for the Regulatory Program’s compliance with section 106 of the National Historic Preservation Act. Rulemaking is required to ensure the Regulatory Program is compliant with the NHPA and ACHP’s implementing regulations at 36 CFR 800 for federal agency compliance with Section 106. The NHPA and the ACHP regulations have been updated since Appendix C was promulgated. Summary of Legal Basis: Appendix C was promulgated through an APA rulemaking process intended to provide compliance with section 106 of the NHPA specific to the Regulatory Program. Alternatives: Alternatives considered include retaining appendix C, which in its current state is not compliant with the updates to NHPA or the ACHP implementing regulations for federal agencies. The current appendix C is also not compliant with the NHPA and Administration policies regarding Tribal Nations. Another alternative is to rescind Appendix C and have the Regulatory Program rely on the ACHP implementing regulations. This would ensure consistency with the Civil Works program of the Corps and ensure compliance with the statutory and regulation language. Another alternative is to modify appendix C to update the regulation incorporating changes made since promulgation to the NHPA and ACHP implementing regulations. The goal would be to ensure compliance with NHPA and the ACHP implementing regulations but the end result would be comparable to the rescission alternative with more resource and workload effort. It would also result in continued confusion for the public with the differing name from ACHP’s regulations and Civil Works implementation. Anticipated Cost and Benefits: As this rulemaking action is implementing VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 procedures for the Corps to ensure compliance with the NHPA, there may be some administrative costs incurred to the Corps for training. There would be benefits accrued to the public in the form of reduced confusion and assurance of consideration of potential adverse effects to historic properties and items and areas of cultural/religious significance. Risks: The proposed action is not anticipated to increase risk to public health, safety, or the environment because it outlines the procedures the Corps will follow for implementing a federal statutory requirement. The Corps will comply with all statutory requirements when reviewing permit applications. Timetable: Action Date NPRM .................. FR Cite 05/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. Federalism: Undetermined. Agency Contact: Margaret GaffneySmith, Regulatory Program Manager, Department of Defense, U.S. Army Corps of Engineers, Attn: CECW–CO, 441 G Street NW, Washington, DC 20314, Phone: 202 761–4229. RIN: 0710–AB46 DOD—COE 36. Revised Definition of ‘‘Waters of the United States’’—Rule 2 [0710–AB47] Priority: Economically Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 33 U.S.C. 1344 CFR Citation: 33 CFR 328. Legal Deadline: None. Abstract: The EPA and the Department of the Army (the agencies’’) intend to pursue a second rule defining ’’Waters of the United States’’ to consider further revisions to the agencies’ first rule (RIN 2040–AG13), which proposes to develop regulations that are founded on the familiar framework of the pre-2015 regulations, are consistent with the statute and informed by relevant Supreme Court decisions, and that reflect a reasonable interpretation based on the record before the agencies, including the best available science. This second rule proposes to include revisions reflecting on additional stakeholder engagement and implementation considerations, scientific developments, and environmental justice values. This effort PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 11009 would also be informed by the experience of implementing the pre2015 rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule. Statement of Need: In 2015, the Environmental Protection Agency and the Department of the Army (‘‘the agencies’’) published the ‘‘Clean Water Rule: Definition of ‘Waters of the United States’ (80 FR 37054, June 29, 2015).’’ In April 2020, the agencies published the Navigable Waters Protection Rule (85 FR 22250, April 21, 2020). The agencies conducted a substantive re-evaluation of the definition of ‘‘waters of the United States’’ in accordance with the Executive Order 13990 and determined that they need to revise the definition to ensure the agencies listen to the science, protect the environment, ensure access to clean water, consider how climate change resiliency may be affected by the definition of waters of the United States, and to ensure environmental justice is prioritized in the rulemaking process. Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et seq.). Alternatives: Please see EPA’s alternatives. EPA is the lead for this rulemaking action. Anticipated Cost and Benefits: Please see EPA’s statement of anticipated costs and benefits. EPA is the lead for this rulemaking action. Risks: Please see EPA’s risks. EPA is the lead for this rulemaking action. Timetable: Action NPRM .................. Date FR Cite 09/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 Army Pentagon, Washington, DC 22202, Phone: 703 695–6791, Email: stacey.m.jensen.civ@army.mil. RIN: 0710–AB47 DOD—COE Final Rule Stage 37. Credit Assistance for Water Resources Infrastructure Projects [0710–AB31] Priority: Other Significant. Legal Authority: Pub. L. 114–94; Pub. L. 114–322; Pub. L. 115–270; 33 U.S.C. 3901 E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11010 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda CFR Citation: 33 CFR 386. Legal Deadline: None. Abstract: The U.S. Army Corps of Engineers (Corps) is implementing a new credit program for dam safety work at non-Federal dams. The program is authorized under the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) and Division D, title 1 of the Consolidated Appropriations Act of 2020. WIFIA authorizes the Corps to provide secured (direct) loans and loan guarantees (Federal Credit instruments) to eligible water resources infrastructure projects and to charge fees to recover all or a portion of the Corps’ cost of providing credit assistance and the costs of conducting engineering reviews and retaining expert firms, including financial and legal services, to assist in the underwriting and servicing of Federal credit instruments. Projects will be evaluated and selected by the Secretary of the Army (the Secretary) based on the requirements and the criteria described in this rule. Statement of Need: The USACE WIFIA program is focused on providing Federal loans, and potentially to also include loan guarantees, to projects for maintaining, upgrading, and repairing dams identified in the National Inventory of Dams owned by nonfederal entities. These loans will be repaid with non-Federal funding. Summary of Legal Basis: The USACE WIFIA program was authorized under subtitle C of title V of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), which authorizes USACE to provide secured (direct) loans, and potentially to also include loan guarantees, to eligible water resources infrastructure projects (needed further authorization was provided by Division D, title 1 of the Consolidated Appropriations Act of 2020). The statute also authorizes USACE to charge fees to recover all or a portion of USACE’s cost of providing credit assistance and the costs of conducting engineering reviews and retaining expert firms, including financial and legal services, to assist in the underwriting and servicing of Federal credit instruments. The Fiscal 2021 Consolidated Appropriations Act, provided USACE WIFIA appropriations of $2.2M admin, and $12M credit subsidy and a loan volume limit of $950M. These appropriated funds are limited to fund projects focused on maintaining, upgrading, and repairing dams identified in the National Inventory of Dams owned by non-federal entities, essentially dams where the primary VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 owner is a state, local government, public utility, or private owner. Alternatives: The preferred alternative would be to conduct proposed rulemaking to implement a new credit program for dam safety work at nonFederal dams in the form of a binding regulation in compliance with the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) and Division D, title 1 of the Consolidated Appropriations Act of 2020. The next best alternative would involve issuing these implementing procedures in the form of an Engineer Regulation. That alternative would not fulfill the intent of the law because it would not be binding on the regulated public. The no action alternative would be to not conduct rulemaking which would not fulfill the authorization provided by Congress. Anticipated Cost and Benefits: The proposed rule would add Corps procedures to the CFR on the implementation of a new credit program for dam safety work at non-Federal dams to allow for consistent implementation across the Corps and clear understanding of the program and its requirements by the regulated public. The USACE would incur costs to administer the loan program while benefits are expected for the public in the form of benefits from projects enabled by WIFIA loans. WIFIA compliance costs likely include costs associated with application and transaction processing fees, which are waived or reduced for small and disadvantaged communities, obtaining a credit rating letter, any consultant fees (not required), completing applications, reporting requirements, and record keeping. These costs are not anticipated to represent a significant economic impact, especially given that participation in the program is voluntary. Risks: The proposed action is not anticipated to increase risk to public health, safety, or the environment because it outlines the procedures the Corps will follow for implementing a federal loan program. The Corps will comply with all statutory requirements when reviewing requests. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 06/10/22 08/09/22 FR Cite 87 FR 35473 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 Agency Contact: Aaron Snyder, Department of Defense, U.S. Army Corps of Engineers, 441 G Street NW, Washington, DC 20314, Phone: 651 290– 5489, Email: aaron.m.snyder@ usace.army.mil. Related RIN: Merged with 0710–AB32 RIN: 0710–AB31 DOD—COE 38. Revised Definition of ‘‘Waters of the United States’’—Rule 1 [0710–AB40] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 33 U.S.C. 1344 CFR Citation: 33 CFR 328. Legal Deadline: None. Abstract: In April 2020, the EPA, and the Department of the Army (the ‘‘agencies’’) published the Navigable Waters Protection Rule (NWPR) that revised the previously-codified definition of ‘‘waters of the United States’’ (85 FR 22250, April 21, 2020). The agencies initiated the development of regulations that are founded on the familiar framework of the pre-2015 regulations, are consistent with the statute and informed by relevant Supreme Court decisions, and that reflect a reasonable interpretation based on the record before the agencies, including the best available science. The proposal was open for public comment between Dec 2021 and Feb 2022. It is planned that this rule will be finalized by the end of the calendar year (2022). Statement of Need: In 2015, the Environmental Protection Agency and the Department of the Army (‘‘the agencies’’) published the ‘‘Clean Water Rule: Definition of ‘Waters of the United States (80 FR 37054, June 29, 2015).’’ In April 2020, the agencies published the Navigable Waters Protection Rule (85 FR 22250, April 21, 2020). The agencies conducted a substantive re-evaluation of the definition of ‘‘waters of the United States’’ in accordance with the Executive Order 13990 and determined that they need to revise the definition to ensure the agencies listen to the science, protect the environment, ensure access to clean water, consider how climate change resiliency may be affected by the definition of waters of the United States, and to ensure environmental justice is prioritized in the rulemaking process. Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et seq.). Alternatives: Please see EPA’s alternatives. EPA is the lead for this rulemaking action. Anticipated Cost and Benefits: Please see EPA’s statement of anticipated costs E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda and benefits. EPA is the lead for this rulemaking action. Risks: Please see EPA’s risks. EPA is the lead for this rulemaking action. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 12/07/21 02/07/22 FR Cite 86 FR 69372 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Federalism: Undetermined. Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 Army Pentagon, Washington, DC 22202, Phone: 703 695–6791 Email: stacey.m.jensen.civ@army.mil. RIN: 0710–AB40 DOD—OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS (DODOASHA) Final Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 39. TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient Services Provided in Cancer and Children’s Hospitals [0720–AB73] Priority: Other Significant. Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55 CFR Citation: 32 CFR 199. Legal Deadline: None. Abstract: The Department of Defense, Defense Health Agency, is revising its regulation on the reimbursement of ambulatory surgery centers (ASC) and outpatient services provided in Cancer and Children’s Hospitals (CCHs). Revisions are in accordance with the statutory provision at title 10 of the U.S.C., section 1079(i)(2) that requires TRICARE’s payment methods for institutional care be determined, to the extent practicable, in accordance with the same reimbursement rules as apply to payments to providers of services of the same type under Medicare. In accordance with this requirement, TRICARE will: (1) adopt Medicare’s payment methodology for Ambulatory Surgery Centers (ASC) and (2) adopt Medicare’s payment methodology for outpatient services provided in Cancer and Children’s Hospitals (CCHs). Although Medicare’s reimbursement methods for ASC and CCHs are different, it is prudent to adopt both the Medicare ASC system and to adopt the Outpatient Prospective Payment System VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 (OPPS) with hold-harmless adjustments (meaning the provider is not reimbursed less than their costs) for CCHs simultaneously to align with our statutory requirement to reimburse like Medicare at the same time. This rule makes the modifications necessary to implement TRICARE reimbursement methodologies similar to those applicable to Medicare beneficiaries for outpatient services rendered in ASCs and CCHs. Statement of Need: The rule finalizes modifications to TRICARE regulation necessary to implement Medicaresimilar reimbursement methods for Ambulatory Surgery Centers (ASCs) and Cancer and Children’s Hospitals (CCHs). This is outlined in 10 U.S.C. 1079(i)(2) which requires TRICARE’s payment methods for institutional care be determined, to the extent practicable, in accordance with the same reimbursement rules as apply to payments to providers of services of the same type under Medicare. Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073 (a)(2) giving authority and responsibility to the Secretary of Defense to administer the TRICARE program. Alternatives: (1) No action. (2) Permitting a transition period for Ambulatory Surgery Centers (ASCs). DHA explored the use of a transition period that blended the current reimbursement method with the proposed method. This would slowly shift the rates to be fully aligned with Medicare at the end of the transition and would protect providers from lower payments. After comparing the differences in rates, DHA found that many providers are likely to see an increase in reimbursement, which would not be effective until the end of the transition period. Some providers may see a decrease in payments, but on the whole, Medicare’s payments have been found to be adequate based upon a Medicare Payment Advisory Committee (MedPAC) review. As a result, DHA will not adopt a transition period. (3) Permitting a transition period for Cancer and Children’s Hospitals (CCHs). DHA explored the use of a transition period that blended the current reimbursement method with the proposed, and slowly shifted the rates to be fully aligned with Medicare at the end of the transition. This would be done to protect providers from payments below their cost, in the event that the rates are significantly affected. To protect CCHs, DHA will ensure that CCHs are reimbursed the greater of 100% of their costs or the OPPS PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 11011 payment. Because many CCH providers will receive payment increases, a transition period would not be beneficial for them. Historically, transitions are done to protect providers from payments below their costs. However, in this case, providers will be held-harmless, so no transition is necessary. Anticipated Cost and Benefits: Economic impact of this rule is based on analysis of expected outcomes had the rule been implemented in 2021. The overall impact to the DoD, for ASC reimbursement, would be $10 million in reduced payments for ASCs. The overall impact to the DoD, for adopting OPPS for CCHs, would be $35 million in reduced payments to these providers. The combined impact is a cost-saving of approximately $45 million, which would be offset by $1.5 million in administrative costs to implement the changes. This estimated reduction in costs of $45 million is a transfer from providers to DoD. Risks: None. DHA is adopting the new Ambulatory Surgery Center (ASC) and Cancer and Children’s Hospital (CCH) reimbursement systems to be consistent with Medicare’s, as required by statute. Although DHA expects a decrease in total TRICARE payments for ASCs; however, rates for almost half the highvolume ASC surgeries will increase under the new ASC payment system. DHA also notes that even if some ASCs deny access to some surgeries, TRICARE beneficiaries would be largely protected from access problems as these patients could have their surgeries performed in hospital outpatient departments (HOPDs). Additionally, CCHs will be held harmless, as they will receive, at a minimum, one-hundred percent of its costs, or the higher payment under Outpatient Prospective Payment System (OPPS). Under the new method, CCHs may be eligible for the General Temporary Military Contingency Payment Adjustments (GTMCPA) that will ensure network adequacy during military contingency operations. These GTMCPAs will be issued in the same manner as those made currently under TRICARE’s OPPS. Timetable: Action NPRM .................. NPRM Comment Period End. Final Action ......... Date 11/29/19 01/28/20 FR Cite 84 FR 65718 02/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. E:\FR\FM\22FEP2.SGM 22FEP2 11012 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Agency Contact: Jahanbakhsh Badshan, Department of Defense, Office of Assistant Secretary for Health Affairs, 16401 East Centretech Parkway, Aurora, CO 80011, Phone: 303 676–3881, Email: jahanbakhsh.badshah.civ@health.mil. RIN: 0720–AB73 DOD—DODOASHA lotter on DSK11XQN23PROD with PROPOSALS2 40. TRICARE Coverage of National Institute of Allergy and Infectious Disease Coronavirus Disease 2019 Clinical Trials [0720–AB83] Priority: Other Significant. Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55 CFR Citation: 32 CFR 199. Legal Deadline: None. Abstract: This rule finalizes provisions published in two interim final rules with request for comment, which temporarily added coverage for the treatment use of investigation drugs under U.S. Food and Drug Administration (FDA) approved expanded access programs when for the treatment of coronavirus disease 2019 (COVID–19) and permitted coverage of National Institute of Allergy and Infectious Disease (NIAID)-sponsored clinical trials for the treatment or prevention of COVID–19. Statement of Need: This final rule is required to finalize certain temporary flexibilities enacted in interim final rules published in 2020 in response to the COVID–19 pandemic. Pursuant to the President’s national emergency declaration and as a result of the worldwide COVID–19 pandemic, the Assistant Secretary of Defense for Health Affairs hereby temporarily modified the regulation at 32 CFR 199.4(e)(26) to permit TRICARE coverage for National Institute of Allergy and Infectious Disease (NIAID)sponsored COVID–19 phase I, II, III, and IV clinical trials for the treatment or prevention of coronavirus disease 2019 (COVID–19). This provision supports increased access to emerging therapies for TRICARE beneficiaries. Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073(a)(2) giving authority and responsibility to the Secretary of Defense to administer the TRICARE program. Alternatives: (1) No action. (2) The second alternative the DoD considered was implementing a more limited benefit change for COVID–19 patients by not covering phase I clinical trials. Although this would have the benefit of reimbursing only care that has more established evidence in its favor, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 this alternative is not preferred because early access to treatments is critical for TRICARE beneficiaries given the rapid progression of the disease and the lack of available approved treatments. Anticipated Cost and Benefits: Any cost to beneficiaries would be consistent with existing costs under the TRICARE Program (such as cost-shares and copayments). Finalizing TRICARE coverage of clinical trials will benefit TRICARE beneficiaries by ensuring they continue to have access to emerging therapies in the safest setting possible. In the interim final rule, DoD estimated the total cost for TRICARE participation in NIAID-sponsored COVID–19 clinical trials would be $3.2M for the duration of the national emergency, with an additional $4.0M for continued care for beneficiaries enrolled in clinical trials prior to termination of the national emergency. There were several assumptions we made in developing this estimate. The duration of the COVID–19 national emergency is uncertain; however, for the purposes of this estimate, we assumed the national emergency would expire on September 30, 2021. As of the drafting of the IFR, there were 27 NIAID-sponsored COVID–19 clinical trials begun since the start of the national emergency. We assumed 6.2 new trials every 30 days, for a total of 126 trials by September 2021. We assumed, based on average trial enrollment and that TRICARE beneficiaries would participate in trials at the same rate as the general population, that 4,549 TRICARE beneficiaries would participate through September 2021. Each of the assumptions in this estimate is highly uncertain, and our estimate could be higher or lower depending on real world events (more or fewer trials, a longer or shorter national emergency, and/or higher or lower participation in clinical trials by TRICARE beneficiaries). Benefits: These changes expand the therapies available to TRICARE beneficiaries in settings that ensure informed consent of the beneficiary, and where the benefits of treatment outweigh the potential risks. Participation in clinical trials may provide beneficiaries with benefits such as reduced hospitalizations and/or use of a mechanical ventilator. Although we cannot estimate the value of avoiding these outcomes quantitatively, the potential long-term consequences of serious COVID–19 illness, including permanent cardiac or lung damage, are not insignificant. Beneficiary access to emerging therapies that reduce these long-term consequences or even death PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 can be considered to be high-value for those able to participate. TRICARE providers will be positively affected by being able to provide their patients with a broader range of treatment options. The general public will benefit from an increased pool of available participants for the development of treatments and vaccines for COVID–19, as well as the evidence (favorable or otherwise) that results from this participation. Risks: None. This rule will not directly affect the efficient functioning of the economy or private markets. However, increasing the pool of available participants for clinical trials may help speed the development of treatments or vaccines for COVID–19. Once effective treatments or vaccines for COVID–19 exist, individuals are likely to be more confident interacting in the public sphere, resulting in a positive impact on the economy and private markets. Timetable: Action Interim Final Rule Interim Final Rule Effective. Interim Final Rule Comment Period End. Final Action ......... Date 10/30/20 10/30/20 FR Cite 85 FR 68753 11/30/20 05/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Agency Contact: Jennifer Stankovic, Department of Defense, Office of Assistant Secretary for Health Affairs, 16401 E Centretech Parkway, Aurora, CO 80011–9066, Phone: 303 676–3742, Email: jennifer.l.stankovic.civ@ health.mil. Related RIN: Related to 0720–AB81, Related to 0720–AB82 RIN: 0720–AB83 DOD—DODOASHA 41. Expanding TRICARE Access to Care in Response to the COVID–19 Pandemic [0720–AB85] Priority: Other Significant. Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55 CFR Citation: 32 CFR 199. Legal Deadline: None. Abstract: This interim final rule with comment will temporarily amend the TRICARE regulation at 32 CFR part 199 by: (1) adding freestanding End Stage Renal Disease facilities as a category of TRICARE-authorized institutional E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda provider and modifying the reimbursement for such facilities; and (2) adopting Medicare New COVID–19 Treatments Add-on Payments (NTCAPs). Statement of Need: Pursuant to the President’s emergency declaration and as a result of the COVID–19 pandemic, the Assistant Secretary of Defense for Health Affairs is temporarily modifying the following regulations (except for the modifications to paragraphs 199.6(b)(4)(xxi) and 199.14(a)(1)(iii)(E)(7), which will not expire), but, in each case, only to the extent necessary to ensure that TRICARE beneficiaries have access to the most up-to-date care required for the prevention, diagnosis, and treatment of COVID–19, and that TRICARE continues to reimburse like Medicare, to the extent practicable, as required by statute. The modifications to paragraphs 199.6(b)(4)(xxi) and 199.14(a)(1)(iii)(E)(7) establish freestanding End Stage Renal Disease (ESRD) facilities as a category of TRICARE-authorized institutional provider and modify TRICARE reimbursement of freestanding ESRD facilities. These provisions will improve TRICARE beneficiary access to medically necessary dialysis and other ESRD services and supplies. These provisions also support the requirement that TRICARE reimburse like Medicare, and will help to alleviate regional health care shortages due to the COVID–19 pandemic by ensuring access to dialysis care in freestanding ESRD facilities rather than hospital outpatient departments. The modification to paragraph 199.14(a)(iii)(E) adopts Medicare’s New COVID–19 Treatments Add-on Payment (NCTAP) for COVID–19 cases that meet Medicare’s criteria. This provision increases access to emerging COVID–19 treatments and supports the requirement that TRICARE reimburse like Medicare. Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073 (a)(2) giving authority and responsibility to the Secretary of Defense to administer the TRICARE program. Alternatives: (1) No action. (2) The second alternative the Department of Defense considered was to adopt Medicare’s ESRD reimbursement methodology, the ESRD Prospective Payment System (PPS), in total. While this would have been completely consistent with the statutory provision to pay institutional providers using the same reimbursement methodology as Medicare, this alternative is not preferred because VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 there is still a relatively low volume of TRICARE beneficiaries who receive dialysis services from freestanding ESRDs and who are not enrolled to Medicare. The cost of implementing the full ESRD PPS system is estimated to be at least $600,000.00 in start-up costs, plus ongoing administrative costs, to ensure all adjustments were made for each claim, plus additional special pricing software or algorithms. In contrast, we estimate that the option provided in this IFR can be implemented relatively quickly (within six months of publication), and for approximately $300,000.00 in start-up costs with lower ongoing administrative costs. Further, the flat rate will provide the ESRD facilities with predictability with regard to TRICARE payments and will reduce uncertainty and specialized coding or case-mix documentation requirements that may be required by the ESRD PPS, reducing the administrative burden on the provider. To summarize, adopting the ESRD PPS was considered, but was deemed impracticable and overly burdensome to both the Government and providers due to the relative low volume of claims that will be priced and paid by TRICARE as primary under this system. Anticipated Cost and Benefits: $8.08 million. Only the ESRD provisions are expected to result in recurring incremental health care costs; the remaining two provisions are expected to result in one-time cost increases. This estimate includes approximately $0.9M in administrative costs and $5.9M in direct health care costs. $1.8M of the total cost impact is expected to be a one-time start-up cost for both the temporary and permanent provisions, while the permanent ESRD provisions are expected to result in $5M in incremental annual costs. Risks: None. This rule will promote the efficient functioning of the economy and markets by modifying the regulations to better reimburse health care providers for care provided during the COVID–19 pandemic, particularly as strain on the health care economy is being felt due to reductions in higher cost elective procedures. Additionally, this rule will increase the access of TRICARE beneficiaries to more providers administering COVID–19 vaccinations, which promotes the efficient functioning of the U.S. economy by quickening the pace at which the public receives COVID–19 vaccinations. Timetable: Action Date Interim Final Rule PO 00000 Frm 00049 03/00/23 Fmt 4701 Sfmt 4702 FR Cite 11013 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Jahanbakhsh Badshah, Healthcare Program Specialist—Reimbursement, Department of Defense, Office of Assistant Secretary for Health Affairs, 16401 E Centretech Parkway, Aurora, CO 80011, Phone: 303 676–3881, Email: jahanbakhsh.badshah.civ@health.mil. RIN: 0720–AB85 DOD—DODOASHA 42. Collection From Third Party Payers of Reasonable Charges for Healthcare Services; Amendment [0720–AB87] Priority: Other Significant. Legal Authority: NDAA 2021, sec. 702 CFR Citation: 32 CFR 220. Legal Deadline: None. Abstract: The National Defense Authorization Act (NDAA) section 702 for Fiscal Year (FY) 2021 provides authority to waive fees charged for certain civilian non-beneficiary patients: (1) after the patient’s insurance pays, if any, the civilian is not able to pay for the trauma or other medical care provided to the civilian; and (2) the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Secretary. The amendment of 32 CFR 220.7 would delegate authority to the Secretary of Defense or a Secretary of Defense established representative to waive medical debt owed for services rendered at Military Treatment Facilities (MTF) if the patient requests a medical debt waiver and meets the two specified criteria. This amendment should be made as current legislation and policies can lead to an undue financial burden on nonbeneficiary patients who have incurred medical debt from treatment at MTFs. The Debt Collection Improvement Act of 1996 and the Digital Accountability and Transparency act of 2014 drive federal collection activities and can place individuals indebted to the government at risk of financial hardship. By making these changes, the Secretary of Defense would have the ability to waive nonbeneficiary civilian debt in cases where the patient is unable to pay as determined using U.S. Treasury guidelines and when the care provided enhances the knowledge, skills, and abilities of health care providers. Statement of Need: Section 702 of the FY 2021 NDAA amends 10 U.S.C. 1079b by inserting a new subsection regarding the waiver of fees. Under section 702, E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11014 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda the Secretary of Defense may waive a fee charged to a civilian who is not a covered beneficiary if after insurance payments, if any, the civilian is not able to pay for the trauma or other medical care provided to the civilian; and the provision of such care enhanced the medical readiness of the health care provider or health care providers furnishing such care. This rule prescribes a new debt waiver process for medical debt owned for services rendered at Military Treatment Facilities to civilians who are not covered beneficiaries. Summary of Legal Basis: Section 702 of the FY 2021 NDAA amends 10 U.S.C. 1079b by inserting a new subsection regarding the waiver of fees. Under section 702, the Secretary of Defense may waive a fee charged to a civilian who is not a covered beneficiary if after insurance payments, if any, the civilian is not able to pay for the trauma or other medical care provided to the civilian; and the provision of such care enhanced the medical readiness of the health care provider or health care providers furnishing such care. Alternatives: Alternative #1: The first alternative will use an outside agency, the Centralized Receivable Service (CRS) to complete the patient ability-to-pay assessment and make a recommendation to the DHA Cost Accounting Division (CAD) Financial Operations (FO). CAD FO will then make the final determination based on that recommendation. This alternative will utilize DHA’s existing relationship with CRS, a program under the U.S. Department of Treasury focused on managing pre-delinquent debt and debt in the early stages of delinquency before it is referred to the U.S. Treasury. Alternative #2: The DoD considered a second alternative in which the DHA UBO will stand up a cell to complete the ability-to-pay assessments and make a recommendation. The recommendations will be directed to either the DHA CAD FO for accounts under $100,000 or to the Deputy Assistant Director (DAD) FO for accounts over $100,000. Alternative #3: Option 3, which is DoD’s preferred approach due to operational efficiency gains, would leverage existing partnerships with CRS and U.S. Treasury. For active or nondelinquent debt, the MTF UBO will direct all uninsured non-beneficiary accounts to CRS for billing. The patient can request a waiver by contacting CRS as directed on their invoice, the MTF will direct the account information to CRS to complete the financial analysis. If a patient is deemed financially VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 culpable, collections will be pursued by CRS. If not, CRS will calculate an amount the debtor can pay within 3–5 years and waive the remaining debt. CRS would report decisions to DHA following established business rules and guidelines including monthly accounting of all waiver and compromise agreements to DHA, and immediately report waived amounts over $100,000. Any additional business rules will be decided by DHA FO and DHA General Counsel. Anticipated Cost and Benefits: This cost will be the fee paid to CRS for their services, totaling an estimated $145, 711. Time required for this alternative is an estimated 17 days based on CRS reported process completion estimates from the DAMP program. This would include time for the civilian to compile required documents, for CRS to draft the package and assess ability to pay, as well as CRS response time for a decision and any other follow-up activities for each request for waiver. Risks: None. Timetable: Action Date Interim Final Rule FR Cite 08/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: DeLisa Prater, DHA Uniform Business Office Program Manager, Department of Defense, Office of Assistant Secretary for Health Affairs, 8111 Gatehouse Road, Suite #221, Falls Church, VA 22042–5101, Phone: 703 275–6380, Email: delisa.e.prater.civ@ mail.mil. RIN: 0720–AB87 BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION Statement of Regulatory Priorities I. Introduction The U.S. Department of Education (Department) supports States, local communities, institutions of higher education, and families in improving education and other services nationwide to ensure that all Americans, including those with disabilities and who have been underserved, receive a high-quality and safe education and are prepared for employment that provides a livable wage. We provide leadership and financial assistance pertaining to education and related services at all levels to a wide range of stakeholders and individuals, including State PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 educational and other agencies, local school districts, providers of early learning programs, elementary and secondary schools, institutions of higher education, career and technical schools, nonprofit organizations, students, members of the public, families, and many others. These efforts are helping to advance equity, recover from the COVID–19 pandemic, and ensure that all children and students from prekindergarten through grade 12 will be ready for, and succeed in, postsecondary education and employment, and that students attending postsecondary institutions, or participating in other postsecondary education options, are prepared for a profession or career. We also vigorously monitor and enforce the implementation of Federal civil rights laws in educational programs and activities that receive Federal financial assistance from the Department, and support innovative and promising programs, research and evaluation activities, technical assistance, and the dissemination of data, research, and evaluation findings to improve the quality of education. Overall, the laws, regulations, and programs that the Department administers will affect nearly every American during his or her life. Indeed, in the 2021–22 school year, about 56 million students attended an estimated 129,000 elementary and secondary schools in approximately 13,600 districts, and about 20 million students enrolled in postsecondary institutions of higher education. Many of these students benefit from some degree of financial assistance or support from the Department. In developing and implementing regulations, guidance, technical assistance, evaluations, data gathering and reporting, and monitoring related to our programs, we are committed to working closely with affected persons and groups. Our core mission includes serving the most vulnerable, and facilitating equal access for all, to ensure all students receive a high-quality and safe education and complete it with a well-considered and attainable path to a sustainable career. Toward these ends, we work with a broad range of interested parties and the general public, including families, students, and educators; State, local, and Tribal governments; other Federal agencies; and neighborhood groups, communitybased early learning programs, elementary and secondary schools, postsecondary institutions, rehabilitation service providers, adult education providers, professional associations, civil rights organizations, E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 nonprofits, advocacy organizations, businesses, and labor organizations. If we determine that it is necessary to develop regulations, we seek public participation at the key stages in the rulemaking process. We invite the public to submit comments on all proposed regulations through the internet or by regular mail. We also continue to seek greater public participation in our rulemaking activities through the use of transparent and interactive rulemaking procedures and new technologies. To facilitate the public’s involvement, we participate in the Federal Docket Management System (FDMS), an electronic single Government-wide access point (www.regulations.gov) that enables the public to submit comments on different types of Federal regulatory documents and read and respond to comments submitted by other members of the public during the public comment period. This system provides the public with the opportunity to submit comments electronically on any notice of proposed rulemaking or interim final regulations open for comment as well as read and print any supporting regulatory documents. II. Regulatory Priorities The following are the key rulemaking actions the Department is planning for the coming year. These rulemaking actions advance the Department’s mission of ‘‘promot[ing] student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.’’ These rulemaking actions also advance the President’s priorities of ensuring that every American has access to a high-quality education, regardless of background, and that government should affirmatively work to expand educational opportunities for underserved communities. During his time in office, the President has repeatedly made clear the importance of advancing equity and opportunity for those who have historically been underserved, both as a general matter and with regard to the education system in particular. See Executive Order 13985 (On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government); Executive Order 14021 (Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity); Executive Order 14041 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Historically Black Colleges and VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Universities); Executive Order 14045 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics); Executive Order 14049 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities); and Executive Order 14050 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans). The rulemaking actions on the Department’s agenda seek to advance the President’s priorities, as set out in these executive orders and more broadly. Our regulatory agenda covers a wide range of topics, and a wide range of educational institutions— from those serving our youngest children to colleges, universities, and adult education programs. In each of these contexts, promoting equity and opportunity for students who have been historically underserved is central to the Department’s regulatory plan. Postsecondary Education/Federal Student Aid The Department’s upcoming higher education regulatory efforts include the following areas: • Improving Income Driven Repayment • Gainful Employment These rulemakings are focused on improving the rules governing student loan repayment and protecting students and taxpayers from career-training programs that fail to provide sufficient value, among other topics. These rulemakings reflect the Department’s commitment to helping borrowers successfully manage their student loans and protecting students from harmful programs and practices that may derail their postsecondary and career goals. Through these regulatory efforts, the Department plans to address gaps in postsecondary outcomes, particularly those related to student loan repayment delinquency, and default, as well as the returns students receive for their investments. For its higher education rulemakings, generally the Department uses a negotiated rulemaking process. We selected participants for the negotiated rulemaking committees from nominees of the organizations and groups that represent the interests significantly affected by the proposed regulations. To the extent possible, we selected nominees who reflect the diversity among program participants. The Department used this negotiated rulemaking process for its rulemakings on Improving Income Driven Repayment and Gainful Employment. PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 11015 On Improving Income Driven Repayment, the Department plans to create or adjust an income driven repayment plan that would allow borrowers to more easily afford their student loan payments. For Gainful Employment, the Department plans to propose regulations on program eligibility under the HEA, including regulations that determine whether postsecondary educational programs prepare students for gainful employment in recognized occupations, and the conditions under which programs remain eligible for student financial assistance programs under Title IV of the HEA. Civil Rights/Title IX The Secretary proposed to amend its regulations implementing Title IX of the Education Amendments of 1972, as amended, consistent with the priorities of the Biden-Harris Administration. These priorities include those set forth in Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation and Executive Order 14021 on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity. Student Privacy The Department is considering policy options to amend the Family Educational Rights and Privacy Act (FERPA) regulations, to update, clarify, and improve the current regulations. The proposed regulations are also needed to implement statutory amendments to FERPA contained in the Uninterrupted Scholars Act of 2013 and the Healthy, Hunger-Free Kids Act of 2010, to reflect a change in the name of the office designated to administer FERPA, and to make changes related to the enforcement responsibilities of the office concerning FERPA. Recently Completed Rulemakings Additionally, the Department has recently concluded a number of critical rulemakings, including Public Service Loan Forgiveness; Borrower Defense to Repayment; Improving Discharges for Total and Permanent Disabilities, Closed Schools, and False Certification; Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/ 10); and Pell Grants for Prison Education Programs. For Public Service Loan Forgiveness, the Department streamlined the process for receiving loan forgiveness after 10 years of qualifying payments on qualifying loans while engaging in public service. For E:\FR\FM\22FEP2.SGM 22FEP2 11016 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 Borrower Defense, the Secretary amended the regulations that specify the acts or omissions of an institution of higher education that a borrower may assert as a defense to repayment of a loan made under the Federal Direct Loan Program. In Improving Discharges for Total and Permanent Disabilities, Closed Schools, and False Certification, the Department improved areas where Congress has provided borrowers with relief or benefits related to Federal student loans. This includes authorities granted under the Higher Education Act (HEA) that allow the Department to cancel loans for borrowers who meet certain criteria, such as having a total and permanent disability, attending a school that closed, or having been falsely certified for a student loan. For these borrowers, the Secretary amended the regulations relating to borrower eligibility and streamlined application requirements and the application and certification processes. On the 90/10 rule, in response to changes to the HEA made by the American Rescue Plan Act of 2021, the Department amended provisions governing whether proprietary institutions meet requirements that institutions receive at least 10 percent of their revenue from sources other than Federal education assistance funds. To increase access to educational opportunities, the Department also issued regulations that would guide correctional facilities and eligible institutions of higher education that seek to establish eligibility for the Pell Grant program for individuals who are incarcerated. III. Principles for Regulating Over the next year, we may need to issue other regulations because of new legislation or programmatic changes. In doing so, we will follow the Principles for Regulating, which determine when and how we will regulate. Through consistent application of those principles, we have eliminated unnecessary regulations and identified situations in which major programs could be implemented without regulations or with limited regulatory action. In deciding when to regulate, we consider the following: • Whether regulations are essential to promote quality and equality of opportunity in education. • Whether a demonstrated problem cannot be resolved without regulation. • Whether regulations are necessary to provide a legally binding interpretation to resolve ambiguity. • Whether entities or situations subject to regulation are similar enough that a uniform approach through VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 regulation would be meaningful and do more good than harm. • Whether regulations are needed to protect the Federal interest, that is, to ensure that Federal funds are used for their intended purpose and to eliminate fraud, waste, and abuse. In deciding how to regulate, we are mindful of the following principles: • Regulate no more than necessary. • Minimize burden to the extent possible and promote multiple approaches to meeting statutory requirements if possible. • Encourage coordination of federally funded activities with State and local reform activities. • Ensure that the benefits justify the costs of regulating. • To the extent possible, establish performance objectives rather than specify the behavior or manner of compliance a regulated entity must adopt. • Encourage flexibility, to the extent possible and as needed to enable institutional forces to achieve desired results. Alternatives: We have limited information about the alternatives at this time. Anticipated Cost and Benefits: We have limited information about the costs and benefits at this time. Risks: We have limited information about the risks at this time. Timetable: Action NPRM .................. Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Alejandro Reyes, Department of Education, Office for Civil Rights, 400 Maryland Avenue SW, Room PCP–6125, Washington, DC 20202, Phone: 202 245–7272, Email: alejandro.reyes@ed.gov. RIN: 1870–AA19 ED—OCR Final Rule Stage ED—OFFICE FOR CIVIL RIGHTS (OCR) Proposed Rule Stage 43. • Nondiscrimination on the Basis of Sex in Athletics Education Programs or Activities Receiving Federal Financial Assistance [1870–AA19] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 20 U.S.C. 1681 et seq. CFR Citation: 34 CFR 106. Legal Deadline: None. Abstract: The Department plans to issue a final rule amending its regulations implementing Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., consistent with the priorities of the Biden-Harris Administration. These priorities include those set forth in Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation and Executive Order 14021 on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity. Statement of Need: This rulemaking is necessary to align the Title IX regulations to fully implement the statute. Summary of Legal Basis: We are conducting this rulemaking under 20 U.S.C. 1681 et seq. PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 44. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance [1870–AA16] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 20 U.S.C. 1681 et seq. CFR Citation: 34 CFR 106. Legal Deadline: None. Abstract: The Department plans to issue a final rule amending its regulations implementing Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., consistent with the priorities of the Biden-Harris Administration. These priorities include those set forth in Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation and Executive Order 14021 on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity. The proposed amendments include, among others, revisions to 34 CFR 106.2 (Definitions), 106.6 (Effect of other requirements and preservation of rights), 106.8 (Designation of coordinator, dissemination of policy, and adoption of grievance procedures), 106.10 (Scope), 106.11 (Application), 106.30 (Definitions), 106.31 (Education programs or activities), 106.40 (Parental, E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda family, or marital status; pregnancy or related conditions), 106.44 (Action by a recipient to operate its education program or activity free from sex discrimination), 106.45 (Grievance procedures for the prompt and equitable resolution of complaints of sex discrimination), 106.46 (Grievance procedures for the prompt and equitable resolution of complaints of sex-based harassment involving student complainants or student respondents at postsecondary institutions); 106.51 (Employment), 106.57 (Parental, family, or marital status; pregnancy or related conditions), 106.60 (Pre-employment inquiries), and 106.71 (Retaliation). Statement of Need: This rulemaking is necessary to align the Title IX regulations with the priorities of the Biden-Harris Administration, including those set forth in the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (E.O. 13988) and the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity (E.O. 14021). Summary of Legal Basis: We are conducting this rulemaking under 20 U.S.C. 1681 et seq. Alternatives: This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed in the final regulations. Anticipated Cost and Benefits: This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed in the final regulations. Risks: This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed in the final regulations. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 NPRM .................. Final Action ......... 07/12/22 05/00/23 FR Cite 87 FR 41390 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: State. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Alejandro Reyes, Department of Education, Office for Civil Rights, 400 Maryland Avenue SW, PCP–6125, Washington, DC 20202, Phone: 202 245–7705, Email: t9nprm@ ed.gov. RIN: 1870–AA16 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 ED—OFFICE OF POSTSECONDARY EDUCATION (OPE) Proposed Rule Stage 45. Gainful Employment [1840–AD57] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 20 U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20 U.S.C. 1099(c); 20 U.S.C. 1082; . . . CFR Citation: 34 CFR 668; 34 CFR 600. Legal Deadline: None. Abstract: The Secretary plans to propose to amend 34 CFR parts 668 and 600 on institution and program eligibility under the HEA, including regulations that determine whether postsecondary educational programs prepare students for gainful employment in recognized occupations, and the conditions under which institutions and programs remain eligible for student financial assistance programs under Title IV of the HEA. Statement of Need: This rulemaking is necessary to determine whether postsecondary educational programs prepare students for gainful employment and the conditions under which institutions and programs remain eligible for student financial assistance programs under Title IV of the HEA. Summary of Legal Basis: We are conducting this rulemaking under the following authorities: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 20 U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20 U.S.C. 1099(c); and 20 U.S.C. 1082. Alternatives: We have limited information about the alternatives at this time. Anticipated Cost and Benefits: We have limited information about the anticipated costs and benefits at this time. Risks: We have limited information about the risks at this time. Timetable: Action Date Notice of Intent to Commence Negotiated Rulemaking. NPRM .................. 05/26/21 FR Cite 86 FR 28299 04/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Gregory Martin, Department of Education, Office of PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 11017 Postsecondary Education, 400 Maryland Avenue SW, Room 2C136, Washington, DC 20202, Phone: 202 453–7535, Email: gregory.martin@ed.gov. RIN: 1840–AD57 ED—OPE 46. • Improving Income Driven Repayment [1840–AD81] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 20 U.S.C. 1070g; 20 U.S.C. 1087a, et seq. CFR Citation: 34 CFR 685. Legal Deadline: None. Abstract: The Secretary plans to propose amendments to the regulations governing income-contingent repayment plans by amending the Revised Pay as You Earn (REPAYE) repayment plan, and to restructure and rename the repayment plan regulations under the William D. Ford Federal Direct Loan (Direct Loan) Program, including combining the Income Contingent Repayment (ICR) and the Income-Based Repayment (IBR) plans under the umbrella term of Income-Driven Repayment (IDR) plans. Statement of Need: This rulemaking is necessary to make improvements to the income-driven repayment plans created under the ICR authority in Higher Education Act of 1965 that allows the Secretary to cap payments at a set share of a borrower’s income. Summary of Legal Basis: 20 U.S.C. 1070g, 1087a, et seq., unless otherwise noted. Alternatives: We have limited information about the alternatives at this time. Anticipated Cost and Benefits: We have limited information about the anticipated costs and benefits at this time. Risks: We have limited information about the risks at this time. Timetable: Action Notice of Intent to Commence Negotiated Rulemaking. NPRM .................. Date 05/26/21 FR Cite 86 FR 28299 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Tamy Abernathy, Department of Education, Office of Postsecondary Education, 400 Maryland Avenue SW, 2C–232, Washington, DC 20202, Phone: 202 453–5970, Email: tamy.abernathy@ed.gov. E:\FR\FM\22FEP2.SGM 22FEP2 11018 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda RIN: 1840–AD81 BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Statement of Regulatory and Deregulatory Priorities The Department of Energy (Department or DOE) makes vital contributions to the Nation’s welfare through its activities focused on improving national security, energy supply, energy efficiency, environmental remediation, and energy research. The Department’s mission is to: • Promote dependable, affordable and environmentally sound production and distribution of energy; • Advance energy efficiency and conservation; • Provide responsible stewardship of the Nation’s nuclear weapons; • Provide a responsible resolution to the environmental legacy of nuclear weapons production; and • Strengthen U.S. scientific discovery, economic competitiveness, and improve quality of life through innovations in science and technology. The Department’s regulatory activities are essential to achieving its critical mission and to implementing the President’s clean energy and climate initiatives. Among other things, the Regulatory Plan and the Unified Agenda contain the rulemakings the Department will be engaged in during the coming year to fulfill the Department’s commitment to meeting deadlines for issuance of energy conservation standards and related test procedures. The Regulatory Plan and Unified Agenda also reflect the Department’s continuing commitment to cut costs, reduce regulatory burden, and increase responsiveness to the public. lotter on DSK11XQN23PROD with PROPOSALS2 Energy Efficiency Program for Consumer Products and Commercial Equipment The Energy Policy and Conservation Act (EPCA) requires DOE to set appliance efficiency standards at levels that achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. The Department continues to follow its schedule for setting new appliance efficiency standards by both tackling its backlog of rulemakings with missed statutory deadlines and advancing rulemakings with upcoming statutory deadlines. In 2022, DOE has published 55 actions relating to energy conservation standards, including nine final actions; VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 45 actions relating to test procedures, including 18 final rules; and four actions related to coverage determinations, including three final rules. DOE tentatively plans to publish three additional actions relating to energy conservation standards and seven actions relating to test procedures by the end of the year. These rulemakings are expected to save American consumers billions of dollars in energy costs over a 30-year timeframe. The Department is highlighting one important energy conservation standard rule entitled ‘‘Energy Conservation Standards for Residential NonWeatherized Gas Furnaces and Mobile Home Gas Furnaces.’’ For nonweatherized gas furnaces and mobile home gas furnaces, DOE estimates that energy savings for active mode operation (in terms of annual fuel utilization efficiency (AFUE)) will be 5.48 quads over 30 years and that the net benefit to the Nation will be between $6.2 billion and $21.6 billion. DOE estimates that energy savings for standby mode and off mode operation will be 0.28 quads over 30 years and that the net benefit to the Nation will be between $1.1 billion and $3.4 billion. Federal Agency Leadership in Climate Change Beyond the appliance program, DOE is supporting Federal agency leadership in climate change in various ways, including in its ‘‘Clean Energy Rule for New Federal Buildings and Major Renovations’’ (Clean Energy Rule), which implements a provision of the Energy Independence and Security Act of 2007 (EISA) that requires the Department to establish revisedperformance standards for the construction of all new Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings. Consistent with the requirements in EISA, this rule presents revised Federal building energy performance standards that would require reductions in Federal agencies’ on-site use of fossil fuels (which include coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets of EPCA and EISA, and provides processes by which agencies can petition DOE for the downward adjustment of these targets for buildings. For covered buildings for which design for construction or whole building renovation begins in fiscal year 2030 or beyond, the fossil fuel-generated energy consumption of the building must be zero for all building types and PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 climate zones, based on the calculation established in the regulations. Investing in Clean Energy Projects The ‘‘Loan Guarantees for Clean Energy Projects’’ interim final rule would amend DOE’s regulations implementing the Title XVII loan guarantee program to incorporate new categories of eligible projects and other provisions of the Energy Act of 2020, the Infrastructure Investment Act of 2021, and the Inflation Reduction Act of 2022. The rule would also include other changes to the existing regulations based on experiences gained implementing the Title XVII program and on comments recently received from stakeholders in response to DOE’s Request for Information. The rule would enable DOE’s use of nearly $300 billion of additional loan authority for a broad range of energy projects. DOE—ENERGY EFFICIENCY AND RENEWABLE ENERGY (EE) Proposed Rule Stage 47. Clean Energy Rule for New Federal Buildings and Major Renovations [1904–AB96] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 6834(a)(3)(D) CFR Citation: 10 CFR 433; 10 CFR 435. Legal Deadline: Other, Statutory, Subject to the requirements in 42 U.S.C. 6834(a)(3)(D). Abstract: This rulemaking implements provisions of the Energy Independence and Security Act of 2007 that require the U.S. Department of Energy (DOE) to establish revisedperformance standards for the construction of all new Federal buildings, including commercial, multifamily high-rise residential and low-rise residential buildings. This rulemaking will specifically address the reduction of fossil fuel-generated energy consumption in new buildings and buildings undergoing major renovations, as well as how agencies may petition DOE for a downward adjustment of the requirements if they believe meeting required energy reduction levels would be technically impracticable. This effort was previously reported as the Fossil Fuel-Generated Energy Consumption Reduction for New Federal Buildings and Major Renovations of Federal Buildings rulemaking. Statement of Need: The Energy Independence and Security Act of 2007 (EISA 2007) requires certain new E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Federal buildings and Federal buildings undergoing major renovations to meet fossil fuel-generated consumption reduction targets based on fiscal year. Summary of Legal Basis: Section 433(a) of EISA 2007 2007 (Pub. L. 110– 140) amended section 305 of the Energy Conservation and Production Act (ECPA) and directed the DOE to establish regulations that require fossil fuel-generated energy consumption reductions for certain new Federal buildings and Federal buildings undergoing major renovations. (42 U.S.C. 6834(a)(3)(D)(i)) For these buildings, section 305 of ECPA, as amended by EISA 2007, mandates that the buildings be designed so that a building’s fossil fuel-generated energy consumption is reduced as compared with such energy consumption by a similar building in fiscal year (FY) 2003 (as measured by Commercial Buildings Energy Consumption Survey (CBECS) or Residential Energy Consumption Survey (RECS) data from the DOE’s Energy Information Administration (EIA)) by 55 percent beginning in FY2010, 65 percent beginning in FY2015, 80 percent beginning in FY2020, 90 percent beginning in FY2025, and 100 percent beginning in FY2030. (42 U.S.C. 6834(a)(3)(D)(i)(I)). Alternatives: The statute requires DOE to establish regulations implementing the specific fossil fuel-generated energy consumption targets for certain new Federal buildings and Federal buildings undergoing major renovations. The targets may be adjusted with respect to a specific building upon petition from an agency, with agreement from the DOE Secretary. In implementing these regulations, DOE considers the technologies available to achieve the statutory targets and those relevant for petitions submitted by agencies. Anticipated Cost and Benefits: The cumulative net present value (NPV) of the proposed Clean Energy Rule compliant buildings ranges from ¥$16.0 Million (at a 7-percent discount rate) to ¥$85.3 Million (at a 3-percent discount rate).DOE also analyzed an additional case where the future grid emission factors were assumed to follow a 95% reduction by 2035 (95 by 2035) profile as defined in the National Renewable Energy Laboratory’s (NREL) 2021 Standard Scenarios Report: A U.S. Electricity Sector Outlook. This case represents a change in national electricity generation which assumes national power sector CO2 emissions reach 95% below 2005 levels by 2035 and are eliminated on a net basis by 2050. The cumulative NPV of the proposed Clean Energy Rule compliant buildings in the 95 by 2035 case ranges VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 from $104.6 Million (at a 7-percent discount rate) to $83.4 Million (at a 3percent discount rate). Risks: Optional field—no response. Timetable: Action Date NPRM .................. NPRM Comment Period End. Supplemental NPRM. Supplemental NPRM Comment Period End. Supplemental Notice of Proposed Rulemaking (NPRM). FR Cite 10/15/10 12/14/10 75 FR 63404 10/14/14 79 FR 61693 12/15/14 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal. URL For More Information: www.energy.gov/eere/femp/notices-andrules. URL For Public Comments: www.regulations.gov. Agency Contact: Ashley Armstrong, Director Regulatory Buildings, EE–5B, Department of Energy, Energy Efficiency and Renewable Energy, Building Technologies Office, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586–6590, Email: ashley.armstrong@ee.doe.gov. RIN: 1904–AB96 DOE—EE Final Rule Stage 48. Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces [1904–AD20] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42 U.S.C. 6295(gg)(3) CFR Citation: 10 CFR 429; 10 CFR 430. Legal Deadline: NPRM, Judicial, April 24, 2015, Final Rule, Judicial, the later date of April 24, 2016, or one year after the issuance of the proposed rule. Abstract: The Energy Policy and Conservation Act, as amended, (EPCA) prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential furnaces. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more-stringent amended standards would be PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 11019 technologically feasible and economically justified and would save a significant amount of energy. DOE proposes amended and new energy conservation standards for nonweatherized gas furnaces and mobile home gas furnaces pursuant to a courtordered remand of DOE’s 2011 rulemaking for these products and other statutory requirements. Statement of Need: EPCA requires minimum energy efficiency standards for certain appliances and commercial equipment, including residential furnaces. Summary of Legal Basis: Title III of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6291–6309, as codified), established the Energy Conservation Program for Consumer Products Other Than Automobiles. Pursuant to EPCA, any new or amended energy conservation standard that the U.S. Department of Energy (DOE) prescribes for certain products, such as residential furnaces, shall be designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified (42 U.S.C. 6295(o)(2)(A)) and result in a significant conservation of energy (42 U.S.C. 6295(o)(3)(B)). Alternatives: The statute requires DOE to conduct rulemakings to review standards and to revise standards to achieve the maximum improvement in energy efficiency that the Secretary determines is technologically feasible and economically justified. In making this determination, DOE conducts a thorough analysis of the alternative standard levels, including the existing standard, based on the criteria specified in the statute. Anticipated Cost and Benefits: DOE finds that the benefits to the Nation of the proposed energy standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces (such as energy savings, consumer average lifecycle cost savings, an increase in national net present value, and emission reductions) outweigh the burdens (such as loss of industry net present value). For nonweatherized gas furnaces and mobile home gas furnaces, DOE estimates that energy savings for active mode operation (in terms of annual fuel utilization efficiency (AFUE)) will be 5.48 quads over 30 years and that the net benefit to the Nation will be between $6.2 billion and $21.6 billion. DOE estimates that energy savings for standby mode and off mode operation will be 0.28 quads over 30 years and that the net benefit to the Nation will be between $1.1 billion and $3.4 billion. E:\FR\FM\22FEP2.SGM 22FEP2 11020 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Risks: Optional field—no response. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 Notice of Public Meeting. NPRM and Notice of Public Meeting. NPRM Comment Period Extended. NPRM Comment Period Extended End. Notice of Data Availability (NODA). NODA Comment Period End. NODA Comment Period Reopened. NODA Comment Period Reopened End. Supplemental NPRM and Notice of Public Meeting. Supplemental NPRM Comment Period End. SNPRM Comment Period Reopened. SNPRM Comment Period End. Notice of NPRM Withdrawal. NPRM .................. Notification of data availability (NODA), public meeting, and extension of the comment period. NPRM Comment Period End. Final Action ......... DOE—DEPARTMENTAL AND OTHERS (ENDEP) FR Cite 10/30/14 79 FR 64517 03/12/15 80 FR 13120 05/20/15 80 FR 28851 07/10/15 09/14/15 80 FR 55038 10/14/15 10/23/15 80 FR 64370 11/06/15 09/23/16 81 FR 65720 11/22/16 12/05/16 81 FR 87493 01/06/17 01/15/21 86 FR 3873 07/07/22 08/30/22 87 FR 40590 87 FR 52861 10/06/22 09/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. URL For More Information: www1.eere.energy.gov/buildings/ appliance_standards/product.aspx/ productid/72. URL For Public Comments: www.regulations.gov/ #!docketDetail;D=EERE–2014-BT-STD0031. Agency Contact: Julia Hegarty, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 240 597–6737, Email: julia.hegarty@ee.doe.gov. RIN: 1904–AD20 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Final Rule Stage 49. • Loan Guarantees for Clean Energy Projects [1901–AB59] Priority: Economically Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 42 U.S.C. 16511 et seq. CFR Citation: 10 CFR 609. Legal Deadline: None. Abstract: The Inflation Reduction Act (IRA) has added new categories of eligible projects to the U.S. Department of Energy (DOE) Loan Programs Office’s program authorized by Title XVII of the Energy Policy Act of 2005, as amended (42 U.S.C. 16511 et seq.). This requires immediate and material changes to DOE’s existing regulations (10 CFR part 609) implementing the Title XVII program for DOE to be able to accept applications and issue loan guarantees for those categories of projects. The loan authority and appropriations authorized under the IRA are available through September 30, 2026, making the implementation of the authority timesensitive. The rule would also include changes to the existing regulations based on experience gained implementing the Title XVII loan guarantee program and to reflect amendments to Title XVII enacted by the Energy Policy Act of 2020 and the Infrastructure Investment and Jobs Act of 2021. Statement of Need: The existing regulations governing Title XVII do not contemplate certain categories of projects and terms applicable to Title XVII, as amended by recent legislation. As such, DOE must revise its regulations in order to effectuate the new categories of eligible projects and terms. Summary of Legal Basis: Title XVII of the Energy Policy Act of 2005, Public Law 109–58 (42 U.S.C. 16511 et seq.) established a program for the Department of Energy to guarantee loans for innovative projects that avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases. Title XVII has since been amended, including most recently under the Consolidated Appropriations Act of 2021 (Energy Act of 2020), Public Law 116–260, the Infrastructure Investment and Jobs Act of 2021, Public Law 117–158 (IIJA), and the Inflation Reduction Act of 2022, Public Law 117– 169 (IRA). Alternatives: This rulemaking seeks to codify recent legislative changes to the Title XVII program and make changes to PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 DOE’s regulations to improve implementation of the program. DOE recently solicited input from stakeholders to understand how it could improve the Title XVII program. Anticipated Cost and Benefits: The Title XVII rule sets forth the policies and procedures DOE uses for the application process, which includes receiving, evaluating, and approving loan guarantees to support eligible projects under Title XVII. While the rule itself will not have a direct economic impact, it will enable DOE’s use of nearly $300 billion of additional loan authority provided under the IIJA and IRA. Timetable: Action Interim Final Rule Date FR Cite 02/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Agency Contact: Rebecca Limmer, Chief Counsel, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586– 1174, Email: rebecca.limmer@ hq.doe.gov. RIN: 1901–AB59 BILLING CODE 6450–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Statement of Regulatory Priorities for Fiscal Year 2023 As the federal agency with principal responsibility for protecting the health of all Americans and for providing essential human services, the Department of Health and Human Services (HHS or the Department) implements programs that strengthen the health care system; advance scientific knowledge and innovation; and improve the health, safety, and wellbeing of the American people. The Department’s Regulatory Plan for fiscal year (FY) 2023 is focused on expanding access to health care, tackling disparities and advancing equity, increasing the nation’s public health preparedness, and supporting the wellbeing of families and communities. To highlight a few of these regulatory priorities: • This Plan expands access to health care and strengthens behavioral health, with rules that expand evidence-based behavioral health treatment via telehealth and streamline enrollment and improve access to care for children and families through the Medicaid E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 program and the Children’s Health Insurance Program (CHIP), among others. • The Department is also taking action to advance equity in health and social outcomes, including through rules designed to prevent discrimination and protect every person’s ability to equitably obtain health care and human services, regardless of where they live, who they are, or their background. • Forthcoming rules would also increase the nation’s public health preparedness, such as measures aimed at ensuring Americans are able to access safe produce and imported foods, and rules that would bolster the Department’s ability to respond to the spread of COVID–19 and prevent future public health threats. • This Plan supports the wellbeing of families and communities by including rules that would strengthen services for older Americans to allow them to live in their communities, as well as ensure that children and youth receive the care and support they need to thrive. In short, the Department’s Regulatory Plan reflects the Biden-Harris Administration’s commitment to continue building a better, healthier America, through rules designed to help protect the public health and to improve the health and wellbeing of every person touched by HHS programs. I. Building and Expanding Access to Affordable Health Care The Biden-Harris Administration is committed to ensuring that high-quality health care is accessible and affordable for every American. The Inflation Reduction Act of 2022 (IRA), signed by President Biden in August, lowers costs for American families by continuing increased premium tax credits for plans under the Affordable Care Act (ACA), allowing the federal government to negotiate prices for certain drugs under Medicare, and more. The Bipartisan Safer Communities Act of 2022, signed by President Biden in June, expands capacity and advances access to behavioral health treatment, particularly for children and youth. Additionally, President Biden’s Executive Order on Continuing to Strengthen Americans’ Access to Affordable, Quality Health Coverage (E.O. 14070) calls on federal agencies—including the Department—to continue to expand the availability of health care coverage, improve its quality, strengthen benefits, and help more Americans enroll. Charged with overseeing federal health programs such as Medicare, Medicaid, CHIP, and the ACA Marketplace, the Department plays a central role in the Administration’s VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 agenda to protect and strengthen access to health care. From day one of this Administration, the Department has worked closely with states to expand Medicaid to hundreds of thousands of newly eligible people and to allow Medicaid enrollees who are pregnant to keep their coverage for up to one year after pregnancy. The Department has also maximized opportunities to enroll a record number of people in ACA coverage and strengthened policies related to coverage and benefits in the ACA Marketplace. These actions, alongside others, have contributed to an all-time low uninsured rate among Americans. Over the next year, the Department will build upon its previous efforts by pursuing rules aimed at enhancing coverage and access to benefits in the ACA Marketplaces and the Medicaid, CHIP, and Medicare programs; expanding the accessibility and affordability of drugs and medical products; addressing behavioral health needs; and streamlining the secure exchange of health information. a. Enhancing Coverage and Access in the ACA Marketplaces, Medicaid, CHIP, and Medicare The Department will take several regulatory actions in the next year to improve access to care for Americans in the ACA Marketplace, Medicaid, CHIP, and Medicare. For example, the Department expects to finalize a rule on eligibility and enrollment processes in Medicaid and CHIP that will streamline the application, eligibility determination, enrollment, and renewal processes for these programs and create new pathways to maximize enrollment and retention of eligible individuals. Additional rules would promote access to care in Medicaid and CHIP and raise standards for hospitals, providers, and other entities participating in Medicare and Medicaid. For example, the Department plans to issue a proposed rule that would establish cultural competency and person-centered care requirements for all provider and supplier types that participate in the Medicare and Medicaid programs. The HHS Regulatory Plan also includes regulations aimed at improving access to care for consumers in the ACA Marketplaces. For instance, the Department plans to propose a rule on provider nondiscrimination requirements for certain health plans and issuers. This rule would protect patients’ access to care and promote competition by ensuring that plans do not engage in unlawful discrimination against health care providers. The PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 11021 Department will also work to ensure access to benefits and services afforded under the law. A critical part of this work will include amending regulations on contraceptive coverage which guarantee cost-free coverage to the consumer under the ACA. Finally, the Department will propose to amend regulations on short-term limited duration plans to better ensure access to comprehensive coverage for Americans, especially those with pre-existing conditions. In addition to the above, the Centers for Medicare & Medicaid Services (CMS) will issue several annual payment rules and notices over the next year that affect federal health programs, including Medicare and the ACA Marketplace. These rules, though they are not included in the HHS Regulatory Plan, will include policies that further the Secretary’s priority of expanding access to affordable, high-quality health care. b. Expanding the Accessibility and Affordability of Drugs and Medical Products Over the next year, the Department will continue expanding the accessibility and affordability of drugs and other medical products for Americans. For example, the Department expects to issue a final rule to set requirements for nonprescription drug products with an additional condition to ensure appropriate selfselection or appropriate actual use (or both) for consumers. This rule is expected to increase consumer access to nonprescription drugs, which could mean a reduction in under-treatment of certain diseases and conditions. The Department also plans to propose updates to the Food and Drug Administration (FDA) biologics regulations to support competition and enhance consumer choice through changes that would prevent efforts to delay or block competition from biosimilars and interchangeable products. The Department is also working to implement the IRA through policies aimed at reducing the high cost of prescription drugs for people with Medicare. Furthermore, the Department is committed to making sure Medicare beneficiaries are able to access emerging technologies and will initiate notice and comment rulemaking in the coming months to explore policy options that would create an accelerated approval pathway. This pathway would build on prior initiatives, including coverage with evidence development. In addition, in November 2022, the Department issued a proposed rule on the Administrative Dispute Resolution E:\FR\FM\22FEP2.SGM 22FEP2 11022 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 (ADR) process used to settle certain disputes among covered entities and manufacturers arising under the 340B Drug Pricing Program. This rule would establish new requirements and procedures for the Program’s ADR process, making the process more equitable and accessible for participation by program participants, and supporting the Program’s mission to expand access to health care for underserved communities. c. Addressing Behavioral Health Needs The Secretary remains committed to expanding access to integrated and equitable behavioral health services, including by addressing the impacts of the COVID–19 pandemic on mental health and substance use, which have disproportionately affected young people and underserved communities. This commitment will guide the Department’s planned regulatory activity for FY 2023, which includes several rules aimed at tackling mental health challenges and substance use disorders. For example, the HHS Regulatory Plan includes a proposed rule that is intended to make permanent certain telehealth flexibilities for substance use disorder treatments that were granted during the COVID–19 public health emergency. This rule would allow certain providers to provide buprenorphine via telehealth, as well as provide extended take-home doses of methadone to patients, when it is safe and appropriate to do so. Both changes are intended to increase access to comprehensive opioid use disorder treatment and may address barriers to treatment such as transportation, geographic proximity, employment, or other required activities of daily living. Working closely with the Departments of Labor and the Treasury, the Department will also issue a proposed rule to implement portions of the Mental Health Parity and Addiction Equity Act (MHPAEA) and the Consolidated Appropriations Act, 2021. The MHPAEA is a federal law that prevents group health plans and health insurance issuers that provide mental health or substance use disorder benefits from imposing less favorable benefit limitations on those benefits than on medical and surgical benefits. This rule would clarify group health plans and health insurance issuers’ obligations under the MHPAEA and promote compliance with MHPAEA, among other improvements. In November 2022, the Department also announced a proposed rule on the confidentiality of substance use disorder patient records. Consistent with the VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 CARES Act, this rule would align HHS regulations governing the disclosure and use of substance use disorder patient records (42 CFR part 2) with aspects of the HIPAA Privacy, Breach Notification, and Enforcement Rules; strengthen protections against uses and disclosures of patients’ substance use disorder records for civil, criminal, administrative, and legislative proceedings; and require that a HIPAA Notice of Privacy Practices address privacy practices with respect to Part 2 records. d. Streamlining the Secure Exchange of Health Information The secure exchange of health information and interoperability among health care providers and other entities improves patient care, promotes competition, reduces costs, and provides more accurate public health data. To help ensure greater interoperability and transparency, the HHS Regulatory Plan includes rules focused on addressing and preventing information blocking, consistent with the 21st Century Cures Act (Cures Act). For instance, the Department plans to finalize a rule that would, among other things, empower the HHS Office of the Inspector General (OIG) to investigate claims of information blocking and impose civil monetary penalties on health IT developers and health information networks where appropriate. Another complementary proposed rule would implement the Secretary’s authority under the Cures Act to establish appropriate disincentives for health care providers found to have committed information blocking. The Department is also proposing a rule on the Electronic Health Record (EHR) Reporting Program condition and maintenance of certification requirements under the Office of the National Coordinator for Health Information Technology (ONC) Health IT Certification Program, which would include enhancements to support information sharing under the information blocking regulations. The Department is also advancing interoperability policies in the context of the federal health programs it administers and oversees. For example, the Department will propose rules to improve the electronic exchange of health care data and streamline processes related to prior authorization for Medicare Advantage (MA) organizations, Medicaid managed care plans, CHIP managed care entities, state Medicaid and CHIP fee-for-service (FFS) programs, and Qualified Health Plan (QHP) issuers on the Federally PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 Facilitated Exchange (FFE). Similarly, the Department’s upcoming proposed rule on strengthening and improving the Medicare Advantage and prescription drug programs will include provisions proposing to enhance interoperability within Medicare. II. Tackling Disparities and Advancing Equity Equity is the focus of over a dozen Executive Orders issued by President Biden, and it remains a cornerstone of the Biden-Harris Administration’s agenda. The Department recognizes that people of color, people with disabilities, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) people, and other underserved groups in the U.S. have been systematically denied a full and fair opportunity to participate in economic, social, and civic life. Among its other manifestations, this history of inequality shows up as persistent disparities in health and social outcomes and in access to care. As the federal agency responsible for ensuring the health and wellbeing of Americans, the Department, under Secretary Becerra’s leadership, is committed to tackling these entrenched inequities and their root causes throughout its programs and policies. The Department’s regulatory priority of tackling disparities and advancing equity includes rules aimed at preventing and remedying discrimination; strengthening health and safety standards for consumer products that impact underserved communities; and promoting equity in federally supported health care services. In addition to the specific rulemakings identified in this section, HHS is committed to advancing equity in all aspects of the Department’s work. Consistent with President Biden’s Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (E.O. 13985), the Department’s efforts in this area include an ongoing assessment of whether underserved communities face barriers in accessing benefits and opportunities in HHS programs and whether policy changes are necessary to advance equity. This process continues to inform the Department’s broader regulatory agenda. a. Preventing and Remedying Discrimination The HHS Regulatory Plan includes actions to eliminate discrimination as a barrier for historically marginalized communities seeking access to HHS programs and activities. For instance, the Department plans to finalize its rule E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 on nondiscrimination in health programs and activities, which would amend the existing regulations implementing section 1557 of the ACA, ensuring that the regulations reflect the proper scope of the statute’s protections. Because discrimination in the U.S. health care system is a driver of health disparities, the Section 1557 regulations present a key opportunity for the Department to promote equity and ensure protection of health care as a right. Additionally, the Department will issue a proposed rule addressing discrimination on the basis of disability in health and human services programs or activities. This rule would revise regulations under section 504 of the Rehabilitation Act of 1973 to address unlawful discrimination on the basis of disability in HHS-funded health and human services programs. Topics that HHS may cover include nondiscrimination in medical treatment, child welfare programs and services, value assessment methodologies, accessible medical equipment, information and communication technology, and other relevant health and human services activities. b. Strengthening Health and Safety Standards for Consumer Products That Impact Underserved Communities To protect the public health and advance equity, the Department continues to pursue regulatory action with respect to consumer products that harm the health of underserved groups. Over the next year, the Department plans to finalize two rules that prohibit menthol as a characterizing flavor in cigarettes and prohibit all characterizing flavors (other than tobacco) in cigars. These and other potential future regulatory actions have the potential to significantly reduce disease and death from combusted tobacco product use, the leading cause of preventable death in the United States. The regulations are also expected to promote better health outcomes across population groups. Evidence shows that tobacco is disproportionately marketed to underserved communities and vulnerable populations—such as disproportionate storefront and outdoor marketing, as well as point-of-sale marketing, in Black, Hispanic, and lowincome communities. The disparities in tobacco marketing and use shape disparities in tobacco-related disease and death. These planned regulatory actions by the Department on tobacco are expected not only to benefit the population as a whole, but, in doing so, also substantially decrease tobaccorelated health disparities. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 c. Promoting Equity in Federally Supported Health Care Services The Department continues to seek out opportunities to embed equity throughout HHS programs and policies, including in federally supported health care services. The World Trade Center (WTC) Health Program is a limited federal health program that provides nocost medical monitoring and treatment for certified WTC-related health conditions to those directly affected by the 9/11 attacks. The Department plans to issue a proposed rule to add uterine cancer to the List of WTC-Related Health Conditions.Permitting the Program to pay for medically necessary treatment, this rule would advance health equity for those WTC Health Program members who are found to have WTC-related uterine cancer. III. Increasing Public Health Preparedness Protecting the nation’s public health is a primary responsibility of the Department. This responsibility includes ensuring that the right protections and infrastructure are in place to help the nation to respond to public health threats and outbreaks quickly and effectively, including COVID–19. It also includes ensuring healthy and safe food for every American through protections against foodborne illness in the food supply chain. In service of this regulatory priority, over the next year, the Department is pursuing rules that would bolster the nation’s resilience to handle COVID–19 and future public health threats and improve Americans’ access to safe and nutritious food. a. Bolstering the Nation’s Resilience To Handle COVID–19 and Future Public Health Threats The Department continues to play a central role in the Biden-Harris Administration’s whole-of-government response to the COVID–19 pandemic. From ensuring access to COVID–19 testing, treatment, and vaccines, to bolstering the capacity of the health care system in a public health emergency, Secretary Becerra has leveraged the Department’s full resources to pursue a comprehensive strategy to combat COVID–19. In the context of COVID–19 and other disease outbreaks, it is crucial for public health authorities to be able to identify and evaluate persons who may have been exposed to a communicable disease. Currently, on an interim basis, the Centers for Disease Control and Prevention (CDC) is authorized to PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 11023 require airlines to collect certain data regarding passengers and crew arriving from foreign countries for the purposes of health education, treatment, prophylaxis, or other appropriate public health interventions, including contact tracing and travel restrictions. The Department intends to finalize this regulation in FY 2023. This would allow the Department to continue to receive data in a timely manner and more effectively provide critical public health services in response to COVID–19 and other communicable diseases that may put Americans’ health at risk. In addition to strengthening the public health system, the Department is continuing to address the need for flexibility in HHS programs to minimize disruptions and alleviate burdens that may be caused by COVID–19 or future emergencies. To that end, the Department also plans to finalize its rule allowing current grantees under the Administration for Native Americans (ANA) to request an emergency waiver for the non-federal share match. This update to ANA’s regulation would provide a new provision for recipients to request an emergency waiver in the event of a natural or man-made emergency such as a public health pandemic. b. Improving Access to Safe and Nutritious Food To help ensure healthy and safe food for every American, the HHS Regulatory Plan includes rules that improve the Department’s ability to identify foodborne illnesses, prevent them from reoccurring, and remove unsafe products from the market. It also supports the goals of the White House Conference on Hunger, Nutrition, and Health, by advancing work to improve consumers’ ability to access nutritious food to prevent disease and protect public health. For example, the Department will finalize a rule intended to improve the safety of produce by requiring farms to conduct comprehensive assessments of pre-harvest agricultural water that would help farms identify and mitigate hazards in water used to grow produce. Moreover, the Department is proposing a rule that would require importers of certain foods to certify, or otherwise provide appropriate assurances, that these imported foods comply with U.S. safety requirements. This rule would help prevent potentially harmful imported foods from reaching consumers and thereby improve the safety of the U.S. food supply. In November 2022, the Department finalized its rule establishing additional recordkeeping requirements for persons E:\FR\FM\22FEP2.SGM 22FEP2 11024 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda who manufacture, process, pack, or hold foods identified on the Food Traceability List (FTL). This rule is intended to make it easier to rapidly and effectively track the movement of a food to prevent or mitigate a foodborne illness outbreak. In addition, the Department seeks to improve dietary patterns in the United States to help reduce the burden of dietrelated chronic diseases. One way HHS is working towards creating a healthier food supply is by proposing a rule that would permit use of salt substitutes, rather than salt, to help reduce the amount of sodium in standardized foods. lotter on DSK11XQN23PROD with PROPOSALS2 IV. Supporting the Wellbeing of Families and Communities The Department strives to support the wellbeing of Americans by funding and providing access to a range of critical social services. Millions of people benefit from HHS programs that help older adults and people with disabilities participate fully in their communities, promote opportunity and economic security for families, help refugees and other eligible newcomers integrate and thrive, and provide care for unaccompanied children. The Secretary recognizes that these programs and forms of assistance are more important than ever due to the COVID–19 pandemic and its economic consequences, which have had an outsized impact on people of color and other underserved communities. To sustain and strengthen these essential benefits and services, the Department is prioritizing regulations that would improve their quality and accessibility while reducing burdens and increasing the efficiency of service delivery. The Secretary’s regulatory priority in this area includes rules aimed at strengthening high-quality services for older adults, expanding opportunities for children and youth to thrive, and providing pathways to economic success. a. Strengthening High-Quality Services for Older Adults The HHS Regulatory Plan includes rules aimed at enhancing the ability of Administration for Community Living (ACL) programs to protect the rights and wellbeing of older adults. For instance, the Department plans to propose regulations for Adult Protective Services (APS) programs that will strengthen services for older adults and adults with disabilities that experience adult maltreatment. Additionally, the Department will propose changes to its Older Americans Act (OAA) regulations to support long-term care services, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 nutrition, caregiver supports, and more, for older adults. In both rulemakings, the Department plans to incorporate applicable elements E.O. 13985 and ensure access to services for individuals with the greatest social and economic need. Furthermore, consistent with the Biden-Harris Administration’s Nursing Home Reform Action Plan, the Department’s Regulatory Plan includes efforts to improve the safety and quality of care in the nation’s nursing homes. For example, in the next year, the Department plans to issue proposed rules that are intended to institute minimum staffing standards in nursing homes, protect residents, and prevent fraud, waste, and abuse. b. Expanding Opportunities for Children and Youth To Thrive The Department’s mission to provide effective human services includes a focus on protecting the wellbeing of children and youth. This focus has special significance given the COVID–19 pandemic and its economic consequences, which have deeply affected the lives of children and youth—particularly Black, Latino, Indigenous, Native American, and other underserved youth with disproportionate involvement in the child welfare system. Several rules planned for FY 2023 are aimed at enhancing programs and protections for youth and families experiencing foster care, unaccompanied children in the Department’s care, and individuals entitled to child support. As part of its focus on the foster care and the child welfare system, the Department will propose changes to the Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations that would help the Department to administer foster care and adoption assistance programs more effectively and better serve children and families. This rule would require title IV–E agencies to collect and report for AFCARS additional information related to the Indian Child Welfare Act of 1978 and the sexual orientation of youth in the reporting population and their foster parents, adoptive parents, and legal guardians. The Department will also propose a rule allowing licensing standards for relative or kinship foster family homes that are different from non-relative or non-kinship homes. The proposed change would address barriers to licensing relatives and kin who can provide continuity and a safe and loving home for children when they cannot be with their parents. Additionally, the Department will issue a proposed rule to facilitate the provision of PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 independent legal representation to a child who is a candidate for foster care, or in foster care, and to a parent preparing for participation in foster care legal proceedings. Improving access to independent legal representation may help prevent the removal of a child from the home or, for a child in foster care, achieve permanence faster. Moreover, the Department’s commitment to children and youth includes rules intended to ensure the highest level of services and care for unaccompanied children in the Department’s custody. For instance, the Department will propose a new rule to strengthen and codify protections and service provisions for children cared for by the Office of Refugee Resettlement’s (ORR’s) Unaccompanied Children Program. Furthermore, the Department will issue a proposed rule that would provide new regulations governing the federal licensing of ORR facilities, which may be used in certain situations when state governments do not provide state licensing for such facilities. Finally, the Department is taking action to protect the sustainability of tribal child support programs. The Department’s forthcoming proposed rule on tribal child support programs would modify the non-federal share of the program expenditures requirement, including 90/10 and 80/20 cost sharing rates. c. Providing Pathways to Economic Success In administering the Temporary Assistance for Needy Families (TANF) program, the Department works with states, territories, and tribes to help children and families achieve economic success. The COVID–19 pandemic highlighted the importance of using federal investments and existing program flexibilities strategically to reduce family poverty and alleviate economic crises, especially for families of color and underserved communities. In the next year, the Department plans to issue a proposed rule to reform the TANF program to strengthen the safety net and work preparation program for families and individuals with the lowest income, change allowable uses of TANF funds to refocus on the intended purposes of TANF, improve work program effectiveness, and reduce administration burden. These changes are intended to improve the overall wellbeing of families while addressing inequities in program services and policies. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda HHS—OFFICE OF THE INSPECTOR GENERAL (OIG) Final Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 50. Amendments to Civil Monetary Penalty Law Regarding Grants, Contracts, and Information Blocking [0936–AA09] Priority: Other Significant. Legal Authority: 21st Century Cures Act; Pub. L. 114–255; secs. 4004 and 5003; Bipartisan Budget Act of 2018 (BBA 2018), Pub. L. 115–123. sec. 50412 CFR Citation: 42 CFR 1003; 42 CFR 1005. Legal Deadline: None. Abstract: The final regulation modifies 42 CFR 1003 and 1005 by addressing three issues. First, the 21st Century Cures Act (Cures Act) provision that authorizes the Department of Health and Human Services (HHS) to impose civil monetary penalties, assessments, and exclusions upon individuals and entities that engage in fraud and other misconduct related to HHS grants, contracts, and other agreements. Second, the Cures Act information blocking provisions that authorize the Office of Inspector General to investigate claims of information blocking and provide HHS the authority to impose CMPs for information blocking. Third, the Bipartisan Budget Act of 2018 increases in penalty amounts in the Civil Monetary Penalties Law. Statement of Need: The 21st Century Cures Act (Cures Act) set forth new authorities which need to be added to HHS’s existing civil monetary penalty authorities. This final rule seeks to add the new authorities to the existing civil monetary penalty regulations and to set forth the procedural and appeal rights for individuals and entities. The Bipartisan Budget Act of 2018 (BBA) amended the Civil Monetary Penalties Law (CMPL) to increase the amounts of certain civil monetary penalties which requires amending the existing regulations for conformity. The final rule seeks to ensure alignment between the increased civil monetary penalties in the statute and the civil monetary penalties set forth in the OIG’s rules. Summary of Legal Basis: The legal authority for this regulatory action is found in: (1) section 1128A(a)– (b) of the Social Security Act, the Civil Monetary Penalties Law (42 U.S.C. 1320a–7a), which provides for civil monetary penalty amounts; (2) section 1128A(o)–(s) of the Social Security Act, which provides for civil monetary penalties for fraud and other misconduct related to grants, contracts, and other agreements; and (3) section VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 3022(b) of the Public Health Service Act (42 U.S.C. 300jj-52), which provides for investigation and enforcement of information blocking. Alternatives: The regulations incorporate the statutory changes to HHS’s authority found in the Cures Act and the BBA. The alternative would be to rely solely on the statutory authority and not align the regulations accordingly. However, we concluded that the public benefit of providing clarity by placing the new civil monetary penalties and updated civil monetary penalty amounts within the existing regulatory framework outweighed any burdens of additional regulations promulgated. Anticipated Cost and Benefits: We believe that there are no significant costs associated with these proposed revisions that would impose any mandates on State, local, or Tribal governments or the private sector. The regulation will provide a disincentive for bottlenecks to the flow of health data that exist, in part, because parties are reticent to share data across the healthcare system or prefer not to do so. The final rule will help foster interoperability, thus improving care coordination, access to quality healthcare, and patients’ access to their healthcare data. Risks: To be determined. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 04/24/20 06/23/20 FR Cite 85 FR 22979 03/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Chris Hinkle, Senior Advisor, Department of Health and Human Services, Office of the Inspector General, 330 Independence Avenue SW, Washington, DC 20201, Phone: 202 891– 6062, Email: christina.hinkle@ oig.hhs.gov. RIN: 0936–AA09 HHS—OFFICE FOR CIVIL RIGHTS (OCR) Proposed Rule Stage 51. Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities [0945–AA15] Priority: Economically Significant. Major under 5 U.S.C. 801. PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 11025 Legal Authority: sec. 504 of the Rehabilitation Act of 1973; 29 U.S.C. 794 CFR Citation: 45 CFR 84. Legal Deadline: None. Abstract: This proposed rule would revise regulations under section 504 of the Rehabilitation Act of 1973 to address unlawful discrimination on the basis of disability in vital HHS-funded health and human services programs. Covered topics may include nondiscrimination in medical treatment, child welfare programs and activities, value assessment methods, accessible medical equipment, information and communication technology, and other relevant health and human services activities. Statement of Need: To robustly enforce the prohibition of discrimination on the basis of disability, OCR will update the section 504 of the Rehabilitation Act regulations to clarify obligations and address issues that have emerged in our enforcement experience (including complaints OCR has received), case law, and statutory changes under the Americans with Disabilities Act and other relevant laws, in the forty-plus years since the regulation was promulgated. OCR has heard from complainants and many other stakeholders, as well as Federal partners, including the National Council on Disability, on the need for updated regulations in a number of important areas. Summary of Legal Basis: The current regulations have not been updated to be consistent with the Americans with Disabilities Act, the Americans with Disabilities Amendments Act, or the 1992 Amendments to the Rehabilitation Act, all of which made changes that should be reflected in the HHS section 504 regulations. Under Executive Order 12250, the Department of Justice has provided a template for HHS to update this regulation. Alternatives: OCR considered issuing guidance, and/or investigating individual complaints and compliance reviews. However, we concluded that not taking regulatory action could result in continued discrimination, inequitable treatment and even untimely deaths of people with disabilities. OCR continues to receive complaints alleging serious acts of disability discrimination each year. While we continue to engage in enforcement, we believe that our enforcement and recipients’ overall compliance with the law will be better supported by the presence of a clearly articulated regulatory framework than continuing the status quo. Continuing to conduct case-by-case investigations without a broader framework risks lack E:\FR\FM\22FEP2.SGM 22FEP2 11026 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda of clarity on the part of providers and violations of section 504 that could have been avoided and may go unaddressed. By issuing a proposed rule, we are undertaking the most efficient and effective means of promoting compliance with section 504. Anticipated Cost and Benefits: The Department anticipates that this rulemaking will result in significant benefits, namely by providing clear guidance to the covered entity community regarding requirements to administer their health programs and activities in a non-discriminatory manner. In turn, the Department anticipates cost savings as individuals with disabilities can access a range of health care services. The Department expects that the rule, when finalized, will generate some changes in action and behavior that may generate some costs. The rule will address a wide range of issues, with varying impacts and a comprehensive analysis is underway. Risks: To be determined. Timetable: Action Date NPRM .................. FR Cite 03/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Agency Contact: Molly Burgdorf, Section Chief, Civil Rights Division, Department of Health and Human Services, Office for Civil Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 800 368–1019, TDD Phone: 800 537–7697, Email: ocrmail@ hhs.gov. RIN: 0945–AA15 HHS—OCR Final Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 52. Nondiscrimination in Health Programs And Activities [0945–AA17] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: sec. 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116); 42 U.S.C. 1302; 42 U.S.C. 1395; 42 U.S.C. 1395eee(f); 42 U.S.C. 1396u–4(f); 42 U.S.C. 2000d–1; 20 U.S.C. 1405; 29 U.S.C. 794; 42 U.S.C. 290dd–2; 21 U.S.C. 1174; 42 U.S.C. 300gg to 300gg–63; 42 U.S.C. 300gg–91; 42 U.S.C. 300gg–92; 42 U.S.C. 300gg– 111 to 300gg–139 as amended, sec. 3203; Pub. L. 116–136, 134 Stat. 281; 42 U.S.C. 18021 to 18024; 42 U.S.C. 18031 to 18033; 42 U.S.C. 18041 to 18042; 42 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 U.S.C. 18044; 42 U.S.C. 18051; 42 U.S.C. 18054; 42 U.S.C. 18061; 42 U.S.C. 18063; 42 U.S.C. 18071; 42 U.S.C. 18081 to 18083; 26 U.S.C. 36B CFR Citation: 42 CFR 438; 42 CFR 440; 42 CFR 457; 42 CFR 460; 45 CFR 80; 45 CFR 84; 45 CFR 86; 45 CFR 91; 45 CFR 92; 45 CFR 147; 45 CFR 155; 45 CFR 156; . . . Legal Deadline: None. Abstract: This rule will address changes to the 2020 Final Rule implementing section 1557 of the Patient Protection and Affordable Care Act (PPACA). Section 1557 of PPACA prohibits discrimination on the basis of race, color, national origin, sex, age, or disability under any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency, or any entity established under title l of the PPACA. Statement of Need: The Biden-Harris Administration has made advancing health equity and nondiscrimination in health care a cornerstone of its policy agenda. The current section 1557 implementing regulation significantly curtails the scope of application of section 1557 protections and creates uncertainty and ambiguity as to what constitutes prohibited discrimination in covered health programs and activities. Issuance of a revised section 1557 implementing regulation is important because it would provide clear and concise regulations that are consistent with the statutory text and protect historically marginalized communities as they seek access to health programs and activities. Summary of Legal Basis: The Secretary of the Department is statutorily authorized to promulgate regulations to implement section 1557. 42 U.S.C. 18116(c). The current section 1557 Final Rule is pending litigation. Alternatives: The Department has considered the alternative of maintaining the section 1557 implementing regulation in its current form; however, the Department believes it is appropriate to undertake rulemaking given the Administration’s commitment to advancing equity and access to health care and in light of the issues raised in litigation challenges to the current rule. Anticipated Cost and Benefits: In enacting section 1557 of the ACA, Congress recognized the benefits of equal access to health services and health insurance that all individuals should have, regardless of their race, color, national origin, sex, age, or disability. The Department anticipates PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 that this rulemaking will result in significant benefits that are difficult to quantify, namely by providing clear guidance to the covered entity community regarding requirements to administer their health programs and activities in a non-discriminatory manner. In turn, the Department anticipates cost savings as individuals are able to access a range of health care services that will result in decreased health disparities among historically marginalized groups and increased health benefits. The Department estimates annualized costs over a 5-year time horizon of about $551 million or $560 million; however, it is important to recognize that this rule applies preexisting nondiscrimination requirements in Federal civil rights laws to various entities, the great majority of which have been covered by these requirements for years. Risks: To be determined. Timetable: Action NPRM .................. NPRM Comment Period End. Final Action ......... Date 08/04/22 10/03/22 FR Cite 87 FR 47751 03/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal, Local, State. URL For More Information: https:// www.hhs.gov/civil-rights/forindividuals/section-1557/. URL For Public Comments: https:// www.regulations.gov/document/HHSOS-2022-0012-0001. Agency Contact: Dylan Nicole De Kervor, Senior Advisor to the Director, Department of Health and Human Services, Office for Civil Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 202 240–3110, Email: 1557ocrmail@hhs.gov. Related RIN: Related to 0945–AA02, Related to 0945–AA11 RIN: 0945–AA17 E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda HHS—OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY (ONC) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 53. ONC Health IT Certification Program Updates, Health Information Network Attestation Process for the Trusted Exchange Framework and Common Agreement, and Enhancements To Support Information Sharing [0955–AA03] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 42 U.S.C. 300jj–11; 42 U.S.C. 300jj–14; 42 U.S.C. 300jj–19a; 42 U.S.C. 300jj–52; 5 U.S.C. 552; Pub. L.114–255; Pub. L. 116–260 CFR Citation: 45 CFR 170; 45 CFR 171; 45 CFR 172. Legal Deadline: Final, Statutory, December 13, 2017, Conditions of certification and maintenance of certification. Final, Statutory, July 24, 2019, Publish a list of the health information networks that have adopted the common agreement and are capable of trusted exchange pursuant to the common agreement. Abstract: The rulemaking implements certain provisions of the 21st Century Cures Act, including: the Electronic Health Record Reporting Program condition and maintenance of certification requirements under the ONC Health IT Certification Program; a process for health information networks that voluntarily adopt the Trusted Exchange Framework and Common Agreement to attest to such adoption of the framework and agreement; and enhancements to support information sharing under the information blocking regulations. The rulemaking would also include proposals for new standards and certification criteria under the Certification Program related to the United States Core Data for Interoperability, real-time benefit tools, electronic prior authorization, and potentially other revisions to the Certification Program. Statement of Need: The rulemaking would implement certain provisions of the 21st Century Cures Act, including: the Electronic Health Record (EHR) Reporting Program condition and maintenance of certification requirements under the (Certification Program); a process for health information networks that voluntarily adopt the Trusted Exchange Framework and Common Agreement to attest to such adoption of the framework and agreement; and enhancements to support information sharing under the information blocking regulations. The VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 rulemaking would also include proposals for new standards and certification criteria under the Certification Program related to the United States Core Data for Interoperability, real-time benefit tools, and electronic prior authorization. These proposals would fulfill statutory requirements, provide transparency, advance interoperability, and support the access, exchange, and use of electronic health information. Transparency regarding health care information and activities as well as the interoperability and electronic exchange of health information are central to the efforts of the Department of Health and Human Services to enhance and protect the health and well-being of all Americans. Summary of Legal Basis: The provisions would be implemented under the authority of the Public Health Service Act, as amended by the HITECH Act and the 21st Century Cures Act. Alternatives: ONC will consider different options and measures to improve transparency, and the interoperability and access to electronic health information so that the benefits to providers, patients, and payers are maximized and the economic burden to health IT developers, providers, and other stakeholders is minimized. Anticipated Cost and Benefits: The majority of costs for this proposed rule would be incurred by health IT developers in terms of meeting new requirements and continual compliance with the EHR Reporting Program condition and maintenance of certification requirements. We also expect that implementation of new standards and information sharing requirements may also account for some costs. We expect that through implementation and compliance with the regulations, the market (particularly patients, payers, and providers) will benefit greatly from increased transparency, interoperability, and streamlined, lower cost access to electronic heath information. Risks: At this time, ONC has not been able to identify any substantial risks that would undermine likely proposals in the proposed rule. ONC will continue to consider and deliberate regarding any identified potential risks and will be sure to identify them for stakeholders and seek comment from stakeholders during the comment period for the proposed rule. Timetable: Action Date NPRM .................. PO 00000 Frm 00063 12/00/22 Fmt 4701 Sfmt 4702 FR Cite 11027 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: Undetermined. Agency Contact: Michael Lipinski, Director, Regulatory & Policy Affairs Division, Department of Health and Human Services, Office of the National Coordinator for Health Information Technology, Mary E. Switzer Building, 330 C Street SW, Washington, DC 20201, Phone: 202 690–7151, Email: michael.lipinski@hhs.gov. RIN: 0955–AA03 HHS—ONC 54. • Establishment of Disincentives for Health Care Providers Who Have Committed Information Blocking [0955–AA05] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 42 U.S.C. 300jj–52; 42 U.S.C. 1315a; 42 U.S.C. 1395jjj; 42 U.S.C. 1395ww; 42 U.S.C. 1395f; 42 U.S.C. 1395w–4; 42 U.S.C. 1395yy; 42 U.S.C. 1395rr; 42 U.S.C. 1395f; 42 U.S.C. 1395l; 42 U.S.C. 195fff CFR Citation: 45 CFR 171; 42 CFR 495; 42 CFR 413; 42 CFR 41. Legal Deadline: None. Abstract: The rulemaking implements certain provisions of the 21st Century Cures Act to establish appropriate disincentives for health care providers determined by the Inspector General to have committed information blocking. Consistent with the 21st Century Cures Act, the rulemaking establishes a first set of disincentives using HHS authorities under applicable Federal law, including authorities delegated to the Centers for Medicare & Medicaid Services, and includes related policies necessary to implement these provisions. Statement of Need: The rulemaking would implement a provision of the 21st Century Cures Act which requires OIG to refer health care providers that OIG determines to have committed information blocking to the appropriate agency to be subject to appropriate disincentives using authorities under applicable Federal law, as the Secretary sets forth through notice and comment rulemaking. Release of the proposed rule is needed to implement this critical component of the Cures Act and ensure effective enforcement of information blocking rules. Summary of Legal Basis: The provisions would be implemented under the authority of the Public Health E:\FR\FM\22FEP2.SGM 22FEP2 11028 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Service Act, as amended by the 21st Century Cures Act. Alternatives: ONC will consider different available authorities under which appropriate disincentives could be established to minimize regulatory burden for health care providers. Anticipated Cost and Benefits: The costs of this proposed rule would be minimal. Investigated parties may incur some costs in response to an OIG investigation or enforcement action by an HHS agency, however this would depend on the frequency of prohibited conduct. The expected benefits of the regulation are deterring information blocking conduct that interferes with effective health information exchange and negatively impacts many important aspects of health care, including patient access, duplicative testing and costs, and the availability and quality of care. Risks: We anticipate that health care providers will express concern with the potential complexity of the approach (i.e., the application of a range of disincentives based on available authorities) as compared to a range of civil monetary penalties or fines. ONC will continue to consider additional potential risks, identify them for stakeholders, and seek comment from stakeholders during the comment period for the proposed rule. Timetable: Action Date NPRM .................. FR Cite 09/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Alex Baker, Federal Policy Branch Chief, Department of Health and Human Services, Office of the National Coordinator for Health Information Technology, 330 C Street SW, 7th Fl., Washington, DC 20201, Phone: 202 260–2048, Email: alexander.baker@hhs.gov. RIN: 0955–AA05 lotter on DSK11XQN23PROD with PROPOSALS2 HHS—ONC 55. • Patient Engagement, Information Sharing, and Public Health Interoperability [0955–AA06] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 42 U.S.C. 300jj–11; 42 U.S.C. 300jj–14; 42 U.S.C. 300jj–19a; 42 U.S.C. 300jj–52; 5 U.S.C. 552; Pub. L., 114–255 CFR Citation: 45 CFR 170; 45 CFR 171. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Legal Deadline: None. Abstract: The rulemaking builds on policies adopted in the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification final rule (85 FR 25642) and included in the Health Information Technology: ONC Health IT Certification Program Updates, Health Information Network Attestation Process for the Trusted Exchange Framework and Common Agreement, and Enhancements to Support Information Sharing proposed rule (0955–AA03). The rulemaking advances electronic health information sharing through proposals for: standards adoption; the certification of health IT to support expanded uses of application programming interfaces (APIs), such as electronic prior authorization, patient engagement, and interoperable public health exchange; and supporting patient engagement and other information sharing principles under the information blocking regulations. Statement of Need: The rulemaking builds on policies adopted in the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification final rule (85 FR 25642) and included in the Health Information Technology: ONC Health IT Certification Program Updates, Health Information Network Attestation Process for the Trusted Exchange Framework and Common Agreement, and Enhancements to Support Information Sharing proposed rule (0955–AA03). The rulemaking is needed to advance electronic health information sharing through proposals for: standards adoption; the certification of health IT to support expanded uses of application programming interfaces (APIs), such as electronic prior authorization, patient engagement, and interoperable public health exchange; and supporting patient engagement and other information sharing principles under the information blocking regulations. Summary of Legal Basis: The regulatory proposals would be implemented under the authority of the Public Health Service Act, as amended by the HITECH Act and the 21st Century Cures Act. Alternatives: ONC will consider different options to improve electronic health information interoperability and sharing so that the benefits to providers, patients, and payers are maximized and the economic burden to health IT developers, providers, and other stakeholders is minimized. Anticipated Cost and Benefits: The majority of costs for this proposed rule would be incurred by health IT developers in terms of meeting new PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 requirements. We also expect that implementation of new standards for interoperability and information sharing requirements may account for some costs. We expect that through implementation and compliance with the regulations, the market (particularly patients, payers, and providers) will benefit greatly from improved interoperability and the access, exchange, and use of electronic heath information. Risks: At this time, ONC has not been able to identify any substantial risks that would undermine likely proposals in the proposed rule. ONC will continue to consider and deliberate regarding any potential risks and will be sure to identify them for stakeholders and seek comment from stakeholders during the comment period for the proposed rule. Timetable: Action NPRM .................. Date FR Cite 11/00/23 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Businesses. Government Levels Affected: Undetermined. Agency Contact: Michael Lipinski, Director, Regulatory & Policy Affairs Division, Department of Health and Human Services, Office of the National Coordinator for Health Information Technology, Mary E. Switzer Building, 330 C Street SW, Washington, DC 20201, Phone: 202 690–7151, Email: michael.lipinski@hhs.gov. RIN: 0955–AA06 HHS—SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) Proposed Rule Stage 56. Medications for the Treatment of Opioid Use Disorder [0930–AA39] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 21 U.S.C. 823(g)(1) CFR Citation: 42 CFR 8. Legal Deadline: None. Abstract: The Substance Abuse and Mental Health Services Administration (SAMHSA) will revise 42 CFR part 8 to make permanent some regulatory flexibilities for Opioid Treatment Programs (OTPs) granted under the COVID–19 Public Health Emergency (PHE), and to expand access to care for people with Opioid Use Disorder (OUD). Specifically, SAMHSA will propose making permanent those flexibilities pertaining to unsupervised E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda doses of methadone and also initiation of buprenorphine via telemedicine. To expand access to care, SAMHSA will also review admission criteria, particularly rules that may limit timely access to treatment in an OTP. To achieve this, sections of 42 CFR part 8 will require updating. SAMHSA’s changes will impact roughly 1900 opioid treatment programs and state opioid treatment authorities. Statement of Need: These proposed changes will help facilitate access to Medications for Opioid Use Disorder (MOUD) in SAMHSA-regulated opioid treatment programs (https:// www.samhsa.gov/medication-assistedtreatment/become-accredited-opioidtreatment-program). Research and stakeholder feedback indicate that flexibilities granted under the COVID– 19 PHE have been well received by treatment programs and patients. There are very few reports of diversion or overdose, and the flexibilities have been shown to facilitate patient engagement in activities, such as employment, that support recovery. Moreover, those with limited access to transportation benefit from these flexibilities since they are not required to attend the OTP as frequently. In this way, making permanent the methadone extended take home flexibility and buprenorphine initiation via telehealth flexibility will facilitate treatment engagement. To further support this and to help surmount increasing mortality and morbidity due to the growing fentanyldriven overdose crisis, it is necessary to review OTP admission criteria. This will further expand access to care. Summary of Legal Basis: The current OTP flexibilities allow OTPs to operate in a manner that is otherwise inconsistent with existing OTP regulations, and therefore, a permanent extension of such exemptions would effectively revise the OTP regulations. If such action is pursued without rulemaking, it could be interpreted as inconsistent with SAMHSA’s exemption authority under 42 CFR 8.11(h) and the Administrative Procedures Act, which requires agencies to go through notice and comment rulemaking before establishing legally binding rules. Therefore, incorporating the OTP flexibilities at issue into 42 CFR part 8 through rulemaking is the optimal approach for making the OTP flexibilities permanent. Alternatives: Congressional action; allowing the flexibilities to lapse. Anticipated Cost and Benefits: This change will help facilitate access to opioid use disorder treatment in SAMHSA-regulated OTPs. Programs have already incorporated COVID–19 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 flexibilities into practice and have systems in place that support their delivery in a cost effective, safe, and patient centered manner. This proposed rule is not expected to impart a cost to patients. In fact, the proposed rule allows patients to more readily engage in employment and necessary daily activities. This supports patient workforce participation, income generation, and also recovery. Further to this, expanded access will potentially limit the long-term effects of opioid misuse among those seeking rapid access to treatment. Risks: Patients seeking extended takehome doses of methadone or who have been reviewed via telehealth for initiation of buprenorphine should still be required to have an in-person visit at the OTP at intermittent intervals. Without this provision, there is risk of patients receiving a lower standard of care and increased risk of diversion of medications. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: State. Agency Contact: Dr. Neeraj Gandotra, Chief Medical Officer, Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, 5600 Fishers Lane, 18E67, Rockville, MD 20857, Phone: 202 823–1816, Email: neeraj.gandotra@ samhsa.hhs.gov. RIN: 0930–AA39 HHS—CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) Final Rule Stage 57. Control of Communicable Diseases; Foreign Quarantine [0920–AA75] Priority: Other Significant. Legal Authority: 42 U.S.C. 264; 42 U.S.C. 265 CFR Citation: 42 CFR 71. Legal Deadline: None. Abstract: This rulemaking amends current regulation to enable CDC to require airlines to collect and provide to CDC certain data elements regarding passengers and crew arriving from foreign countries under certain circumstances. Statement of Need: In order to control the introduction, transmission, and spread of communicable diseases such as COVID–19 into the United States, the PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 11029 collection of traveler contact information helps ensure that CDC and state and local health authorities are able to identify and locate persons arriving in, or transiting through, the United States from a foreign country who may have been exposed to a communicable disease abroad. Summary of Legal Basis: The Public Health Service Act (42 U.S.C. 264 and 268) authorizes the Secretary of the Department of Health and Human Services to make and enforce regulations necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the United States, or from one State or possession into any other State or possession. Regulations that implement federal quarantine authority are currently promulgated in 42 CFR parts 70 and 71. CDC’s authority for collecting these data fields is contained in 42 CFR 71.4. Alternatives: The transmission of disease, as seen during the COVID–19 pandemic, has the potential to lead to thousands or millions of deaths in addition to the significant healthcare and economic costs. Follow-up with passengers arriving from foreign countries who may be infectious or exposed to a communicable disease is critical. The alternative to collecting traveler contact information before their flight is to collect the information from airlines following the passenger’s flight. When this was done in the past, some airlines took several days to respond to a single request if the information was available. In addition, there is significant time and labor required for CDC to obtain additional information from federal databases and process the received information into a format suitable for distribution to state and local health authorities in the United States. As a result, obtaining contact information after a flight, assuming that information is available, can lead to a delay of several days before health authorities can start contacting potentially exposed travelers. This time delay allows for travelers to be lost to follow-up or become symptomatic or infectious. The time required and costs incurred under this alternative increase exponentially with multiple post-flight manifest requests to airlines. Anticipated Cost and Benefits: The annual, ongoing costs to collect traveler contact information, in the form of airline and travel agency staff time and passenger time, are estimated to be approximately $285 million. This does not include the initial costs for updating IT systems and employee training, which have already been incurred. The costs to the government are minimal, as E:\FR\FM\22FEP2.SGM 22FEP2 11030 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda the vast majority of passenger information that is being collected is transmitted to the government via established data systems that are already in use for other purposes. The benefits to this rulemaking include rapid follow-up by public health authorities with passengers who may be infectious or exposed to a communicable disease, resulting in less spread and transmission of disease into and throughout the United States, helping to prevent public health and economic costs. The availability of passenger contact data may be used by public health authorities to slow the introduction and transmission of novel infectious diseases, including new variants of the SARS–CoV–2 virus, which causes COVID–19 disease. Risks: The risk to not collecting this information is that CDC would have to revert back to previous ways of obtaining this information for public health follow up. Some of those methods were time intensive and resulted in delays in follow up. The risk, although minimal, in collecting this information is that airlines and international passengers often do not want to comply (or may not want to comply) with the requirement. To date, however, CDC has found instances of noncompliance have been very limited. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 Interim Final Rule Effective. Interim Final Rule Interim Final Rule Comment Period End. Final Action ......... FR Cite 02/07/20 02/12/20 03/13/20 85 FR 7874 11/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Agency Contact: Ashley C. Altenburger JD, Public Health Analyst, Department of Health and Human Services, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS: H 16–4, Atlanta, GA 30307, Phone: 800 232–4636, Email: dgmqpolicyoffice@cdc.gov. RIN: 0920–AA75 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 cancer to the List. This action will promote equity for Program members 58. World Trade Center Health Program; Addition of Uterine Cancer to who are found to have WTC-related uterine cancer. the List of WTC-Related Health Summary of Legal Basis: Title I of the Conditions [0920–AA81] James Zadroga 9/11 Health and Priority: Other Significant. Compensation Act of 2010 amended the Legal Authority: Pub. L. 111–347; Pub. Public Health Service (PHS) Act to L. 114–113 establish the WTC Health Program CFR Citation: 42 CFR 88.15. within HHS. See 42 U.S.C. 300mm to Legal Deadline: NPRM, Statutory, 300mm61. The WTC Health Program February 28, 2022. provides medical monitoring and Authorizing statute requires treatment benefits to eligible responders publication of a rulemaking in the to the September 11, 2001, terrorist Federal Register not later than 90 days attacks in New York City, at the after receipt of advisory committee Pentagon, and in Shanksville, recommendation. Pennsylvania (responders), and eligible Abstract: With this rulemaking, HHS/ survivors in the New York City disaster CDC proposes to add uterine cancer to area (survivors). Treatment is available the List of WTC-Related Health under the Program for specified health Conditions. conditions included on the List. Section Statement of Need: Uterine cancer is 3312(a)(6) of the PHS Act requires the the only type of cancer not included on Administrator of the WTC Health the List of WTC-Related Health Program to conduct rulemaking to Conditions (List) eligible for coverage by propose the addition of a health the WTC Health Program. Following condition to the List codified in 42 CFR requests from WTC responders and 88.15. survivors, as well as a letter from five Alternatives: If the WTC Health WTC Health Program Clinical Centers of Program did not add uterine cancer to Excellence requesting the addition of the List of WTC-Related Health uterine cancer to the List, the Program Conditions, current and future WTC reviewed the available scientific Health Program members who have or evidence of an association between develop uterine cancer likely related to uterine cancer and 9/11 exposures in 9/11 exposures will not be eligible to accordance with the WTC Health receive treatment services from the Program’s Policy and Procedures for Program. Adding Cancers to the List of WTCAnticipated Cost and Benefits: This Related Health Conditions. The final rulemaking is estimated to cost the disproportionately low representation of WTC Health Program between women in the most studied cohorts of $1,718,691 and $3,617,447 per annum exposed responders makes it unlikely for 2022–2025. Due to the that a definitive association between implementation of provisions of the toxic exposure arising from the Patient Protection and Affordable Care September 11, 2001, terrorist attacks Act and as required under the and the occurrence of uterine cancer authorizing statute for the WTC Health will be identified during the lifetimes of Program, all of the members and future most WTC Health Program members. members are assumed to have or have The Administrator of the WTC Health access to medical insurance coverage Program exercised discretion to seek a other than through the WTC Health recommendation from the Program’s Program. Therefore, all treatment costs Scientific/Technical Advisory to be paid by the WTC Health Program Committee (STAC) and asked the STAC are considered transfer payments. This to review the available scientific final rulemaking will not impose costs evidence concerning potential on Program members or any other associations between 9/11 exposures interested party. and uterine cancer. During public WTC Health Program members with meetings, the STAC considered public certified WTC-related uterine cancer are comments and deliberated on whether expected to experience better treatment there is a reasonable basis to outcomes with Program physicians as recommend the addition of uterine compared to receiving care outside of cancer to the List, ultimately providing the Program. Members may experience the Administrator with its higher survival rates compared with recommendation and rationale for the those not enrolled and have improved addition. Based on the STAC’s access to timely care, which is recommendation and the Program’s associated with improved treatment evaluation of the available scientific outcomes. Risks: The WTC Health Program may literature, the Administrator determined be perceived as a policy decision as a that there is a sufficient evidentiary result of this rulemaking because the basis to propose the addition of uterine HHS—CDC PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda science informing proposed additions to the List is limited by incomplete information on 9/11 exposures, health outcomes, and the relationships they share. For example, the exposures experienced by the responders and survivors on and after September 11, 2001 were not measured and can only be estimated. Also, there are relatively few women in the 9/11-exposed populations; therefore, studies lack the statistical power needed to observe a causal association among women with a high degree of certainty. Given incomplete information, some may argue against the sufficiency of the science supporting the addition of uterine cancer to the List. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 05/10/22 06/24/22 FR Cite 87 FR 27961 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Federal. Agency Contact: Rachel Weiss, Public Health Analyst, Department of Health and Human Services, Centers for Disease Control and Prevention, 1090 Tusculum Avenue, MS C–46, Cincinnati, OH 45226, Phone: 404 498– 2500, Email: nioshregs@cdc.gov. RIN: 0920–AA81 HHS—FOOD AND DRUG ADMINISTRATION (FDA) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 59. Biologics Regulation Modernization [0910–AI14] Priority: Other Significant. Legal Authority: 42 U.S.C. 262; 21 U.S.C. 301, et seq. CFR Citation: 21 CFR 601. Legal Deadline: None. Abstract: FDA’s biologics regulations will be updated to clarify existing requirements and procedures related to Biologic License Applications and to promote the goals associated with FDA’s implementation of the abbreviated licensure pathway created by the Biologics Price Competition and Innovation Act of 2009. Statement of Need: As biologics regulations were primarily drafted in the 1970s, before passage of the BPCI Act, the regulations need to be updated and modernized to account for the existence of biosimilar and interchangeable biological products. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 The intent of this rulemaking is to make high priority updates to FDA’s biologics regulations with the goals of (1) providing enhanced clarity and regulatory certainty for manufacturers of both originator and biosimilar/ interchangeable products and (2) helping prevent the gaming of FDA regulatory requirements to prevent or delay competition from biosimilars and interchangeable products. Summary of Legal Basis: FDA’s authority for this rule derives from the biological product provisions in section 351 of the PHS Act (42 U.S.C. 262), and the provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 301, et seq.) applicable to biological products. Alternatives: FDA would continue to rely on guidance and one-on-one communications with sponsors through formal meetings and correspondence to provide clarity on existing requirements and procedures related to Biologic License Applications, increasing the risk of potential confusion and burden. Anticipated Cost and Benefits: This proposed rule would impose compliance costs on affected entities to read and understand the rule and to provide certain information relevant to the regulation. The provisions in this proposed rule would reduce regulatory uncertainty for manufacturers of originator and biosimilar and interchangeable products. This reduction of uncertainty may lead to time-savings to industry and costsavings to government due to better organized and more complete BLAs and increased procedural clarity and predictability. Risks: None. Timetable: Action Date NPRM .................. FR Cite 10/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. Federalism: Undetermined. Agency Contact: Sandra Benton, Senior Policy Coordinator, Department of Health and Human Services, Food and Drug Administration, 10903 New Hampshire Avenue, Building 22, Room 1132, Silver Spring, MD 20993, Phone: 301 796–1042, Email: sandra.benton@ fda.hhs.gov. RIN: 0910–AI14 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 11031 HHS—FDA 60. Certifications Concerning Imported Foods [0910–AI66] Priority: Other Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 21 U.S.C. 381; 21 U.S.C. 371(b); 42 U.S.C. 243; 42 U.S.C. 264; 42 U.S.C. 271; . . . CFR Citation: 21 CFR 1, Subpart F. Legal Deadline: None. Abstract: This regulation, if finalized, will help prevent potentially harmful imported foods from reaching consumers and thereby improve the safety of the U.S. food supply by allowing the agency to require, as a condition of importation of food with known safety risk, a certification or such other assurances as the Agency determines appropriate, that imported food complies with U.S food safety requirements. Statement of Need: Imported food is increasingly implicated in U.S. foodborne illness outbreaks. These illnesses emphasize the importance of ensuring imported food meets applicable requirements of the Act. Historically, FDA has relied on its staff to detect safety problems with imported food by intercepting and examining food products when they are offered for import into the United States or by performing inspections of foreign facilities that produce food for export to the United States. This rule, if finalized, would establish requirements for implementing import certification as a condition of granting admission to an article of food imported into the United States, pursuant to section 801(q) of the FD&C Act. We anticipate that this regulation, if finalized, will help prevent potentially harmful imported foods from reaching consumers and thereby improve the safety of the U.S. food supply. Summary of Legal Basis: Section 303 of FSMA, Authority to Require Import Certifications for Food, amended section 801 of the FD&C Act (21 U.S.C. 381) to create a new subsection (q) entitled, Certifications Concerning Imported Foods. Section 801(q) gives FDA authority to require import certification based on the risk of the food. FDA also derives authority for these proposed requirements from section 701(b) of the FD&C Act (21 U.S.C. 371(b)), which authorizes the Secretaries of Treasury and Health and Human Services to jointly prescribe regulations for the efficient enforcement of section 801 of the FD&C Act. Additionally, sections 311, 361, and 368 of the Public Health Service Act (PHS Act) (42 U.S.C. 243, 264, and 271, respectively), which relate E:\FR\FM\22FEP2.SGM 22FEP2 11032 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda to communicable disease, provide FDA with authority to make and enforce such regulations as in FDA’s judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession (see section 361(a) of the PHS Act) (42 U.S.C. 264(a)). Alternatives: None. Anticipated Cost and Benefits: The primary estimate for annualized costs is $74.3 million, including costs from third-party audits, foreign government inspections, and foreign government certification associated with complying with an import certification requirement. The primary estimate for annualized benefits is $109.7 million, including food safety benefits to consumers, cost savings from reduced transit and storage time, and cost savings from reduced food testing. Risks: During 1996–2014, 195 outbreaks with 10,685 associated illnesses were reported where the implicated food was imported into the U.S., representing an increasing percentage of reported outbreaks during that timeframe. These illnesses underscore the importance of ensuring imported food meets applicable requirements of the FD&C Act. This rule, if finalized, would implement a risk-based approach to requiring import certification for food as a condition of admissibility. FDA would obtain assurances that imported food meets applicable requirements of the FD&C Act and implementing regulations before the food is offered for import into the U.S. This rule is intended to protect public health by strengthening FDA’s import oversight activities for foods and preventing unsafe foods from reaching domestic markets. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 NPRM .................. FR Cite 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: Undetermined. International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Agency Contact: Peter Fox, Regulatory Counsel, Department of Health and Human Services, Food and Drug Administration, 12420 Parklawn Drive, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 ELEM, RM 41416, Rockville, MD 20857, Phone: 240 402–1857, Email: peter.fox@ fda.hhs.gov. RIN: 0910–AI66 HHS—FDA 61. Use of Salt Substitutes To Reduce the Sodium Content in Standardized Foods [0910–AI72] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 336; 21 U.S.C. 346; 21 U.S.C. 343; 21 U.S.C. 348; 21 U.S.C. 371; 21 U.S.C. 379e CFR Citation: 21 CFR 130; 21 CFR 131; 21 CFR 133; 21 CFR 136; 21 CFR 155; . . . Legal Deadline: None. Abstract: The Food and Drug Administration (FDA) is proposing to amend its regulations to permit the use of salt substitutes in standardized foods in which salt (sodium chloride) is a required or optional ingredient. The proposed rule, if finalized, would support industry efforts to reduce sodium content in standardized foods and improve dietary patterns by helping to reduce consumer sodium consumption. Statement of Need: FDA seeks to improve dietary patterns in the United States to help reduce the burden of dietrelated chronic diseases and advance health equity. We are committed to accomplishing this by, in part, creating a healthier food supply for all. One way FDA is working towards this goal is by helping to reduce sodium across the food supply. FDA is proposing to amend 80 standards of identity (SOI) that include salt as a required or optional ingredient to allow the use of salt substitutes. Salt substitutes are ingredients that can help to reduce sodium in the food supply. FDA is proposing to permit the use of salt substitutes to reduce the sodium content in standardized foods. Most SOI regulations that include salt as a required or optional ingredient do not allow the use of salt substitutes. Therefore, food manufacturers are currently precluded from using salt substitutes in the production of these standardized foods. The proposed rule does not identify specific salt substitutes, but rather, proposes a broad definition to provide flexibility and facilitate industry innovation. The proposed rule would permit the use of salt substitutes across 80 SOI that require salt as an ingredient or provide for salt as an optional ingredient. In PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 addition, the proposed rule would update the incorporation by reference (IBR) information of several SOI to refer to the most recent versions of the IBR materials and to provide up-to-date contact information for obtaining the IBR materials. The proposed rule would also make technical amendments to correct typographical errors in some SOI regulations. Summary of Legal Basis: FDA is issuing this proposed rule under sections 201, 401, 402, 409, and 701 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 321, 341, 342, 348, 371). These sections authorize FDA to issue regulations establishing a reasonable definition and standard of identity to promote honesty and fair dealing in the interest of consumers; define food additives, provide authorizations and exemptions from regulation as a food additive, and allow the agency to issue regulations for the efficient enforcement of the FD&C Act. Alternatives: The rule is a voluntary or permitting rule with no regulatory costs. Therefore, we did not consider alternatives designed to reduce the regulatory impact. Anticipated Cost and Benefits: Voluntary or permitting rules generate potential for social benefits that depend on voluntary behavior for their realization. Being voluntary, they do not generate regulatory costs. Net social costs are possible if the newly allowed voluntary behavior generates net social costs, in which case we should not have permitted that behavior. In this case, we can identify only a potential social benefit. However, the size of any actually occurring benefit is unknown. Because we cannot rule out economic significance, we set the primary estimated annualized benefits at the minimum that would make the rule economically significant, which is $165 M. That social benefit is calculated net of the cost of the voluntary activity that generates those benefits. We set the uncertainty range to give that figure as the mean, so it runs from $0 to $330 M. Risks: There are no known risks. Timetable: Action NPRM .................. Date FR Cite 03/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. Agency Contact: Jeanmaire Hryshko, Lead Consumer Safety Officer, Department of Health and Human Services, Food and Drug Administration, Center for Food Safety and Applied Nutrition, 5001 Campus E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Drive, HFS–265, College Park, MD 20740, Phone: 240 402–2371, Email: jeanmaire.hryshko@fda.hhs.gov. RIN: 0910–AI72 HHS—FDA lotter on DSK11XQN23PROD with PROPOSALS2 62. Tobacco Product Standard for Nicotine Level of Certain Tobacco Products [0910–AI76] Priority: Economically Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 21 U.S.C. 387g CFR Citation: 21 CFR 1160. Legal Deadline: None. Abstract: The proposed rule is a tobacco product standard that would establish a maximum nicotine level in cigarettes and certain other finished tobacco products. Statement of Need: Each year, 480,000 people die prematurely from a smokingattributed disease, making tobacco use the leading cause of preventable disease and death in the United States. Nearly all these adverse health effects are ultimately the result of addiction to the nicotine in combusted tobacco products, leading to repeated exposure to toxicants from those products. Nicotine is powerfully addictive. The U.S. Surgeon General has reported that 87 percent of adult smokers start smoking before age 18, and half of adult smokers become addicted before age 18. This proposed rule is a tobacco product standard that would establish a maximum nicotine level in cigarettes and certain other finished tobacco products. Because tobacco-related harms primarily result from addiction to products that repeatedly expose users to toxins, FDA would take this action to reduce addictiveness of certain tobacco products, thus giving addicted users a greater ability to quit. This product standard would also help to prevent experimenters (mainly youth) from initiating regular use, and, therefore, from becoming regular smokers. The proposed product standard is anticipated to benefit the population as a whole, while also advancing health equity by addressing disparities associated with cigarette smoking, dependence, and cessation. Summary of Legal Basis: Section 907 of the FD&C Act authorizes the adoption of tobacco product standards if the Secretary finds that a tobacco product standard is appropriate for the protection of public health, and includes authority related to provisions for nicotine yields in tobacco product standards. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Alternatives: In addition to the costs and benefits of the product standard as proposed, FDA plans to assess the costs and benefits of a different effective date for the rule and the impact of including additional tobacco products in the product standard. Anticipated Cost and Benefits: The anticipated benefits of the product standard include benefits from reduced death and disease resulting from decreased tobacco use among adult consumers, reduced death and disease from secondhand smoke, and reduced death and disease among youth who are deterred from initiating under the product standard. The qualitative benefits of the proposed rule include impacts such as reduced illness and increased productivity for smokers and nonsmokers, as well as reduced smoking-related fires, cigarette litter, and other environmental impacts. The proposed rule is expected to generate compliance costs on affected entities, such as one-time costs to read and understand the rule and alter manufacturing and importing practices; and costs to some consumers, such as search and temporary withdrawal costs. Risks: None. Timetable: Action Date NPRM .................. FR Cite 10/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, Local, State, Tribal. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Courtney Smith, Senior Regulatory Counsel, Department of Health and Human Services, Food and Drug Administration, Center for Tobacco Products, Document Control Center Building 71, Room G335, 10903 New Hampshire Avenue, Silver Spring, MD 20993, Phone: 877 287–1373, Fax: 877 287–1426, Email: ctpregulations@ fda.hhs.gov. RIN: 0910–AI76 HHS—FDA Final Rule Stage 63. Mammography Quality Standards Act [0910–AH04] Priority: Other Significant. Major under 5 U.S.C. 801. Legal Authority: 21 U.S.C. 360i; 21 U.S.C. 360nn; 21 U.S.C. 374(e); 42 U.S.C. 263b CFR Citation: 21 CFR 900. PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 11033 Legal Deadline: None. Abstract: FDA is amending its regulations governing mammography. The amendments will update the regulations issued under the Mammography Quality Standards Act of 1992 (MQSA) and the Federal Food, Drug, and Cosmetic Act (FD&C Act). FDA is taking this action to address changes in mammography technology and mammography processes that have occurred since the regulations were published in 1997 and to address breast density reporting to patient and healthcare providers. Statement of Need: FDA is updating the mammography regulations that were issued under the Mammography Quality Standards Act of 1992 (MQSA) and the FD&C Act. FDA is taking this action to address changes in mammography technology and mammography processes. FDA is also updating to modernize the regulations by incorporating current science and mammography best practices, including addressing breast density reporting to patients and healthcare providers. These updates are intended to improve the delivery of mammography services. Summary of Legal Basis: The MQSA (Pub. L. 102–539) is codified under the Public Health Service (PHS) Act (42 U.S.C. 263b; section 354 of the PHS Act). Under the MQSA, all mammography facilities, except facilities of the Department of Veterans Affairs, must be accredited by an approved accreditation body and certified by FDA (or an approved State certification agency) to provide mammography services (42 U.S.C. 263b(b)(1), (d)(1)(iv)). FDA is amending the mammography regulations (set forth in part 900 (21 CFR part 900)) under section 354 of the PHS Act (42 U.S.C. 263b), and sections of the FD&C Act (sections 519, 537, and 704(e); 21 U.S.C. 360i, 360nn, and 374(e)). Alternatives: The Agency will consider different options so that the health benefits to patients are maximized and the economic burdens to mammography facilities are minimized. Anticipated Cost and Benefits: The benefits and costs associated with this final rule include qualitative benefits related to reduced mortality, morbidity and breast cancer treatment costs resulting from the breast density reporting requirements. Additional benefits that we are not able to quantify include improvements in the accuracy of mammography by improving quality control and strengthening the medical audit, and effects on morbidity. Risks: None. E:\FR\FM\22FEP2.SGM 22FEP2 11034 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Rule ............ 03/28/19 06/26/19 FR Cite 84 FR 11669 12/00/22 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Laurie Sternberg, Regulatory Counsel, Department of Health and Human Services, Food and Drug Administration, 10903 New Hampshire Avenue, Building 66, Room 5517, Silver Spring, MD 20993, Phone: 240 402–0425, Email: laurie.sternberg@ fda.hhs.gov. RIN: 0910–AH04 HHS—FDA lotter on DSK11XQN23PROD with PROPOSALS2 64. Nonprescription Drug Product With an Additional Condition for Nonprescription Use [0910–AH62] Priority: Other Significant. Legal Authority: 21 U.S.C. 321; 21 U.S.C. 352; 21 U.S.C. 355; 21 U.S.C. 371; 42 U.S.C. 262; 42 U.S.C. 264; . . . CFR Citation: 21 CFR 201.67; 21 CFR 314.56; 21 CFR 314.81; 21 CFR 314.125; 21 CFR 314.127. Legal Deadline: None. Abstract: The final rule is intended to increase access to nonprescription drug products. The final rule would establish requirements for a drug product that could be marketed as a nonprescription drug product with an additional condition that an applicant must implement to ensure appropriate selfselection, appropriate actual use, or both by consumers. Statement of Need: Currently, nonprescription drug products are limited to drugs that can be labeled with sufficient information for consumers to appropriately self-select and use the drug product. For certain drug products, limitations of labeling present challenges for adequate communication of information needed for consumers to appropriately self-select or use the drug product without the supervision of a healthcare practitioner. FDA is finalizing regulations that would establish the requirements for a drug product that could be marketed as a nonprescription drug product with an additional condition that an applicant must implement to ensure appropriate self-selection, appropriate actual use or both by consumers. Summary of Legal Basis: FDA’s revisions to the regulations regarding VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 labeling and applications for nonprescription drug products labeling are authorized by the FD&C Act (21 U.S.C. 321 et seq.) and by the Public Health Service Act (42 U.S.C. 262 and 264). Alternatives: FDA evaluated various requirements for new drug applications to assess flexibility of nonprescription drug product design through drug labeling for appropriate self-selection and appropriate use. Anticipated Cost and Benefits: The benefits of the final rule would include increased consumer access to drug products and reduced access costs to these products as compared to their prescription alternatives. Benefits to industry would arise from the flexibility in drug product approval and the potential expansion of market revenue. Other benefits would include a reduction in repetitive meetings with industry and the Agency regarding this approval pathway. In addition, private and government-sponsored drug coverage plans may experience cost savings. Although applicants would incur the costs to develop and submit an application for a nonprescription drug with an ACNU, they would likely submit applications only when they expect that the profits from the approval would exceed the costs of the application. Lastly, we anticipate onetime costs of reading and understanding the rule that potential applicants would incur. Risks: None. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Rule ............ 06/28/22 10/26/22 FR Cite 87 FR 38313 10/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Chris Wheeler, Supervisory Project Manager, Department of Health and Human Services, Food and Drug Administration, 10903 New Hampshire Avenue, Building 51, Room 3330, Silver Spring, MD 20993, Phone: 301 796– 0151, Email: chris.wheeler@fda.hhs.gov. RIN: 0910–AH62 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 HHS—FDA 65. Tobacco Product Standard for Characterizing Flavors in Cigars [0910– AI28] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: This action may affect State, local or tribal governments and the private sector. Legal Authority: 21 U.S.C. 331; 21 U.S.C. 333; 21 U.S.C. 371(a); 21 U.S.C. 387b and 387c; 21 U.S.C. 387f(d) and 387g; . . . CFR Citation: 21 CFR 1166. Legal Deadline: None. Abstract: This rule is a tobacco product standard that would prohibit characterizing flavors (other than tobacco) in all cigars. We are taking this action with the intention of reducing the tobacco-related death and disease associated with cigar use. Evidence shows that flavored tobacco products appeal to youth and also shows that youth may be more likely to initiate tobacco use with such products. Characterizing flavors in cigars, such as strawberry, grape, orange, and cocoa, enhance taste and make these products easier to use. Over a half million youth in the United States use flavored cigars, placing these youth at risk for cigarrelated death and disease. Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), authorizes FDA to adopt tobacco product standards under section 907 if the Secretary finds that a tobacco product standard is appropriate for the protection of the public health. This product standard will prohibit characterizing flavors (other than tobacco) in all cigars. Characterizing flavors in cigars, such as strawberry, grape, cocoa, and fruit punch, increase appeal and make the cigars easier to use, particularly among youth and young adults. This product standard will reduce the appeal of cigars, particularly to youth and young adults, and thereby decrease the likelihood of experimentation, development of nicotine dependence, and progression to regular use. This product standard will improve public health by increasing the likelihood of cessation among existing cigar smokers; this product standard will also improve health outcomes within groups that experience disproportionate levels of tobacco use, including certain vulnerable populations. Summary of Legal Basis: Section 907 of the FD&C Act authorizes the adoption of tobacco product standards if the Secretary finds that a tobacco product E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda standard is appropriate for the protection of public health. Section 907 also authorizes FDA to include in a product standard a provision that restricts the sale and distribution of a tobacco product to the extent that it may be restricted by a regulation under section 906(d) of the FD&C Act. Section 906(d) of the FD&C Act authorizes the Secretary to issue regulations requiring restrictions on the sale and distribution of a tobacco product, including restrictions on the access to, and the advertising and promotion of, the tobacco product, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Section 701(a) of the FD&C Act authorizes the promulgation of regulations for the efficient enforcement of the FD&C Act. Alternatives: In addition to the costs and benefits of the product standard, FDA will assess the costs and benefits of, among other things, a different effective date for the rule, and including pipe tobacco in the product standard. Anticipated Cost and Benefits: The anticipated benefits of the product standard include those coming from reduced death and disease that are the result of cigar use among adult cigar smokers, reduced death and disease from secondhand smoke, and reduced death and disease among youth who are deterred from initiating under the product standard. Risks: None. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 ANPRM ............... ANPRM Comment Period End. NPRM .................. NPRM Comment Period Extended. NPRM Comment Period End. NPRM Comment Period Extended End. Final Rule ............ FR Cite 03/21/18 07/19/18 83 FR 12294 05/04/22 06/21/22 87 FR 26396 87 FR 36786 07/05/22 08/02/22 08/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Federal, Local, State, Tribal. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Nathan Mease, Regulatory Counsel, Department of Health and Human Services, Food and Drug Administration, 10903 New Hampshire Avenue, Center for Tobacco Products, Document Control Center, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Building 71, Room G335, Silver Spring, MD 20993, Phone: 877 287–1373, Email: ctpregulations@fda.hhs.gov. RIN: 0910–AI28 HHS—FDA 66. Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Relating to Agricultural Water [0910– AI49] Priority: Other Significant. Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 342; 21 U.S.C. 350h; 21 U.S.C. 371; 42 U.S.C. 243; 42 U.S.C. 264; 42 U.S.C. 271; . . . CFR Citation: 21 CFR 112. Legal Deadline: None. Abstract: This rulemaking would revise certain requirements for agricultural water in the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (produce safety) regulation for covered produce other than sprouts. Statement of Need: Agricultural water can be a major conduit of pathogens that can contaminate produce. Recent produce outbreaks potentially linked to agricultural water have emphasized the importance of ensuring that FDA’s agricultural water standards are workable across the diversity of domestic and foreign farms and account for the variety of factors that impact water sources and uses. FDA plans to amend its produce safety regulation to address concerns about the practical challenges of implementing certain agricultural water requirements, while protecting the public health. Summary of Legal Basis: FDA’s authority for issuing this rule is provided by sections 402, 419, and 701(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 342, 350h, and 371(a)) and sections 311, 361, and 368 of the Public Health Service Act (PHS Act) (42 U.S.C. 243, 264, and 271). Specifically, this rulemaking would amend certain agricultural water requirements in the produce safety regulation, codified at 21 CFR part 112, and issued under the following authorities: Section 419(c)(1)(A) of the FD&C Act (21 U.S.C. 350h(c)(1)(A)) authorizes FDA to establish sciencebased minimum standards for the safe production and harvesting of those types of fruits and vegetables that are raw agricultural commodities for which such standards minimize the risk of serious adverse health consequences or death. Section 419(c)(1)(B) of the FD&C PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 11035 Act (21 U.S.C. 350h(c)(1)(B)) further requires that these minimum standards provide sufficient flexibility to be practicable for all sizes and types of businesses. Section 402(a)(3) of the FD&C Act (21 U.S.C. 342(a)(3)) provides that a food is adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food. Section 402(a)(4) of the FD&C Act (21 U.S.C. 342(a)(4)) provides that a food is adulterated if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. Additionally, section 701(a) of the FD&C Act (21 U.S.C. 371(a)) grants the authority to promulgate regulations for the efficient enforcement of the FD&C Act. Sections 311, 361, and 368 of the PHS Act (21 U.S.C. 243, 264, and 271), provide authority for FDA to issue regulations to prevent the spread of communicable diseases from one State to another. Alternatives: None. Anticipated Cost and Benefits: FDA anticipates costs associated with complying with the proposed water risk assessment provisions for non-sprout covered produce. This final rule would generate unquantified benefits stemming from increasing flexibility and addressing practical implementation challenges associated with certain agricultural water provisions in the produce safety regulation and quantified benefits resulting from fewer illnesses caused by pre-harvest agricultural water. Risks: In a 2019 Report, the Interagency Food Safety Analytics Collaboration (IFSAC) estimated that produce commodities cause 65 percent of foodborne E. coli O157 illnesses and over 40 percent of foodborne Salmonella illnesses. Agricultural water can be a major conduit for produce contamination. This rule is intended to address the practical implementation challenges of certain agricultural water requirements, while protecting public health by setting forth standards to minimize the risk of serious adverse health consequences or death, including those reasonably necessary to prevent the introduction of known or reasonably foreseeable biological hazards into or onto produce, and provide reasonable assurances that the produce is not adulterated on account of those hazards. Timetable: Action NPRM .................. E:\FR\FM\22FEP2.SGM 22FEP2 Date 12/06/21 FR Cite 86 FR 69120 11036 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Action Date NPRM Comment Period End. Supplemental NPRM. Supplemental NPRM Comment Period End. Final Rule ............ FR Cite 04/05/22 07/19/22 87 FR 42973 09/19/22 10/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Agency Contact: Samir Assar, Supervisory Consumer Safety Officer, Department of Health and Human Services, Food and Drug Administration, Center for Food Safety and Applied Nutrition, Office of Food Safety, 5001 Campus Drive, College Park, MD 20740, Phone: 240 402–1636, Email: samir.assar@fda.hhs.gov. RIN: 0910–AI49 HHS—FDA lotter on DSK11XQN23PROD with PROPOSALS2 67. Tobacco Product Standard for Menthol in Cigarettes [0910–AI60] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: This action may affect State, local or tribal governments and the private sector. Legal Authority: 21 U.S.C. 387g; 21 U.S.C 371; 21 U.S.C 387f CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: This final rule is a tobacco product standard to prohibit the use of menthol as a characterizing flavor in cigarettes. Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), authorizes FDA to adopt tobacco product standards under section 907 if the Secretary finds that a tobacco product standard is appropriate for the protection of the public health. This product standard would prohibit menthol as a characterizing flavor in cigarettes. The standard would reduce the appeal of cigarettes, particularly to youth and young adults, and thereby decrease the likelihood that nonusers who would otherwise experiment with menthol cigarettes would progress to regular cigarette smoking. In addition, the tobacco product standard would improve the health and reduce the mortality risk of current menthol cigarette smokers by decreasing cigarette consumption and increasing the VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 likelihood among current menthol cigarette smokers, the tobacco product standard is likely to improve the health of current menthol cigarette smokers by decreasing consumption and increasing the likelihood of cessation. Summary of Legal Basis: Section 907 of the FD&C Act authorizes the adoption of tobacco product standards if the Secretary finds that a tobacco product standard is appropriate for the protection of public health. Alternatives: In addition to the costs and benefits of the rule, FDA will assess the costs and benefits of extending the effective date of the rule, creating a process by which some products may apply for an exemption or variance from the product standard, and prohibiting menthol as an intentional additive in cigarette products rather than prohibiting menthol as a characterizing flavor. Anticipated Cost and Benefits: The rule is expected to generate compliance costs on affected entities, such as onetime costs to read and understand the rule and alter manufacturing/importing practices. The quantified benefits of the rule stem from improved health and diminished exposure to tobacco smoke for users of cigarettes from decreased experimentation, progression to regular use, and consumption of menthol cigarettes. The qualitative benefits of the rule include impacts such as reduced illness for smokers and non-smokers. Risks: None. Timetable: Action Date ANPRM ............... ANPRM Comment Period End. NPRM .................. NPRM Comment Period Extended. NPRM Comment Period End. NPRM Comment Period Extended End. Final Rule ............ FR Cite 07/24/13 09/23/13 78 FR 44484 05/04/22 06/21/22 87 FR 26454 87 FR 36786 Frm 00072 HHS—CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) Proposed Rule Stage 68. Provider Nondiscrimination Requirements for Group Health Plans and Health Insurance Issuers in the Group and Individual Markets (CMS– 9910) [0938–AU64] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: Pub. L. 116–260, Division BB, title I; 42 U.S.C. 300gg–5(a) CFR Citation: Not Yet Determined. Legal Deadline: NPRM, Statutory, January 1, 2022, Statutory Deadline for Issuing a Proposed Rule. Abstract: This proposed rule would implement section 108 of the No Surprises Act. Statement of Need: Not yet determined. Summary of Legal Basis: The Department of Health and Human Services regulations are adopted pursuant to the authority contained in sections 2701 through 2763, 2791, 2792, 2794, 2799A–1 through 2799B–9 of the PHS Act (42 U.S.C. 300gg–63, 300gg–91, 300gg–92, 300gg–94, 300gg–139), as amended. Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: 07/05/22 Action 08/02/22 NPRM .................. 08/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Federal, Local, State, Tribal. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Beth Buckler, Senior Regulatory Counsel, Department of Health and Human Services, Food and Drug Administration, Center for Tobacco Products, 10903 New Hampshire Avenue, Document Control PO 00000 Center, Building 71, Room G335, Silver Spring, MD 20993, Phone: 877 287– 1373, Email: ctpregulations@ fda.hhs.gov. RIN: 0910–AI60 Fmt 4701 Sfmt 4702 Date FR Cite 05/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, State. Federalism: Undetermined. Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation Division, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Consumer Information and Insurance Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 492–4106, Email: lindsey.murtagh@cms.hhs.gov. RIN: 0938–AU64 E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda HHS—CMS 69. Short-Term Limited Duration Insurance; Update (CMS–9904) [0938– AU67] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: Pub. L. 111–148, title I CFR Citation: 45 CFR 144; 45 CFR 146; 45 CFR 148. Legal Deadline: None. Abstract: This rule would propose amendments to the definition of ‘shortterm, limited-duration insurance’ under section 2791(b)(5) of the Public Health Service Act. The rule’s proposals would be designed to ensure this type of coverage does not undermine the Affordable Care Act, including its protections for people with pre-existing conditions, the Health Insurance Exchanges, or the individual, small group, or large group markets for health insurance in the United States. Statement of Need: Not yet determined. Summary of Legal Basis: The Department of Health and Human Services regulations are adopted pursuant to the authority contained in sections 2701 through 2763, 2791, 2792, 2794, 2799A–1 through 2799B–9 of the PHS Act (42 U.S.C. 300gg–300gg–63, 300gg–91, 300gg–92, 300gg–94, 300gg– 300gg–139), as amended. Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: Action Date NPRM .................. FR Cite 04/00/23 lotter on DSK11XQN23PROD with PROPOSALS2 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal. Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation Division, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Consumer Information and Insurance Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 492–4106, Email: lindsey.murtagh@cms.hhs.gov. RIN: 0938–AU67 HHS—CMS 70. Assuring Access to Medicaid Services (CMS–2442) [0938–AU68] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Legal Authority: 42 U.S.C. 1302 CFR Citation: 42 CFR 438; 42 CFR 447. Legal Deadline: None. Abstract: This rule proposes to address elements related to assuring access in Medicaid and/or the Children’s Health Insurance Program (CHIP). These elements could include processes that support the implementation of a comprehensive access strategy as well as payment processes, such as those related to specific payment systems. Statement of Need: In order to assure equitable access to health care for all Medicaid and CHIP beneficiaries across all delivery systems, access regulations need to be multi-factorial and focus beyond payment rates. Barriers to accessing health care services can be as heterogeneous as Medicaid and CHIP populations which can be measured through provider availability and provider accessibility to realized or perceived access barriers which can be measured through utilization and satisfaction with services. CMS is developing a comprehensive access strategy that will address not only FeeFor-Service (FFS) payment, but also access in managed care and Home and Community-Based Services (HCBS). Summary of Legal Basis: There are no broad access requirements specified in the statute beyond payment: section 1902(a)(30)(A) of the Act requires states to ‘‘assure that payments are consistent with efficiency, economy, and quality of care and are sufficient to enlist enough providers so that care and services are available under the plan at least to the extent that such care and services are available to the general population in the geographic area.’’ Alternatives: In developing the policies contained in this rule, we will consider numerous alternatives to the presented proposals, including maintaining existing requirements. These alternatives will be described in the rule. Anticipated Cost and Benefits: This proposed rule would be expected to result in potential costs for states to come into and remain in compliance. Estimates for associated costs are unknown at this time and may vary by state. Information about anticipated costs will be included in the proposed rule. Risks: Risks of the proposals in this rule are still under development and will be included in the published rule for comment. Timetable: PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 Action NPRM .................. Date 11037 FR Cite 04/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: State. Federalism: Undetermined. Agency Contact: Karen Llanos, Director, Medicaid Innovation Accelerator Program and Strategy Support, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Medicaid and CHIP Services, MS: S2–04–28, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786–9071, Email: karen.llanos@cms.hhs.gov. RIN: 0938–AU68 HHS—CMS 71. Transitional Coverage for Emerging Technologies (CMS–3421) [0938–AU86] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 42 U.S.C. 263a; 42 U.S.C. 405(a); 42 U.S.C. 1302; 42 U.S.C. 1320b–12; . . . CFR Citation: 42 CFR 405. Legal Deadline: None. Abstract: This proposed rule would establish the criteria for an expedited coverage pathway to provide Medicare beneficiaries with faster access to innovative and beneficial technologies. This pathway would build off of prior initiatives, including coverage with evidence development. The proposed rule will meet the following principles previously published by CMS: (1) Manufacturers may enter the process on a voluntary basis. This process will be limited to medical devices that fall within the Medicare statute and that are relevant to the Medicare population. (2) CMS may conduct early evidence review (before the device secures FDA marking authorization) and discuss with the manufacturer the best Medicare coverage pathway, depending upon the strength of the evidence collected. (3) At the manufacturer’s request, CMS may initiate the coverage process before FDA market authorization, which could require developing an additional evidence development plan and confirming that there are appropriate safeguards and protections for Medicare beneficiaries. (4) If CMS determines that further evidence development is the best coverage pathway, the agency would explore how to reduce the burden on manufactures, clinicians and patients E:\FR\FM\22FEP2.SGM 22FEP2 11038 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda while maintaining rigorous evidence requirements. Statement of Need: This rule is necessary to codify the Coverage with Evidence Development (CED) coverage pathway in regulation and aims to incresase predictability, transparency, and timeliness of Transitional Coverage for Emerging Technologies (TCET). Summary of Legal Basis: This rule would be proposed under the authority of sections 1862(a)(1)(A) and 1862(a)(1)(E) of the Social Security Act. Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: Action Date NPRM .................. FR Cite 04/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses, Governmental Jurisdictions. Government Levels Affected: Federal, State. Federalism: Undetermined. Agency Contact: Lori Ashby, Senior Technical Advisor, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Clinical Standards and Quality, MS: S3–02–01, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786– 6322, Email: lori.ashby@cms.hhs.gov. RIN: 0938–AU86 HHS—CMS lotter on DSK11XQN23PROD with PROPOSALS2 72. Interoperability and Prior Authorization for MA Organizations, Medicaid and CHIP Managed Care and State Agencies, FFE QHP Issuers, MIPS Eligible Clinicians, Eligible Hospitals and CAHs (CMS–0057) [0938–AU87] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 1395hh CFR Citation: 42 CFR 422; 42 CFR 431; 42 CFR 435; 42 CFR 438; . . . Legal Deadline: None. Abstract: This proposed rule would place new requirements on Medicare Advantage (MA) organizations, Medicaid managed care plans, Children’s Health Insurance Program (CHIP) managed care entities, state Medicaid and CHIP fee-for-service (FFS) programs, and Qualified Health Plan (QHP) issuers on the Federallyfacilitated Exchanges (FFEs) to improve the electronic exchange of health care data and streamline processes related to prior authorization, while continuing CMS’ drive toward interoperability, and VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 reducing burden in the health care market. This proposed rule would also add a new measure for eligible hospitals and critical access hospitals under the Medicare Promoting Interoperability Program and for Merit-based Incentive Payment System (MIPS) eligible clinicians under the Promoting Interoperability performance category of MIPS. These policies taken together would play a key role in reducing overall payer and provider burden and improving patient access to health information. Statement of Need: The proposed changes further support CMS’ efforts to improve the electronic exchange of healthcare data and streamline processes related to prior authorization, while continuing CMS’ drive toward interoperability in the healthcare market. The proposals in this rule build on the foundation we laid out in the CMS Interoperability and Patient Access final rule to move the healthcare system toward increased interoperability and reduced burden by proposing to enhance the data sharing capabilities of impacted payers and providers through the use of innovative technologies. The proposals also empower patients by making health-related data more easily available through standards-based technology. Summary of Legal Basis: This rule addresses multiple sections of the Social Security Act, as well as Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Alternatives: We carefully considered alternatives to the policies we are proposing in this rule and concluded that none of the alternatives would adequately or immediately begin to address the critical issues related to patient access to health information and interoperability or help to address the processes that contribute to payer, provider, and patient burden. Alternatives considered will be included in the proposed rule. Anticipated Cost and Benefits: We believe that the proposed policies, if finalized, would result in some financial burdens for impacted payers and providers. We have weighed these potential burdens against the potential benefits, and believe the potential benefits outweigh any potential costs. We anticipate the long-term savings to be significant. As we move toward publication, estimates of costs and benefits will be included in the proposed rule. Risks: Risks of the proposals in this rule are still under development and will be included in the published rule for comment. PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 Timetable: Action NPRM .................. Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, State. Agency Contact: Alexandra Mugge, Director & Deputy Chief Health Informatics Officer, Health Informatics and Interoperability Group, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Office of Burden Reduction and Health Informatics, MS: C5–02–00, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786–4457, Email: alexandra.mugge@cms.hhs.gov. RIN: 0938–AU87 HHS—CMS 73. Medicare and Medicaid Program Integrity (CMS–6084) [0938–AU90] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh CFR Citation: 42 CFR 400; 42 CFR 402; 42 CFR 405; 42 CFR 406; . . . Legal Deadline: None. Abstract: This proposed rule includes provisions that would promote payment accuracy and efficiency and help CMS identify and deter fraud, waste, and abuse in a timely, effective manner, enabling the Agency to protect the Medicare and Medicaid programs and the Children’s Health Insurance Program (CHIP). This rule would implement portions of section 6101(a) of the Patient Protection and Affordable Care Act (Affordable Care Act), which require the disclosure of certain ownership, managerial, and other information regarding Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities. Statement of Need: This rule is necessary to strengthen CMS’s program integrity efforts across Medicare, Medicaid, and the CHIP and increase transparency and accountability. Summary of Legal Basis: The proposals included in this rule will address several sections of title XVIII of the Social Security Act. Alternatives: Alternatives considered will be described in the rule. Anticipated Cost and Benefits: As many of the provisions to be included in this rule are still under development, it is not possible at this time to provide cost and benefit estimates. As it is E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda developed further, such estimates will be included in the proposed rule. Risks: The proposed provisions included in this rule would address a number of program integrity vulnerabilities. Risks of the proposals are still under development and will be included in the rule. Timetable: Action Date NPRM .................. FR Cite 01/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, State. Federalism: Undetermined. Agency Contact: John Spiegel, Senior Advisor, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Program Integrity, MS: AR–19–15, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786–1909, Email: john.spiegel@cms.hhs.gov. RIN: 0938–AU90 lotter on DSK11XQN23PROD with PROPOSALS2 HHS—CMS 74. Culturally Competent and PersonCentered Requirements To Increase Access to Care and Improve Quality for All (CMS–3418) [0938–AU91] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 42 U.S.C. 1821; 42 U.S.C 1832(a)(2)(F)(I); 42 U.S.C. 1861(dd)(1); 42 U.S.C. 1905(a) CFR Citation: 42 CFR 403; 42 CFR 416; 42 CFR 418; 42 CFR 441; . . . Legal Deadline: None. Abstract: The proposed rule would establish culturally competent and person-centered requirements for all provider and supplier types that participate in Medicare and Medicaid programs. These requirements revise the Conditions of Participations/Conditions for Coverage (CoPss/CfCs) pertaining to governance, patient/resident/client rights (such as nondiscrimination and accessibility), clinical quality standards, quality assessment and performance improvement, staff training, discharge planning, and care planning in an effort to increase quality and improve access to health care. These proposals also include additional requirements for transplant programs, organ procurement organizations, and end-stage renal disease facilities that would advance equity and reduce disparities in organ transplantation and organ donation. Statement of Need: This rule would advance health equity, increase access VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 to care, improve quality of care, and reduce health disparities for all individuals. The proposals are in accordance with Executive Orders 13985, 13988, 13995, and 14301 on Advancing Racial Equity and Support for Underserved Communities through the Federal Government, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, Ensuring an Equitable Pandemic Response and Recovery, and on Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders, respectively. Despite the existence of Federal civil rights laws, disparities in care still persist. Revising the CoPs/CfCs by adding culturally competent and person-centered requirements will incentivize providers to address disparities that exist within their facilities by requiring specific actions or face a noncompliance determination that may affect their participation status in the Medicare and Medicaid programs. Discrimination, or even the fear of discriminatory behavior by healthcare providers, negatively impacts a patient’s health and safety and health outcomes, and presents barriers to accessing quality health care. The establishment of culturally competent and personcentered requirements are a necessary step to protect an individual’s health and safety. The provisions of this rule would help ensure that everyone has a fair and just opportunity to attain their optimal health regardless of race, ethnicity, disability, sexual orientation, gender identity, socioeconomic status, geography, preferred language, or other factors that affect access to care and health outcomes. Further, culturally competent and person-centered focused health and safety requirements could lead to improved access to care, improved quality of care, and better health outcomes for all. Summary of Legal Basis: The statutory authority to revise the health and safety standards for Medicare and Medicaid participating providers and suppliers is contained within Section 1102 (42 U.S.C. 1302) of the Social Security Act. In addition, this rule revises the health and safety regulations to advance health equity and reduce disparities for all individuals in accordance with Executive Orders 13985, 13988, 13995, and 14301 on Advancing Racial Equity and Support for Underserved Communities through the Federal Government, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, Ensuring an Equitable Pandemic Response and Recovery, and on Advancing Equity, PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 11039 Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders, respectively. Alternatives: In developing the policies contained in this rule, we considered numerous alternatives to the presented proposal. These alternatives will be included in the proposed rule. Anticipated Cost and Benefits: The provisions in this rule aim to advance health equity, increase access to care, improve quality of care, and reduce health disparities for all individuals. This regulation will ultimately remove barriers to access health care, ensure that all individuals have equitable care, and improve quality of care for all. As we move toward publication, estimates of the cost and benefits of these provisions will be included in the rule. Risks: This action furthers the goals of the Executive Orders on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (E.O. 13985), Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (E.O. 13988), Executive Order on Ensuring an Equitable Pandemic Response and Recovery (E.O. 13995), and Executive Order on Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders (E.O. 14301). While there may be some risks associated with an increased burden on providers as a result of these regulations, we believe benefits related to addressing the challenges that historically underserved populations (those that have been subject to racism, discrimination, or systemic disadvantage) face when accessing and receiving care from a health care organization, would far outweigh any risks. Timetable: Action NPRM .................. Date FR Cite 03/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal, State. Agency Contact: Alpha-Banu Wilson, Health Insurance Specialist, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Clinical Standards and Quality, MS: S3–02–01, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786–8687, Email: alphabanu.wilson@cms.hhs.gov. RIN: 0938–AU91 E:\FR\FM\22FEP2.SGM 22FEP2 11040 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda HHS—CMS 75. Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021 (CMS–9902) [0938–AU93] Priority: Other Significant. Legal Authority: Pub. L. 116–260, Division BB, title II; Pub. L. 110–343, secs. 511 to 512 CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: This rule would propose amendments to the final rules implementing the Mental Health Parity and Addiction Equity Act. The amendments would clarify plans’ and issuers’ obligations under the law, promote compliance with MHPAEA, and update requirements taking into account experience with MHPAEA in the years since the rules were finalized as well as amendments to the law recently enacted as part of the Consolidated Appropriations Act, 2021. Statement of Need: There have been a number of legislative enactments related to MHPAEA since issuance of the 2014 final rules, including the 21st Century Cures Act, the Support Act, and the Consolidated Appropriations Act, 2021. This rule would propose amendments to the final rules and incorporate examples and modifications to account for this legislation and previously issued guidance. Summary of Legal Basis: The Department of Health and Human Services regulations are adopted pursuant to the authority contained in sections 2701 through 2763, 2791, 2792, 2794, 2799A–1 through 2799B–9 of the PHS Act (42 U.S.C. 300gg–63, 300gg–91, 300gg–92, 300gg–94, 300gg–139), as amended. Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, State. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation Division, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Consumer Information and Insurance Oversight, 7500 Security Boulevard, Baltimore, MD VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 21244, Phone: 301 492–4106, Email: lindsey.murtagh@cms.hhs.gov. RIN: 0938–AU93 HHS—CMS 76. Coverage of Certain Preventive Services Under the Affordable Care Act (CMS–9903) [0938–AU94] Priority: Other Significant. Legal Authority: Pub. L. 111–148, sec. 1001 CFR Citation: 45 CFR 147; 45 CFR 156. Legal Deadline: None. Abstract: This rule would propose amendments to the final rules regarding religious and moral exemptions and accommodations regarding coverage of certain preventive services under title I of the Patient Protection and Affordable Care Act. Statement of Need: Not yet determined. Summary of Legal Basis: The Department of Health and Human Services regulations are adopted pursuant to the authority contained in sections 2701 through 2763, 2791, 2792, 2794, 2799A–1 through 2799B–9 of the PHS Act (42 U.S.C. 300gg–63, 300gg–91, 300gg–92, 300gg–94, 300gg–139), as amended. Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal, Local, State. Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation Division, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Consumer Information and Insurance Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 492–4106, Email: lindsey.murtagh@cms.hhs.gov. RIN: 0938–AU94 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 HHS—CMS 77. Contract Year 2024 Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, Medicare Cost Plan Programs, Medicare Overpayment Provisions of the Affordable Care Act, and PACE (CMS– 4201) [0938–AU96] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: Pub. L. 115–271 CFR Citation: 42 CFR 422; 42 CFR 423. Legal Deadline: None. Abstract: This proposed rule would implement changes to strengthen and improve the Medicare Advantage (Part C) and prescription drug (Part D) programs. It also proposes changes to the Medicare Cost Plan Program, Medicare Parts A, B, C, and D Overpayment Provisions of the Affordable Care Act, and Programs of All-Inclusive Care (PACE). Statement of Need: This rule is necessary to make revisions to the Medicare Advantage (Part C), Medicare Prescription Drug Benefit (Part D), and PACE regulations to implement changes related to Star Ratings, medication therapy management, marketing and communications, health equity, provider directories, prior authorization, passive enrollment, network adequacy, identification of overpayments, formulary changes, and other programmatic areas. This proposed rule would also codify regulations implementing Section 118 of the Consolidated Appropriations Act of 2021 and includes a large number of provisions that would codify existing sub-regulatory guidance in the Part C, Part D, and PACE programs. This proposed rule would also amend the existing regulations for Medicare Parts A, B, C, and D regarding the standard for an identified overpayment. Summary of Legal Basis: This rule addresses multiple sections of the Social Security Act, the Bipartisan Budget Act of 2018, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act, and the Consolidated Appropriations Act of 2021. Alternatives: This rule implements provisions that require public notice and comment and are necessary for the upcoming contract year. We continue to explore alternatives as we develop the rule. Anticipated Cost and Benefits: As we move toward publication, estimates of costs and benefits will be included in the proposed rule. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Risks: Risks of the proposals in this rule are still under development and will be included in the published rule for comment. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. Agency Contact: Christian Bauer, Director, Division of Part D Policy, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Medicare, MS: C1–26–16, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786–6043, Email: christian.bauer@cms.hhs.gov. Related RIN: Related to 0938–AV01 RIN: 0938–AU96 lotter on DSK11XQN23PROD with PROPOSALS2 HHS—CMS 78. • FY 2024 Skilled Nursing Facility (SNFs) Prospective Payment System and Consolidated Billing and Updates to the Value-Based Purchasing and Quality Reporting Programs (CMS– 1779) [0938–AV02] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 42 U.S.C 1395hh; 42 U.S.C. 1302 CFR Citation: 42 CFR 413. Legal Deadline: Final, Statutory, October 1, 2023, By statute, rule must be effective by October 1 annually. Abstract: This annual proposed rule would update the payment rates used under the prospective payment system for SNFs for fiscal year 2024. The rule also includes proposals for the SNF Quality Reporting Program (QRP) and for the Skilled Nursing Facility ValueBased Purchasing (VBP) Program that will affect Medicare payment to SNFs. In addition, this rule also proposes to establish new minimum staffing requirements that facilities must meet to ensure safe and quality care. Statement of Need: This proposed rule would update the SNF prospective payment rates as required under the Social Security Act (the Act). The Act requires the Secretary to provide, before the August 1 that precedes the start of each FY, the unadjusted Federal per diem rates, the case-mix classification system, and the factors to be applied in making the area wage adjustment. Summary of Legal Basis: In accordance with sections 1888(e)(4)(E)(ii)(IV) and 1888(e)(5) of VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 the Act, the Federal rates in this proposed rule would reflect an update to the rates that we published in the SNF PPS final rule for FY 2023. These changes would be applicable to services furnished on or after October 1, 2023. Alternatives: None. This is a statutory requirement. Anticipated Cost and Benefits: Total expenditures will be adjusted for FY 2024. Risks: None. The rule is necessary for SNF services to be paid appropriately. Timetable: Action Date NPRM .................. FR Cite 04/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Tammy Luo, Health Insurance Specialist, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Medicare, MS: C5–06–17, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786–4325, Email: tammy.luo@cms.hhs.gov. RIN: 0938–AV02 HHS—CMS Final Rule Stage 79. Streamlining the Medicaid and CHIP Application, Eligibility Determination, Enrollment, and Renewal Processes (CMS–2421) [0938– AU00] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 1302 CFR Citation: 42 CFR 431; 42 CFR 435; 42 CFR 457. Legal Deadline: None. Abstract: This final rule streamlines eligibility and enrollment processes for all Medicaid and Children’s Health Insurance Program (CHIP) populations and creates new enrollment pathways to maximize enrollment and retention of eligible individuals. Statement of Need: Since the implementation of the Affordable Care Act (ACA), CMS has made improvements in streamlining the Medicaid and CHIP application, eligibility determination, enrollment, and renewal processes. Simplifying enrollment in Medicaid and CHIP coverage is a foundational step in efforts to address health disparities for lowincome individuals. However, gaps remain in States’ ability to seamlessly PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 11041 process beneficiaries’ eligibility and enrollment in order to maximize coverage. This rule will provide States with the tools they need to reduce unnecessary barriers to enrollment in Medicaid and CHIP and to keep eligible beneficiaries covered. Summary of Legal Basis: This rule responds to the January 28, 2021, Executive Order on Strengthening Medicaid and the Affordable Care Act. It addresses components of title XIX and title XXI of the Social Security Act and several sections of the Patient Protection and Affordable Care Act (Pub. L. 111– 148) and the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111– 152), which amended and revised several provisions of the Patient Protection and Affordable Care Act. Alternatives: In developing the policies contained in this rule, we considered numerous alternatives to the presented proposals, including maintaining existing requirements. These alternatives will be described in the rule. Anticipated Cost and Benefits: The provisions in this rule will streamline Medicaid and CHIP enrollment processes and ensure that eligible beneficiaries can maintain coverage. While states and the Federal Government may incur some initial costs to implement these changes, this rule aims to reduce administrative barriers to enrollment, which is expected to reduce administrative costs over time. The provisions in this rule are designed to increase access to affordable health coverage, and we believe that the benefits will justify any costs. Additionally, through clear and consistent requirements for the timely renewal of eligibility for all beneficiaries, this rule promotes program integrity, thereby protecting taxpayer funds at both the state and federal levels. As we move toward publication, estimates of the cost and benefits of these provisions will be included in the rule. Risks: We anticipate that the provisions of this rule will further the administration’s goal of strengthening Medicaid and making high-quality health care accessible and affordable for every American. At the same time, through clear and consistent requirements for conducting regular renewals of eligibility, acting on changes reported by beneficiaries and maintaining thorough recordkeeping on these activities, this rule will reduce the risk of improper payments. Timetable: E:\FR\FM\22FEP2.SGM 22FEP2 11042 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Action Date NPRM .................. NPRM Comment Period End. Final Action ......... 09/07/22 11/07/22 FR Cite 87 FR 54760 11/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Local, State. Agency Contact: Sarah Delone, Deputy Director, Children and Adults Health Programs Group, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Center for Medicaid and CHIP Services, MS: S2–01–16, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786– 5647, Email: sarah.delone2@ cms.hhs.gov. RIN: 0938–AU00 HHS—ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 80. Foster Care Legal Representation [0970–AC89] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: sec. 474(a)(3) of the Social Security Act; sec. 1102 of the Social Security Act CFR Citation: 45 CFR 1356.60(c). Legal Deadline: None. Abstract: This regulation proposes to allow a title IV–E agency to claim Federal financial participation for the administrative cost of providing independent legal representation to a child who is either a candidate for foster care or in foster care, and his/her parent to prepare for and participate in judicial determinations in foster care and other related civil legal proceedings. Statement of Need: Allowing title IV– E agencies to claim Federal reimbursement for independent legal representation in legal proceedings that are necessary to carry out the requirements in the agency’s title IV–E plan, including civil proceedings, may help prevent the need to remove a child from the home or, for a child in foster care, achieve permanency faster. Research demonstrates that some of the circumstances bringing families into contact with the child welfare system (poverty, educational neglect, inadequate housing, failure to provide adequate nutrition, and failure to safeguard mental health due to domestic violence) can be addressed before a child enters foster care by providing legal representation early in foster care legal proceedings and in civil legal VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 matters. When children are removed from the home, studies show having access to legal representation for civil legal issues earlier in a case can improve the rate of reunification, nearly double the speed to legal guardianship or adoption, and result in more permanent outcomes for children and families. Summary of Legal Basis: Section 474(a)(3) of the Act authorizes Federal reimbursement for title IV–E administrative costs, which are defined as costs found necessary by the Secretary for the provision of child placement services and for the proper and efficient administration of the State [title IV–E] plan. Section 1102 of the Act authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions with which the Secretary is responsible under the Act. Alternatives: If this NPRM is not published, agencies may only continue to claim FFP for administrative costs of independent legal representation provided by attorneys representing children in title IV–E foster care, children who are candidates for title IV– E foster care, and the child’s parents in all stages of foster care legal proceedings, but not in other civil proceedings (See Child Welfare Policy Manual (CWPM) 8.1B #30, 31 and 32). Anticipated Cost and Benefits: This final rule impacts state and tribal title IV–E (child welfare) agencies. ACF estimates that the proposed regulatory change would cost the federal government $2,731 billion in FFP over 10 years. This proposal does not impose a burden or cost on the title IV–E agency. The title IV–E agency has discretion to provide allowable independent legal representation to families. Risks: None. Timetable: Action Date NPRM .................. FR Cite 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Kathleen McHugh, Director, Division of Policy, Children’s Bureau, ACYF/ACF/HHS, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Room 3411, Washington, DC 20201, Phone: 202 401– 5789, Fax: 202 205–8221, Email: kmchugh@acf.hhs.gov. RIN: 0970–AC89 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 HHS—ACF 81. Separate Licensing Standards for Relative or Kinship Foster Family Homes [0970–AC91] Priority: Other Significant. Legal Authority: 42 U.S.C. 620 et seq.; 42 U.S.C. 670 et seq.; 42 U.S.C. 1302 CFR Citation: 45 CFR 1355.20. Legal Deadline: None. Abstract: This regulation proposes to allow title IV–E agencies to adopt separate licensing standards for relative or kinship foster family homes. Statement of Need: Currently, the regulation provides that in order to claim title IV–E, all foster family homes must meet the same licensing standards, regardless of whether the foster family home is a relative or non-relative placement. This Notice of Proposed Rulemaking (NPRM) allows a title IV–E agency to adopt licensing or approval standards for all relative foster family homes that are different from the licensing standards used for non-related foster family homes. Summary of Legal Basis: This NPRM is published under the authority granted to the Secretary of Health and Human Services by section 1102 of the Social Security Act (Act), 42 U.S.C. 1302. Section 1102 of the Act authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions for which the Secretary is responsible pursuant to the Act. Section 472 of the Act authorizes federal reimbursement for a FCMP for an otherwise eligible child when the child is placed in a fully licensed or approved foster family home. Alternatives: There are no satisfactory alternatives to publishing this NPRM. This change cannot be made in subregulatory guidance. Anticipated Cost and Benefits: This NPRM impacts state and tribal title IV– E agencies and does not impose a burden. The title IV–E agency has discretion to develop separate licensing standards for relatives and non-relatives and if they do so, they may claim title IV–E funding. ACF estimates that the proposed regulatory change would cost the Federal Government $3.085 billion in title IV–E foster care federal financial participation over 10 years. Risks: None. Timetable: Action NPRM .................. Date FR Cite 01/00/23 Regulatory Flexibility Analysis Required: No. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Kathleen McHugh, Director, Division of Policy, Children’s Bureau, ACYF/ACF/HHS, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Room 3411, Washington, DC 20201, Phone: 202 401– 5789, Fax: 202 205–8221, Email: kmchugh@acf.hhs.gov. RIN: 0970–AC91 HHS—ACF lotter on DSK11XQN23PROD with PROPOSALS2 82. Unaccompanied Children Program Foundational Rule [0970–AC93] Priority: Other Significant. Legal Authority: sec. 462 of the Homeland Security Act (6 U.S.C. 279) CFR Citation: 45 CFR 410. Legal Deadline: None. Abstract: This rule would establish the regulatory framework for a variety of activities currently conducted by the Office of Refugee Resettlement’s Unaccompanied Children (UC) Program. The rule would target activities currently mandated under the Flores Settlement Agreement (FSA), and it would further strengthen and codify additional protections and service provisions for unaccompanied children. Statement of Need: Historically, the UC Program has operated largely without authorizing regulations enacted under the Administrative Procedures Act or subject to notice-and-comment rulemaking. Instead, virtually all ORR policies and procedures are contained in an ORR Policy Guide, and more recently, official ORR Field Guidance. The UC Program is currently subject to the FSA, a consent decree which was first agreed to on January 28, 1997, in the United States District Court for the Central District of California. The court continues to supervise the agreement, which, based on a subsequent amendment, cannot terminate until 45 days after the agency publishes rules implementing the agreement. At this time, ORR seeks to promulgate a new UC Program Foundational Rule, which will govern ORR activities that are currently governed by the FSA along with the federal statutes concerning the UC program, and address additional areas not contemplated in 1997 when the FSA was instituted. It is important to note that this rule will codify new and vital protections for all children in ORR care, most of which currently are only provided in ORR policies and procedures. Upon promulgation of the final UC Program Foundational Rule, ORR will seek to VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 terminate the FSA. The long-term goal is for ORR to codify FSA requirements and provide programmatic enhancements that will result in better and more durable protections for all children in ORR care, including greater transparency of ORR policies. Summary of Legal Basis: ORR has broad statutory authority concerning the care and custody of UC through the Homeland Security Act of 2002 (HSA), 6 U.S.C. 279, and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), 8 U.S.C. 1232. Alternatives: The agency could choose to not issue regulations and continue to be governed by the FSA. However, as noted above, although the FSA provides important protections, it was never intended to permanently govern the program, and regulations are needed to codify enhancements that will result in better and more durable protections for all children in ORR care. Anticipated Cost and Benefits: ORR anticipates new costs associated with this rule particularly those associated with staffing increases (e.g., related to administrative hearings as part of due process protections) and will work to estimate the costs based on updated staffing requirements, costs associated with promulgation of the federal rule, and any other associated costs. Risks: No programmatic risks are anticipated. Timetable: Action Date NPRM .................. FR Cite 05/00/23 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Businesses, Organizations. Government Levels Affected: None. Agency Contact: Toby Biswas, Senior Supervisory Policy Counsel, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 555–4440, Email: ucpolicy@acf.hhs.gov. RIN: 0970–AC93 HHS—ACF 83. Federal Licensing of Office of Refugee Resettlement Facilities [0970– AC94] Priority: Other Significant. Legal Authority: sec. 462 of the Homeland Security Act (6 U.S.C. 279) CFR Citation: 45 CFR 412. Legal Deadline: None. Abstract: This rule would provide the regulatory framework for new Federal PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 11043 licensing of shelter care providers for unaccompanied children. This framework would be used when State governments do not provide State licensing for such providers under certain circumstances. The new office created to manage the Federal licensing will be proposed to be located within the Administration for Children and Families, but not within the Office of Refugee Resettlement. Statement of Need: ORR’s Unaccompanied Children (UC) Program is responsible for the administration of childcare shelters that provide care to UC arriving in the United States, prior to being placed with vetted sponsors. As of December 2021, ORR supports over 250 licensed care provider shelters in 25 states under approximately 150 separate grants between ORR and its network of care providers. In addition, the Flores Settlement Agreement (FSA) generally requires that UC be placed in a state-licensed shelters subject to certain exceptions and expresses a specific preference for placements in geographic locations in which a majority of children are apprehended. Critically, none of ORR’s authorizing statutes mandate placement in state-licensed shelters. ORR has cultivated a large network of state-licensed shelters and developed close, cooperative relationships with many of the partner states that oversee and enforce their own licensing processes for ORR care providers. Accordingly, ORR has not attempted to fulfill all of the functions of, nor provide the services typically performed by, state agencies involved in the licensure and oversight of child care facilities with respect to compliance with state licensing requirements, such as conducting facility inspections, facilitating and processing background checks, and investigating child abuse/ neglect allegations. Recent actions by Texas and Florida to restrict or exempt from state licensure of ORR UC care provider facilities have required ORR to re-evaluate how to continue providing care for UC consistent with the FSA’s expectation that children be placed in state-licensed shelters in those states, which represent a significant proportion of ORR’s overall UC bed space. ACF has determined that the HSA’s and TVPRA’s broad grant of authority to ORR to manage the care and custody of UC authorizes the Department of Health and Human Services (HHS) to federally license shelters that house UC where states abdicate their traditional licensing responsibilities. This authority has been further delegated to ACF. ACF believes this change is necessary because E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11044 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda additional states have recently taken steps to sever ORR grantees’ access to state licensure through executive action. ACF has determined that implementing federal licensure in these states can substantively address concerns underlying the FSA’s requirement that UC shelters be state licensed (e.g. establishment and monitoring of facility standards not addressed by ORR policies, by authorities that are independent of ORR). To continue serving UC and maintain quality of care in states that have restricted the availability of licensure to UC care providers, ORR has determined that the most effective response is for HHS, through ACF, to develop federal licensing standards for its care provider facilities under certain circumstances. ORR will propose that this function be carried out by the proposed Office of Residential Licensure for Unaccompanied Children (ORLUC), to sit within ACF but independent of ORR. That office would oversee the issuance of licensing standards, implement monitoring, and oversee associated processes including federal license revocations. Summary of Legal Basis: ORR has broad statutory authority concerning the care and custody of UC through the Homeland Security Act of 2002 (HSA), 6 U.S.C. 279, and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), 8 U.S.C. 1232. Alternatives: If this rule is not issued, ACF will lack the legal authority to issue licenses and enforce licensing requirements in states that have acted to restrict the availability of licensure to organizations funded by ORR to carry out the UC program. This would limit ACF’s ability to ensure the safety and well-being of children in its care, and to comply with the intent of the FSA. Anticipated Cost and Benefits: The proposed regulations would result in costs to federal licensees, prospective federal licensees, ORR, and to ACF in implementing the proposed federal licensure program. Based on ACF’s analysis, costs associated with the proposed regulations range from approximately $153 to $220 per licensee for submitting licensure applications and corrective action plans, as necessary. In addition, ACF conducted a regulatory impact analysis to assess costs associated with other requirements in the proposed rule such as updating policy and/or training staff, hiring additional staff, and implementing facility changes. At this time, ACF lacks the ability to estimate the potential costs specific to potentially affected care providers, especially with regard to VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 changes to facilities. Therefore, ACF is required to make assumptions general to all prospective federal licensees in implementing any necessary changes. On average, ACF estimates that updates to affected facility policies or staff training will cost licensees between $17.32 and $34.68 per childcare worker. Should a federal licensee need to hire additional staff in order to come into compliance with federal licensure standards, ACF estimates the average cost to be $36,361 per year per worker. The proposed rule would also result in associated federal costs of the establishment and operation of ORLUC. Based on ACF’s analysis, the federal costs associated with the proposed regulations would be approximately $6.4 million in the first fiscal year once they are finalized. ACF also notes that many potential federal licensees discussed in this proposed rule are ACF grantees and the costs of maintaining compliance with licensing requirements are allowable costs to grant awards under the Basic Considerations for cost provisions at 45 CFR part 75, sections 403 through 405, if that the costs are reasonable, necessary, ordinary, treated consistently, and are allocable to the award. Additional costs associated with the policies discussed in this proposed rule that were not budgeted, and cannot be absorbed within existing budgets, would be allowable for the grant recipient to submit a request for supplemental funds to cover the costs, and may therefore result in additional federal costs. Risks: No programmatic risks are anticipated. Timetable: Action Date NPRM .................. FR Cite 05/00/23 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Businesses, Organizations. Government Levels Affected: None. Agency Contact: Toby Biswas, Senior Supervisory Policy Counsel, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 555–4440, Email: ucpolicy@acf.hhs.gov. RIN: 0970–AC94 HHS—ACF 84. • Strengthening TANF as a Safety Net and Work Program [0970–AC97] Priority: Other Significant. Legal Authority: 42 U.S.C. 609 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 CFR Citation: 45 CFR 260. Legal Deadline: None. Abstract: This rule would strengthen the Temporary Assistance for Needy Families (TANF) program as a safety net and a work preparation program, make changes to allowable uses of TANF funds, improve work program effectiveness, and reduce administrative burden. The rule responds to the President’s Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as well as the Biden-Harris Administration’s priority to build a bridge towards economic recovery. The rule aims to increase support for families with the greatest needs and the services most integral to the safety net, including cash assistance, and help to reduce racial inequities across states. Additionally, the rule aims to help states to tailor effective workforce services to the needs of each family and reduce administrative burden. Statement of Need: In fiscal year (FY) 2020, combined federal TANF and state maintenance-of-effort (MOE) expenditures and transfers totaled $31.6 billion. Of that amount only 22 percent was spent on basic assistance, compared to 71 percent in FY 1997. As a result, TANF currently serves less than 25 percent of eligible families across the country, as compared to 1997 when TANF served almost 70 percent of eligible families. States in which the lowest proportion of families in poverty receive cash benefits also have proportionally larger shares of Black and Latinx children. The rule aims to address these shortcomings and would align with the Administration’s efforts to address equity, focus on upstream preventions, and increase opportunities for economic mobility for low-income families. The NPRM may consider changes around use of funds, eligible families, state MOE spending, and work flexibilities. Summary of Legal Basis: The proposed regulations will relate to allowable spending, eligible work activities and penalties, and administrative simplification. The NPRM would be issued under the Secretary’s authority to issue regulations where Congress has charged the Department with enforcing penalties, 42 U.S.C. 609. Alternatives: Without these regulatory changes around allowable uses of funds, states will continue to underinvest in services most integral to the safety net, including cash assistance, and supports for families with the greatest needs. Without regulatory changes to improve work program effectiveness, states will E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda have less flexibility to tailor employment and training services to the needs of each family. Lastly, in the absence of these regulatory changes, states will not experience any relief in their administrative burden to operate the TANF program. Anticipated Cost and Benefits: This NPRM imposes no costs on the federal government nor does it change overall funding amounts or spending requirements for states, territories, and tribes, as TANF is a fixed block grant. We anticipate a benefit in the transfer of funding toward critical supports to families experiencing economic hardships. Risks: While we expect more lowincome families to receive TANF benefits and receive more effective work-related services, this action may result in states having to increase their own spending to fund activities previously funded by federal TANF dollars or previously counted as state MOE spending. Timetable: Action Date NPRM .................. FR Cite 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Deborah List, Associate Deputy Director, Office of Family Assistance, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 401–5488, Email: deborah.list@acf.hhs.gov. RIN: 0970–AC97 lotter on DSK11XQN23PROD with PROPOSALS2 HHS—ACF 85. • Adoption and Foster Care Analysis and Reporting System (AFCARS) [0970–AC98] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 42 U.S.C. 679 CFR Citation: 45 CFR 1355.41 et seq. Legal Deadline: None. Abstract: To ensure equitable treatment of all children and youth in child welfare, including Native American and LGBTQ+ children and youth, this rule will propose to require title IV–E agencies to collect and report for AFCARS additional information related to youth, foster parents, adoptive parents, and legal guardians. AFCARS data is used for planning, technical assistance, discretionary service grants, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 and research and evaluation, all with the goal of reducing entry into and improving outcomes of children in foster care. Statement of Need: This NPRM is consistent with the Administration’s priority of advancing equity for those historically underserved and adversely affected by persistent poverty and inequality. Native and LGBTQI+ children are over-represented populations in the child welfare system; however, the experiences of LGBTQI+ children in foster care and Native children are not fully captured in current child welfare data systems. As such, adding sexual orientation and ICWA data elements removed from the 2020 rule would make the experiences of these children more visible and may provide better insight into the trajectory of LGBTQI+ and Native children in foster care. It will also provide avenues for collaboration between states and tribes, in areas such as technical assistance, training and resource allocation that would be informed by the additional ICWA data elements. We anticipate that this is a critical step in addressing the needs of this population, and also will assist title IV–E agencies in recruiting and training foster care providers in meeting the needs of these youth. We will also consider potentially adding other elements that were removed by a May 2020 AFCARS Final Rule, such as health and education data. Summary of Legal Basis: AFCARS is authorized by section 479 of the Social Security Act (the Act), which mandates that the Department of Health and Human Services (HHS) regulate a data collection system for national adoption and foster care data. Section 474(f) of the Act requires HHS to impose penalties for non-compliant AFCARS data. Section 1102 of the Act authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions with which the Secretary is responsible under the Act. Alternatives: If this NPRM is not published, title IV–E agencies are required to report to AFCARS (beginning 10/1/22 under the 2020 final rule) related to ICWA: the child’s tribal membership and name of Tribe; tribal membership for the child’s the parents, foster parents, adoptive parents, and legal guardians; whether the state made inquiries if the child is an Indian child as defined in ICWA; whether ICWA applies for the child and if yes, the date that the state was notified by the Indian tribe or state or tribal court that ICWA applies; and whether the child’s tribe(s) was sent legal notice. Title IV–E PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 11045 agencies are not required to report on sexual orientation in AFCARS currently. Anticipated Cost and Benefits: There will be new state/tribe and federal costs associated with requiring title IV–E agencies to report additional AFCARS data elements, and the cost is contingent on the scope of the NPRM. Risks: None. Timetable: Action NPRM .................. Date FR Cite 06/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Local, State. Agency Contact: Kathleen McHugh, Director, Division of Policy, Children’s Bureau, ACYF/ACF/HHS, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Room 3411, Washington, DC 20201, Phone: 202 401– 5789, Fax: 202 205–8221, Email: kmchugh@acf.hhs.gov. RIN: 0970–AC98 HHS—ACF 86. • Modification of the Tribal NonFederal Share Requirement [0970– AC99] Priority: Other Significant. Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 655(f) CFR Citation: 45 CFR 309; 45 CFR 310. Legal Deadline: None. Abstract: This rule would modify the non-Federal share of program expenditures requirement, including the 90/10 and 80/20 cost sharing rates, for Tribal child support enforcement programs. Statement of Need: The requirement to provide the non-Federal share of program expenditures has been a longstanding issue for Tribal child support enforcement programs. It limits growth, causes disruptions, and creates instability. Modifying the non-Federal share requirement prevents existing Tribal child support enforcement programs from closing. It implements guidance provided by the Secretary that the match rate would be revised if it were disruptive and imposed hardship (see 65 Fed Reg. at 50823). It also removes a major barrier that hinders prospective Tribes and Tribal organizations from administering a Tribal child support enforcement program. Most importantly, it ensures the opportunity for Tribal families to E:\FR\FM\22FEP2.SGM 22FEP2 11046 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda receive child support services that reflect and affirm their Tribal cultures and traditions, promote parental responsibility, create financial stability, and lift Tribal families out of poverty. In FY 2020, Tribal child support enforcement programs collected $58 million in child support payments and 96 percent went to families. Summary of Legal Basis: Section 455(f) of the Social Security Act (the Act) requires the Secretary to issue regulations governing the grants to Tribes and Tribal organizations operating child support enforcement programs. Additionally, section 1102 of the Act authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions with which the Secretary is responsible under the Act. Alternatives: If the NPRM is not published, many Tribal child support enforcement programs will continue to reduce services, delay filling vacancies, forgo system upgrades, and operate at a limited capacity so that they can meet the non-Federal share of program expenditures. Some Tribal child support enforcement programs will continue to face the danger of closing and may eventually be forced to close. Additionally, many prospective Tribes and Tribal organizations will be unable to apply for funding to operate a Tribal child support enforcement program due to the non-Federal share requirement. Anticipated Cost and Benefits: ACF estimates that a modification to the regulation will result in increased costs to the Federal government but will also result in additional tribal child support programs added to serve children and families. Risks: None. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 NPRM .................. FR Cite 05/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Chad Sawyer, Senior Policy Specialist, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 774– 2323, Email: chad.sawyer@acf.hhs.gov. RIN: 0970–AC99 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 HHS—ACF Final Rule Stage 87. ANA Non-Federal Share Emergency Waivers [0970–AC88] Priority: Other Significant. Unfunded Mandates: Undetermined. Legal Authority: 42 U.S.C. 2991b CFR Citation: 45 CFR 1336. Legal Deadline: None. Abstract: This regulation proposes to streamline the process for Administration for Native Americans (ANA) grant program applicants to request a waiver for non-federal share for the 20 percent match required by statute for ANA grants. The regulation will also propose the ability for current grantees to request an emergency waiver for the non-federal share match. Statement of Need: The Native American Programs Act of 1974 (NAPA), as amended, requires projects awarded funding through sections 803, 804, and 805 provide a 20 percent match of the total cost of the project, unless a waiver is obtained through objective criteria as outlined in ANA’s regulations. The current regulations outline the requirements and criteria for applicants to request a waiver for nonfederal share (NFS) at 45 CFR part 1336.50 at the time of application for a new or continuation award. The COVID–19 pandemic had a detrimental impact on the economies and financial resources of ANA’s Native American recipients, most of whom had to close their borders to protect their citizens. Many tribal enterprises were forced to close, and tourism revenues became non-existent. Partnerships and vendors were no longer able to contribute previously committed resources for NFS. During this time, many recipients grew concerned that they would be unable to fully meet their NFS of their grant award. ANA explored the possibility of providing emergency NFS waivers to ANA grantees. Unfortunately, ANA learned that it does not currently have the authority to issue emergency NFS waivers, as neither emergency waiver authority nor a process to approve such requests exists in ANA’s regulations. Current regulations require waiver requests to be submitted at the time of application or during the noncompetitive continuation process. This request to update ANA’s regulation would provide a new provision for recipients to request an emergency NFS waiver in the event of a natural or manmade emergency such as a public health pandemic. Summary of Legal Basis: The Native American Programs Act of 1974 (NAPA), as amended, requires projects PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 awarded funding through sections 803, 804, and 805 provide a 20 percent match of the cost of the project, unless a waiver is obtained through objective criteria as outlined in ANA’s regulations. Current regulations outline the requirements and criteria to request a waiver at 45 CFR part 1336.50 at the time of application for a new or continuation award. However, there is no existing regulations or criteria to provide an emergency waiver for NFS to recipients experience a natural or manmade disaster or public health emergency such as COVID–19. Alternatives: The alternative would be to not offer the emergency waiver. Anticipated Cost and Benefits: There are no known costs to the program by issuing this rule. This final rule is responsive to the President’s Executive Order 13995 (Ensuring an Equitable Pandemic Response and Recovery) and Executive Order 14002 (Economic Relief Related to the COVID–19 Pandemic), as well as responsive to the needs of Native American communities. Existing regulations state that ANA must determine that approval of an NFS waiver will not prevent the award of other grants at levels it believes are desirable for the purposes of the program. Approval of this emergency waiver regulation will also decrease the potential audit findings of entities not meeting the required NFS. In addition, it reduces further harm to recipients that are impacted by an emergency situation, which caused unforeseen and additional financial hardships. Risks: There are no known risks to the program by issuing this rule. Timetable: Action NPRM .................. NPRM Comment Period End. Final Action ......... Date 12/07/21 02/07/22 FR Cite 86 FR 69215 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Mirtha Beadle, Senior Policy Advisor, Department of Health and Human Services, Administration for Children and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 401–6506, Email: mirtha.beadle@acf.hhs.gov. RIN: 0970–AC88 E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda HHS—ADMINISTRATION FOR COMMUNITY LIVING (ACL) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 88. Older Americans Act, Titles III, VI, and VII [0985–AA17] Priority: Other Significant. Legal Authority: 42 U.S.C. 3001 et seq. CFR Citation: 45 CFR 1321 to 1324. Legal Deadline: None. Abstract: The proposed rule would amend the regulations implementing programs under the Older Americans Act (OAA) (42 U.S.C. 3001 et seq.): 45 CFR part 1321 (Grants to State and Community Programs on Aging); 45 CFR part 1322 (Grants to Indian Tribes for Support and Nutrition Services); 45 CFR part 1323 (Grants for Supportive and Nutritional Services to Older Hawaiian Natives); and 45 CFR part 1324 (Allotments for Vulnerable Elder Rights Protection Activities, including Subpart A State Long-Term Care Ombudsman Program). The proposed rule would make revisions to these regulations to align with the OAA as reauthorized in 2020. Current OAA regulations are more than 30 years old (issued in 1988), other than portions of 45 CFR part 1321 and 1324 regarding the State Long-Term Care Ombudsman Program, which were issued in 2015. Statement of Need: The proposed rule would make important revisions to these regulations following the reauthorization of the Act in 2020. The majority of the current regulations associated with this Act are more than 30 years old, so updates to these regulations will allow for an overall alignment of regulations with current statutory language, related regulatory language and circumstances in the field. These regulations also provide an important opportunity to advance equity in the OAA programs as envisioned by the statute and consistent with current executive orders. Summary of Legal Basis: Development, promulgation and implementation of regulations for OAA programs have been and will be carried out consistently with the statute. This particular regulatory action is not required by the reauthorization of the statute or court order. Alternatives: ACL considers subregulatory guidance, information and education outreach, and voluntary approaches as alternatives to regulatory action. None of these alternatives are the appropriate option for promulgating and administering the provisions that will be included in the regulations consistent with statute. Economic incentives and instruments are not an option. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Anticipated Cost and Benefits: To be determined. A regulatory impact analysis is concurrently underway. Risks: These regulations would update past and establish new regulatory provisions consistent with the reauthorization of the OAA in 2020. Promulgating this NPRM and obtaining public feedback in order to issue a new final rule will result in decreased risk for administering agencies at the federal, state and local level in ensuring the administration of the OAA programs consistent with the statute, and in also supporting the statute’s purpose of reducing the risk of injury, disease, disability and institutional placement of older adults. Timetable: Action Date Request for Information (RFI). Request for Information Comment Period End. NPRM .................. 05/06/22 FR Cite 87 FR 27160 06/06/22 06/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Local, State, Tribal. Agency Contact: Richard Nicholls, Chief of Staff and Executive Secretary, Department of Health and Human Services, Administration for Community Living, 330 C Street SW, Room 1004B, Washington, DC 20201, Phone: 202 795–7415, Fax: 202 205– 0399, Email: rick.nicholls@acl.hhs.gov. RIN: 0985–AA17 HHS—ACL 89. • Adult Protective Services Functions and Grant Programs [0985– AA18] Priority: Other Significant. Legal Authority: Elder Justice Act (SSA sec. 2042. [42 U.S.C. 1397m–1] (a) Secretarial Responsibilities) CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: The proposed rule would create federal regulations for Adult Protective Services (APS) programs as authorized by the Elder Justice Act. APS programs were originally recognized by federal law in 1975 under title XX of the Social Security Act via the Social Services Block Grant (SSBG). States have wide discretion whether to allocate any funding to APS via the SSBG program, and there are no regulations pertaining to APS under SSBG. Since PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 11047 1975, all 50 states, the District of Columbia, and four territories have developed APS programs in accordance with local needs, structures, and laws. Historic investments through the Coronavirus Relief and Response Supplemental Appropriations Act (CRRSA) and the American Rescue Plan Act (ARPA) provided the very first funding for APS program formula funding to states as authorized by the Elder Justice Act (EJA). These regulations would promote an effective APS response across the country so that all older adults and adults with disabilities, regardless of the state or jurisdiction in which they live, have similar protections and service delivery from APS systems. Statement of Need: The proposed rule would create federal regulations for Adult Protective Services (APS) programs as authorized by the Elder Justice Act (EJA). These regulations are critical in establish consistent national requirements and standards for EJA APS program formula funding to states. Summary of Legal Basis: Development, promulgation and implementation of this regulation will be carried out consistently with the statute; however, this regulatory action is not required by the statute or a court order. Alternatives: ACL considers subregulatory guidance, information and education outreach, and voluntary approaches as alternatives to regulatory action. Prior to the availability of appropriations for formula funding for this program ACL utilized guidance and voluntary approach for the establishment of a national data system and in supporting the establishment and dissemination of program best practices. However, now that federal funding is available to all states and territories, none of these alternatives are the appropriate option for promulgating and administering the provisions that will be included in the regulations consistent with statute. Economic incentives and instruments are not an option. Anticipated Cost and Benefits: To be determined. A regulatory impact analysis is concurrently underway. Risks: These regulations would establish first ever regulations for APS programs consistent with the Elder Justice Act passed in 2010. Promulgating this NPRM and obtaining public feedback in order to issue a new final rule will result in decreased risk for administering agencies at the federal, state and local level in ensuring the administration of appropriations for APS programs consistent with the statute, and in also supporting the E:\FR\FM\22FEP2.SGM 22FEP2 11048 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda statute’s programmatic purpose of detecting, preventing and reducing the abuse, neglect and exploitation of adults, including older adults. Timetable: Action Date NPRM .................. FR Cite 06/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: State. Agency Contact: Richard Nicholls, Chief of Staff and Executive Secretary, Department of Health and Human Services, Administration for Community Living, 330 C Street SW, Room 1004B, Washington, DC 20201, Phone: 202 795–7415, Fax: 202 205– 0399, Email: rick.nicholls@acl.hhs.gov. RIN: 0985–AA18 BILLING CODE 4150–03–P DEPARTMENT OF HOMELAND SECURITY (DHS) lotter on DSK11XQN23PROD with PROPOSALS2 Fall 2022 Statement of Regulatory Priorities The Department of Homeland Security (DHS or Department) was established in 2003 pursuant to the Homeland Security Act of 2002, Public Law 107–296. The DHS mission statement provides the following: ‘‘With honor and integrity, we will safeguard the American people, our homeland, and our values.’’ DHS was created in the aftermath of the horrific attacks of 9/11, and its distinctive mission is defined by those words. The phrase ‘‘homeland security’’ refers to the security of the American people, the homeland (understood in the broadest sense), and the nation’s defining values. A central part of the mission of protecting ‘‘our values’’ includes fidelity to law and the rule of law, reflected above all in the Constitution of the United States, and also in statutes enacted by Congress, including the Administrative Procedure Act. That commitment is also associated with a commitment to individual dignity. Among other things, the attacks of 9/11 were attacks on that value as well. The regulatory priorities of DHS are founded an insistence on the rule of law—and also on a belief that individual dignity, symbolized and made real by the opening words of the Constitution (‘‘We the People’’), the separation of powers, and the Bill of Rights (including the Due Process Clause), helps to define our mission. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Fulfilling that mission requires the dedication of more than 240,000 employees in jobs that range from aviation and border security to emergency response, from cybersecurity analyst to chemical facility inspector, from the economist seeking to identify the consequences of our actions to the scientist and policy analyst seeking to make the nation more resilient against flooding, drought, extreme heat, and wildfires. Our duties are wide-ranging, but our goal is clear: keep America safe. There are six overarching homeland security missions that make up DHS’s strategic plan: (1) Counter terrorism and homeland security threats; (2) secure U.S. borders and approaches; (3) secure cyberspace and critical infrastructure; (4) preserve and uphold the Nation’s prosperity and economic security; (5) strengthen preparedness and resilience (including resilience from risks actually or potentially aggravated by climate change); and (6) champion the DHS workforce and strengthen the Department. See also 6 U.S.C. 111(b)(1) (identifying the primary mission of the Department). In promoting these goals, we attempt to evaluate our practices by reference to evidence and data, and to improve them in real time. We also attempt to deliver our multiple services in a way that, at once, protects the American people and does not impose excessive or unjustified barriers and burdens on those who use them. In achieving those goals, we are committed to public participation and to listening carefully to the American people (and to noncitizens as well). We are continually strengthening our partnerships with communities, first responders, law enforcement, and Government agencies—at the Federal, State, local, tribal, and international levels. We are accelerating the deployment of science, technology, and innovation in order to make America more secure against risks old and new— and to perform our services better. We are becoming leaner, smarter, and more efficient, ensuring that every security resource is used as effectively as possible. We are reducing administrative burdens and simplifying our processes. For a further discussion of our mission, see the DHS website at https://www.dhs.gov/mission. The regulations we have summarized below in the Department’s Fall 2022 regulatory plan and agenda support the Department’s mission. We are committed to continuing evaluation of our regulations, consistent with Executive Order 13563, and Executive Order 13707, and in a way that improves them over time. These PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 regulations will improve the Department’s ability to accomplish its mission. Also, these regulations address legislative initiatives such as the ones found in the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) and the FAA Extension, Safety, and Security Act of 2016. We emphasize here our commitments (1) To fidelity to law; (2) to treating people with dignity and respect; (3) to increasing national resilience against multiple risks and hazards, including those actually or potentially associated with climate change; (4) to modernization of existing requirements; and (5) to reducing unjustified barriers and burdens, including administrative burdens. DHS strives for organizational excellence and uses a centralized and unified approach to managing its regulatory resources. The Office of the General Counsel manages the Department’s regulatory program, including the agenda and regulatory plan. In addition, DHS senior leadership reviews each significant regulatory project in order to ensure that the project fosters and supports the Department’s mission. The Department is committed to ensuring that all of its regulatory initiatives are aligned with its guiding principles to remain faithful to law, protect civil rights and civil liberties, integrate our actions, listen to those affected by our actions, build coalitions and partnerships, develop human resources, innovate, and be accountable to the American public. DHS is strongly committed to the principles described in Executive Orders 13563 and 12866 (as amended). Both Executive Orders direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13563 explicitly draws attention to human dignity and to equity. Finally, the Department values public involvement in the development of its regulatory plan, agenda, and regulations. It is particularly concerned with the impact its regulations have on small businesses and startups, consistent with its commitment to promoting economic growth. DHS is also concerned to ensure that its regulations are equitable, and that they do not have unintended or adverse effects on (for example) women, E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 disabled people, people of color, or the elderly. Its general effort to modernize regulations, and to remove unjustified barriers and burdens, is meant in part to avoid harmful effects on small businesses, startups, and disadvantaged groups of multiple sorts. DHS and its components continue to emphasize the use of plain language in our regulatory documents to promote a better understanding of regulations and to promote increased public participation in the Department’s regulations. We want our regulations to be transparent and ‘‘navigable,’’ so that people are aware of how to comply with them (and in a position to suggest improvements). The Fall 2022 regulatory plan for DHS includes regulations from multiple DHS components, including the Federal Emergency Management Agency (FEMA), U.S. Citizenship and Immigration Services (USCIS), the U.S. Coast Guard (the Coast Guard), U.S. Customs and Border Protection (CBP), Transportation Security Administration (TSA), U.S. Immigration and Customs Enforcement (ICE), and the Cybersecurity and Infrastructure Security Agency (CISA). We next describe the regulations that comprise the DHS fall 2022 regulatory plan. Federal Emergency Management Agency The Federal Emergency Management Agency (FEMA) is the government agency responsible for helping people before, during, and after disasters. FEMA supports the people and communities of our Nation by providing experience, perspective, and resources in emergency management. FEMA is particularly focused on national resilience in the face of the risks of flooding, drought, extreme heat, and wildfire; it is acutely aware that these risks, and others, are actually or potentially aggravated by climate change. FEMA seeks to ensure, to the extent possible, that changing weather conditions do not mean a more vulnerable nation. FEMA is also focused on individual equity, and it is aware that administrative burdens and undue complexity might produce inequitable results in practice. Consistent with President Biden’s Executive Order on Climate Related Financial Risk (Executive Order 14030), FEMA will propose a regulation titled National Flood Insurance Program: Standard Flood Insurance Policy, Homeowner Flood Form. The National Flood Insurance Program (NFIP), established pursuant to the National Flood Insurance Act of 1968, is a voluntary program in which participating communities adopt and VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 enforce a set of minimum floodplain management requirements to reduce future flood damages. Property owners in participating communities are eligible to purchase NFIP flood insurance. This proposed rule would revise the Standard Flood Insurance Policy by adding a new Homeowner Flood Form and five accompanying endorsements. The new Homeowner Flood Form would replace the Dwelling Form as a source of coverage for homeowners of one-to-four family residences. Together, the new Form and endorsements would more closely align with property and casualty homeowners’ insurance and provide increased options and coverage in a more user-friendly and comprehensible format. FEMA will also propose a regulation titled Individual Assistance Program Equity to further align with Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. FEMA will propose to amend its Individual Assistance (IA) regulations to increase equity and ease of entry to the IA Program. To provide a full opportunity for underserved communities to participate in the program, FEMA will propose to amend application of ‘‘safe, sanitary, and functional’’ for the Individuals and Households Program Home Repair assistance; re-evaluate the requirement to apply for a Small Business Administration loan prior to receipt of certain types of Other Needs Assistance; add eligibility criteria for its Serious Needs and Displacement Assistance; amend its requirements for Continued Temporary Housing Assistance; reevaluate its approach to insurance proceeds; and amend its appeals process. FEMA will also propose revisions to reflect changes to statutory authority that have not yet been implemented in regulation, to include provisions for utility and security deposit payments, lease and repair of multi-family rental housing, child care assistance, maximum assistance limits, and waiver authority. Finally, FEMA will propose allowing self-employed individuals to receive assistance for essential tools under Other Needs Assistance, allowing certain home repair accessibility-related items, and allowing the reopening of the registration period when the President adds new counties to the major disaster declaration. In addition, FEMA will propose a regulation titled Update of FEMA’s Public Assistance Regulations. FEMA proposes to revise its Public Assistance program regulations to reflect current PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 11049 statutory authorities and implement program improvements. The proposed rule would incorporate changes brought about by amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. FEMA is also proposing clarifications and corrections to improve the efficiency and consistency of the Public Assistance program. Additionally, FEMA will propose a regulation titled Updates to Floodplain Management and Protection of Wetlands Regulations consistent with President Biden’s Executive Order on Climate Related Financial Risk (Executive Order 14030). FEMA proposes to amend its existing regulations to incorporate amendments that have been made to Executive Order 11988 and the Federal Flood Risk Management Standard (FFRMS). The FFRMS is a flexible framework allowing agencies to choose among three approaches to define the floodplain and corresponding flood elevation requirements for federally funded projects. Existing regulations describe FEMA’s process for determining whether the proposed location for an action falls within a floodplain and how to complete the action in the floodplain, in light of the risk of flooding. The proposed rule would change how FEMA defines a floodplain with respect to certain actions. Additionally, under the proposed rule, FEMA would use natural systems, ecosystem process, and naturebased approaches, where practicable, when developing alternatives to locating the proposed action in the floodplain. Finally, FEMA continues to engage with the public related to its floodplain management standards. On October 12, 2021, FEMA issued a Request for Information to receive the public’s input on revising the NFIP’s floodplain management standards for land management and use regulations to better align with the current understanding of flood risk and flood risk reduction approaches. FEMA’s authority under the National Flood Insurance Act requires the agency to, from time to time, develop comprehensive criteria designed to encourage the adoption of adequate State and local measures. The agency is reviewing potential actions to better align the NFIP minimum floodplain management standards with FEMA’s current understanding of flood risk, flood insurance premium rates, and risk reduction approaches to make communities safer, stronger, and more resilient to increased flooding. FEMA is considering revisions to the minimum standards to better protect people and property in a nuanced manner that balances community needs with the E:\FR\FM\22FEP2.SGM 22FEP2 11050 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 national scope of the NFIP while also incorporating opportunities for improving resilience in communities that have been historically underserved. FEMA is also considering revisions to the minimum standards that would advance the conservation of threatened and endangered species and their habitat. In response to a separate Request for Information, FEMA is also reviewing ways to further promote enhanced resilience efforts through the Community Rating System. United States Citizenship and Immigration Services U.S. Citizenship and Immigration Services (USCIS) is the government agency that administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits with integrity and respect for all we serve. To the extent permitted by law, USCIS is committed to meeting the economic needs of U.S. employers, reducing unnecessary barriers to legal immigration, increasing access to legally authorized immigration benefits, and reinvigorating the size and scope of humanitarian relief. In the coming year, USCIS intends to pursue several regulatory actions that support these goals while balancing this work with our fiscal stability goals. Employment Issues, Economic Needs, and Lawful Pathways. USCIS is focused on promulgating policies that are responsive to the needs of the U.S. economy and U.S. employers, while providing lawful pathways to work in the United States and also protecting the rights of both U.S. and noncitizen workers. USCIS will propose a rule to modernize and reform the H–2A and H– 2B programs. The proposed rule will incorporate necessary program efficiencies and meet the legitimate needs of U.S. employers; it will include provisions designed to protect against the exploitation or other abuse of H–2A and H–2B workers. (Modernization and Reform of the H–2 Programs.) Improvements to the Overall Immigration System. USCIS will propose adjustments to certain immigration and naturalization benefit request fees (after performing the required biennial fee review) to ensure that fees recover full costs borne by USCIS. In doing so, USCIS will adhere to the ideals of removing unjustified barriers and promoting access to the immigration system (to promote, among other things, economic needs and economic growth); improving and expanding naturalization processing; and implementing the administration’s VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 humanitarian priorities. (USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.) In addition, USCIS plans to take steps to reform the regulations governing the adjustment of status to lawful permanent residence to improve the efficiency and administration of that program. USCIS will propose a rule that updates outdated regulations, reduces the potential for visa retrogression, and promotes the efficient use of immediately available immigrant visas. (Improving the Regulations Governing the Adjustment of Status to Lawful Permanent Residence and Related Immigration Benefits.) Lastly, USCIS will propose a rule to clarify and update eligibility requirements governing citizenship and naturalization. (Citizenship and Naturalization and Other Related Flexibilities.) Humanitarian Relief. USCIS will propose reforms to the U nonimmigrant visa classification. The U nonimmigrant status is for noncitizen victims of certain qualifying criminal activities, and their eligible family members, who have been, are, or are likely to be helpful in the investigation or prosecution of those crimes. To streamline the procedures and enhance operational efficiency, USCIS will propose a rule to update eligibility, procedural and filing requirements governing U nonimmigrant status, and adjustment of status for those nonimmigrants. (Victims of Qualifying Criminal Activities; Eligibility Requirements for U Nonimmigrant Status and Adjustment of Status). In addition, USCIS will propose a rule to update the regulations governing selfpetitions in cases where the noncitizen has been subjected to battery or extreme cruelty by their U.S. citizen spouse, parent, son, or daughter, or lawful permanent resident spouse or parent. USCIS will also propose to update the regulations to align with statutory updates made as a result of subsequent reauthorizations of the Violence Against Women Act. (Relief Under the Violence Against Women Act of 1994 and Subsequent Legislation.) Asylum Reforms. USCIS is focused on pursuing regulations to strengthen, rebuild, and (where appropriate) streamline the asylum system, consistent with law and mission imperatives. For example, USCIS and DOJ will take steps to remove regulatory provisions that are currently enjoined (Bars to Asylum Eligibility and Related Procedures), propose updates to clarify eligibility for asylum and withholding of removal (Particular Social Group and Related Definitions and Interpretations for Asylum and Withholding of PO 00000 Frm 00086 Fmt 4701 Sfmt 4702 Removal), and propose modifications or withdrawal of other asylum-related regulatory provisions (Security Bars and Processing). United States Coast Guard The Coast Guard is a military, multimission, maritime service of the United States and the only military organization within DHS. It is the principal Federal agency responsible for maritime safety, security, and stewardship in U.S. ports and waterways. Effective governance in the maritime domain hinges upon an integrated approach to safety, security, and stewardship. The Coast Guard’s policies and capabilities are integrated and interdependent, delivering results through a network of enduring partnerships with maritime stakeholders. Consistent standards of universal application and enforcement, which encourage safe, efficient, and responsible maritime commerce, are vital to the success of the maritime industry. The Coast Guard’s ability to field versatile capabilities and highly trained personnel is one of the U.S. Government’s most significant and important strengths in the maritime environment. America is a maritime nation, and our security, resilience, and economic prosperity are intrinsically linked to the oceans. Safety, efficient waterways, and freedom of transit on the high seas are essential to our well-being. The Coast Guard is leaning forward, poised to meet the demands of the modern maritime environment. The Coast Guard creates value for the public through solid prevention and response efforts. Activities involving oversight and regulation, enforcement, maritime presence, and public and private partnership foster increased maritime safety, security, and stewardship. The statutory responsibilities of the Coast Guard include ensuring marine safety and security, preserving maritime mobility, protecting the marine environment, enforcing U.S. laws and international treaties, and performing search and rescue. The Coast Guard supports the Department’s overarching goals of mobilizing and organizing our Nation to secure the homeland from terrorist attacks, natural disasters, and other emergencies. These goals include protection against the risks associated with climate change, and the Coast Guard seeks to obtain scientific information to assist in that task, while also acting to promote resilience and adaptation. The Coast Guard highlights the following regulatory actions: E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 Cybersecurity in the Marine Transportation System. The Coast Guard is proposing to update its maritime security regulations by adding cybersecurity requirements to existing regulations. This proposed rulemaking is part of an ongoing effort to address emerging cybersecurity risks and threats to maritime security by including additional security requirements to safeguard the marine transportation system. Shipping Safety Fairways Along the Atlantic Coast. The Coast Guard published an ANPRM on June 19, 2020. The Coast Guard is reviewing comments to help develop a proposed rule that would establish shipping safety fairways along the Atlantic Coast of the United States. Fairways are marked routes for vessel traffic. They facilitate the direct and unobstructed transit of ships. The proposed fairways will be based on studies about vessel traffic along the Atlantic Coast. The Coast Guard is taking this action to ensure that obstruction-free routes are preserved to and from U.S. ports and along the Atlantic coast and to reduce the risk of collisions, allisions and grounding, as well as alleviate the chance of increased time and expenses in transit. MARPOL Annex VI; Prevention of Air Pollution From Ships. The Coast Guard is proposing regulations to carry out the provisions of Annex VI of the MARPOL Protocol, which is focused on the prevention of air pollution from ships. The Act to Prevent Pollution from Ships has already given direct effect to most provisions of Annex VI, and the Coast Guard and the Environmental Protection Agency have carried out some Annex VI provisions through previous rulemakings. This proposed rulemaking would fill gaps in the existing framework for carrying out the provisions of Annex VI. Chapter 4 of Annex VI contains shipboard energy efficiency measures that include shortterm measures reducing carbon emissions linked to climate change. This proposed rulemaking would apply to U.S.-flagged ships. It would also apply to foreign-flagged ships operating either in U.S. navigable waters or in the U.S. Exclusive Economic Zone. United States Customs and Border Protection Customs and Border Protection (CBP) is the Federal agency principally responsible for the security of our nation’s borders, both at and between the ports of entry into the United States. CBP must accomplish its border security and enforcement mission without stifling the flow of legitimate trade and travel. The primary mission of CBP is its VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 homeland security mission, that is, to prevent terrorists and terrorist weapons from entering the United States. An important aspect of this mission involves improving security at our borders and ports of entry, but it also means extending our zone of security beyond our physical borders. CBP is also responsible for administering laws concerning the importation of goods into the United States and enforcing the laws concerning the entry of persons into the United States. This includes regulating and facilitating international trade; collecting import duties; enforcing U.S. trade, immigration and other laws of the United States at our borders; inspecting imports; overseeing the activities of persons and businesses engaged in importing; enforcing the laws concerning smuggling and trafficking in contraband; apprehending individuals attempting to enter the United States illegally; protecting our agriculture and economic interests from harmful pests and diseases; servicing all people, vehicles, and cargo entering the United States; maintaining export controls; and protecting U.S. businesses from theft of their intellectual property. In carrying out its mission, CBP’s goal is to facilitate the processing of legitimate trade and travel efficiently without compromising security. Consistent with its primary mission of homeland security, CBP intends to issue several regulations that are intended to improve security at our borders and ports of entry. During the upcoming year, CBP will also work on various projects to streamline CBP processing, reduce duplicative processes, reduce various burdens on the public, and automate various paper forms. CBP highlights one those projects below. Advance Passenger Information System: Electronic Validation of Travel Documents. CBP intends to amend current Advance Passenger Information System (APIS) regulations to incorporate additional carrier requirements that would further enable CBP to determine whether each passenger is traveling with valid, authentic travel documents prior to the passenger boarding the aircraft. The proposed regulation would require commercial air carriers to receive a second message from CBP that would state whether CBP matched the travel documents of each passenger to a valid, authentic travel document recorded in CBP’s databases. The proposed regulation would also require air carriers to transmit additional data elements regarding contact information through APIS for all commercial aircraft passengers arriving in the United States PO 00000 Frm 00087 Fmt 4701 Sfmt 4702 11051 to support border operations and national security. CBP expects that the collection of these elements would enable CBP to further support the Center for Disease Control and Prevention’s mission in monitoring and tracing the contacts for persons involved in health incidents. This action will result in time savings to passengers and cost savings to CBP, carriers, and the public. In addition to the regulations that CBP issues to promote DHS’s mission, CBP issues regulations related to the mission of the Department of the Treasury. Under section 403(1) of the Homeland Security Act of 2002, the former-U.S. Customs Service, including functions of the Secretary of the Treasury relating thereto, transferred to the Secretary of Homeland Security. As part of the initial organization of DHS, the Customs Service inspection and trade functions were combined with the immigration and agricultural inspection functions and the Border Patrol and transferred into CBP. The Department of the Treasury retained certain regulatory authority of the U.S. Customs Service relating to customs revenue function. In the coming year, CBP expects to continue to issue regulatory documents that will facilitate legitimate trade and implement trade benefit programs. For a discussion of CBP regulations regarding the customs revenue function, see the regulatory plan of the Department of the Treasury. Transportation Security Administration The Transportation Security Administration (TSA) protects the Nation’s transportation systems to ensure freedom of movement for people and commerce. TSA applies an intelligence-driven, risk-based approach to all aspects of its mission. This approach results in layers of security to mitigate risks effectively and efficiently. In the coming fiscal year, TSA is prioritizing the following actions that are required to meet statutory mandates or that are necessary for national security. Enhancing Surface Cyber Risk Management. TSA intends to issue a rulemaking that will permanently codify critical cybersecurity requirements for pipeline and rail modes of transportation. On January 28, 2021, the President issued the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Controls Systems. Consistent with this priority of the Administration and in response to the ongoing cybersecurity threat to surface transportation systems, TSA issued security directives to owners and operators of TSA-designated critical pipeline systems and facilities, E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11052 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda and higher-risk rail operations (freight, passenger, and mass transit) to implement several urgently needed protections against cyber intrusions. Through these directives, TSA has imposed measures to report cybersecurity incidents; designate a cybersecurity coordinator; review current cybersecurity measures; identify and report any gaps and related remediation measures to address cyberrelated risks; implement specific mitigation measures to protect against cyber-attacks; develop and implement a cybersecurity incident response plan; and develop an assessment program to proactively address and audit cybersecurity measures. TSA is committed to enhancing and sustaining cybersecurity for all modes of transportation and intends to issue a rulemaking that may codify these and other requirements. Vetting of Certain Surface Transportation Employees. Consistent with the Implementing Recommendations of the 9/11 Commission Act of 2007, TSA will propose a rule requiring security threat assessments for security coordinators and other frontline employees of certain public transportation agencies (including rail mass transit and bus systems), railroads (freight and passenger), and over-the-road bus owner/operators. The NPRM will also propose provisions to implement TSA’s statutory requirement to recover its cost of vetting through user fees. While many stakeholders conduct background checks on their employees, their actions are limited based upon the data they can access. Through this rule, TSA will be able to conduct a more thorough check against terrorist watch-lists of individuals in security-sensitive positions. Flight Training Security Program. TSA published an interim final rule in 2004 related to flight schools. The IFR requires flight schools to notify TSA when noncitizens, and other individuals designated by TSA, apply for flight training or recurrent training. TSA subsequently issued exemptions and interpretations in response to comments on the IFR and questions raised during operation of the program since 2004. TSA published a notice reopening the comment period on May 18, 2018. Based on the comments and questions received, TSA is finalizing the rule with modifications that may include changing the frequency of security threat assessments from a highfrequency event-based interval to a time-based interval, clarify the definitions and other provisions of the rule, and enable industry to use TSA- VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 provided electronic recordkeeping systems for all documents required to demonstrate compliance with the rule. These and other changes would provide significant cost-savings to the industry and individuals seeking flight training while also enhancing security. Amending Vetting Requirements for Employees With Access to a Security Identification Display Area. The FAA Extension, Safety, and Security Act of 2016 mandates that TSA consider modifications to the list of disqualifying criminal offenses and criteria, develop a waiver process for approving the issuance of credentials for unescorted access, and propose an extension of the look back period for disqualifying crimes. Based on these requirements, and current intelligence pertaining to the ‘‘insider threat,’’ TSA will propose a rule to revise current vetting requirements to enhance eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any Security Identification Display Area of an airport. United States Immigration and Customs Enforcement U.S. Immigration and Customs Enforcement (ICE) is the principal criminal investigative arm of DHS and one of the three Department components charged with the criminal and civil enforcement of the Nation’s immigration laws. Its primary mission is to protect national security, public safety, and the integrity of our borders through the criminal and civil enforcement of Federal law governing border control, customs, trade, and immigration. During the coming fiscal year, ICE will focus rulemaking efforts on regulations pertaining to processing improvements, including the rules mentioned below. Immigration Bond Notifications and Electronic Service. ICE is revising regulations that authorize the means to serve decisions and other notices inperson or by mail, to include electronic and other means of service. This rule is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government. Current regulations limit ICE to serve documents in-person, or by certified, registered, or ordinary mail, which is time consuming, inefficient, and unreliable. This interim final rule would enable ICE to issue and serve certain notices, decisions, and other documents electronically to noncitizens, PO 00000 Frm 00088 Fmt 4701 Sfmt 4702 parties, attorneys, or other persons of interest who voluntarily opt-in to be served electronically. The intent is to improve convenience, transparency, and provide quicker information and communication to both the public and the government. Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I–9). In August of 2022, ICE published a proposed rule that would revise employment eligibility verification regulations to allow the Secretary to authorize alternative document examination procedures in certain circumstances or with respect to certain employer. As explained in the rule, future exercises of such authority may reduce burdens on employers and employees while maintaining the integrity of the employment verification process. DHS will complete this rulemaking following review of public comments received. This rulemaking is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government. Cybersecurity and Infrastructure Security Agency The Cybersecurity and Infrastructure Security Agency (CISA) is responsible for leading the national effort to develop cybersecurity and critical infrastructure security programs, operations, and associated policy to enhance the security and resilience of physical and cyber infrastructure. Ammonium Nitrate Security Program. This rule implements a 2007 amendment to the Homeland Security Act. The amendment requires DHS to ‘‘regulate the sale and transfer of ammonium nitrate facility . . . to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.’’ CISA published an Notice of Proposed Rulemaking in 2011. CISA is planning to issue a Supplemental Notice of Proposed Rulemaking. Chemical Facility Anti-Terrorism Standards (CFATS). This rule would update CFATS’ Risk Based Performance Standards to enhance cybersecurity requirements, modify the counting rules associated with release-flammable chemicals, remove release-explosive chemicals, and adjust the Screening Threshold Quantities of Appendix A to account for the updated risk analysis methodology. CISA previously invited public comment on an Advance Notice of Proposed Rulemaking (ANPRM) E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda during August 2014 for potential revisions to the CFATS regulations. The ANPRM provided an opportunity for the public to provide recommendations for possible program changes. In June 2020, CISA published for public comment a retrospective analysis of the CFATS program. And in January 2021, CISA invited additional public comment through an ANPRM concerning the removal of certain explosive chemicals from CFATS. CISA intends to address many of the subjects raised in both ANPRMs and the retrospective analysis in this regulatory action, including potential updates to CFATS cybersecurity requirements and Appendix A to the CFATS regulations. CISA is planning to issue a notice of proposed rulemaking. A more detailed description of the priority regulations that comprise the DHS regulatory plan follows DHS—U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 90. Victims of Qualifying Criminal Activities; Eligibility Requirements for U Nonimmigrant Status and Adjustment of Status [1615–AA67] Priority: Other Significant. Legal Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 8 U.S.C. 1101; 8 U.S.C. 1101 (note); 8 U.S.C. 1102; Pub. L. 113–4 CFR Citation: 8 CFR 214; 8 CFR 274a; 8 CFR 103; 8 CFR 299. Legal Deadline: None. Abstract: This proposed rule would clarify and update eligibility, procedural, and filing requirements for U nonimmigrant status (commonly known as the ‘‘U’’ visa) and adjustment of status for U nonimmigrants. U nonimmigrant status is for noncitizen victims of certain qualifying criminal activities who have been, are being, or are likely to be helpful in the investigation or prosecution of those crimes and eligible family members. There is a statutory limit of 10,000 U visas per year for principal petitioners. DHS published an interim final rule in 2007 (72 FR 53013) to establish the procedures to be followed in order to petition the U nonimmigrant status and published an interim final rule in 2008 (73 FR 75540) to establish the procedures for applying for adjustment of status as a U nonimmigrant, and this rule would address relevant comments and stakeholder feedback received since publication of those interim final rules, as well as update the regulations for changes in legislation. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Statement of Need: This regulation is necessary to allow noncitizen victims of certain crimes to petition for U nonimmigrant status and to adjust status to that of a lawful permanent resident. The U classification is for noncitizen victims of certain qualifying criminal activities who have been, are being, or are likely to be helpful in the investigation or prosecution of those crimes. This rule would address the eligibility requirements that must be met for classification as a U nonimmigrant and implements statutory amendments to these requirements, streamlines the procedures to petition for U nonimmigrant status, provides evidentiary guidance to assist in the petition process, and clarifies adjustment of status requirements. Summary of Legal Basis: This regulation is necessary to allow noncitizen victims of certain crimes to petition for U nonimmigrant status and to adjust status to that of a lawful permanent resident. The U classification is for noncitizen victims of certain qualifying criminal activities who have been, are, or are likely to be helpful in the investigation or prosecution of those crimes. This rule would address the eligibility requirements that must be met for classification as a U nonimmigrant and implements statutory amendments to these requirements, streamlines the procedures to petition for U nonimmigrant status, provides evidentiary guidance to assist in the petition process, and clarifies adjustment of status requirements. Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: Action Date Interim Final Rule Interim Final Rule Effective. Interim Final Rule Comment Period End. NPRM .................. 09/17/07 10/17/07 FR Cite 72 FR 53013 11/17/07 07/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Federal, Local, State. Additional Information: Transferred from RIN 1115–AG39. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian Affairs, OP&S, Department of Homeland PO 00000 Frm 00089 Fmt 4701 Sfmt 4702 11053 Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 20746, Phone: 240 721–3000. RIN: 1615–AA67 DHS—USCIS 91. Improving the Regulations Governing the Adjustment of Status to Lawful Permanent Residence and Related Immigration Benefits [1615– AC22] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 8 U.S.C. 1101; 8 U.S.C. 1103(a); 8 U.S.C. 1153 to 1155; 8 U.S.C 1160; 8 U.S.C 1254a; 8 U.S.C. 1255 and 1324a; . . . CFR Citation: 8 CFR 204.5; 8 CFR 204.12; 8 CFR 205.1; 8 CFR 209.1; 8 CFR 209.2; 8 CFR 244.15; 8 CFR 245.1; 8 CFR 245.2; 8 CFR 245.5; 8 CFR 245.11; 8 CFR 245.15; 8 CFR 245.18; 8 CFR 249.2; 8 CFR 264.2; 8 CFR 274a.12; . . . Legal Deadline: None. Abstract: The Department of Homeland Security (DHS) proposes to amend its regulations governing adjustment of status to lawful permanent residence in the United States. The proposed changes include permitting concurrent filing of a visa petition and the application for adjustment of status for the employment-based 4th preference (certain special immigrants) category, including religious workers; permitting the transfer of underlying basis of a pending adjustment of status application; amending the definition relating to ineligibilities under section 245(c) of the INA; changing the age calculation under the Child Status Protection Act; and authorizing employment authorization for certain derivative beneficiaries waiting for immigrant visa availability when they present compelling circumstances. DHS also proposes to amend the regulations relating to temporary protected status and travel authorization and the impact on the adjustment of status eligibility. The intent of these proposed changes is to reduce processing times, improve the quality of inventory data provided to partner agencies, reduce the potential for visa retrogression, and promote the efficient use of immediately available immigrant visas. Statement of Need: This rulemaking is necessary to address outdated regulations and to improve the efficiency and the administration of the adjustment of status of immigrants to E:\FR\FM\22FEP2.SGM 22FEP2 11054 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lawful permanent residence in the United States, improve the quality of inventory data that DHS provides to agencies, reduce the potential for visa retrogression, and promote the efficient use of immediately available immigrant visas. This proposed rule would revise travel authorization regulations for temporary protected status beneficiaries and clarify the impact on adjustment of status eligibility. This rule also changes eligibility requirements for certain classifications for what constitutes compelling circumstances for employment authorization. Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: Action Date NPRM .................. FR Cite 07/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Mark Phillips, Residence and Naturalization Division Chief, Department of Homeland Security, U.S. Citizenship and Immigration Services, Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588–0009, Phone: 240 721–3000. RIN: 1615–AC22 lotter on DSK11XQN23PROD with PROPOSALS2 DHS—USCIS 92. Particular Social Group and Related Definitions and Interpretations for Asylum and Withholding of Removal [1615–AC65] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C. 1225; 8 U.S.C. 1231 and 1231 (note); E.O. 14010; 86 FR 8267 (Feb. 2, 2021) CFR Citation: 8 CFR 2; 8 CFR 208; 8 CFR 1208. Legal Deadline: None. Abstract: This rule proposes to amend Department of Homeland Security (DHS) and Department of Justice (DOJ) (collectively, ‘‘the Departments’’) regulations that govern eligibility for asylum and withholding of removal. The amendments focus on portions of the regulations that deal with the definitions of membership in a particular social group and the interpretation of various other elements VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 of eligibility for asylum, including some that are often determinative in particular social group claims, such as the requirements for failure of State protection, and determinations about whether persecution is on account of a protected ground. The rule will also propose to modify or rescind portions of the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review final rule (RINs 1125–AA94 and 1615–AC42). This rule is consistent with Executive Order 14010 of February 2, 2021, which directs the Departments to promulgate joint regulations, consistent with applicable law, addressing the circumstances in which a person should be considered a member of a particular social group. Statement of Need: The Departments propose this rule to clarify standards governing numerous elements of eligibility for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, and protection from removal under the regulations that implement U.S. obligations in immigration cases under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The rule proposes to rescind certain provisions of the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review final rule, which had addressed many of the same issues. See 85 FR 80274. The previous rule was the subject of multiple suits challenging the rule on numerous procedural and substantive grounds, and was preliminarily enjoined before it became effective. Pangea Legal Servs. v. U.S. Dep’t of Homeland Sec., 512 F. Supp. 3d 966, 977 (N.D. Cal. 2021). In some circumstances the Departments have decided to republish changes made in the Global Asylum Rule without amendment. The purpose of doing so is to remedy any alleged procedural deficiencies with the enactment of those provisions. In other instances, the Departments now propose different provisions with the goal of adopting clearer and simpler analyses that would reduce burdens on adjudicators and applicants, and result in more consistent and accurate adjudications. The Departments believe that the existing standards governing these issues have become confusing, overly complex, and subject to inconsistent interpretations among adjudicators and across federal circuit courts on numerous issues. The Departments propose this rule to rectify these problems. PO 00000 Frm 00090 Fmt 4701 Sfmt 4702 Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: Action NPRM .................. Date FR Cite 03/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Undetermined. Federalism: Undetermined. International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 20746, Phone: 240 721–3000. Related RIN: Related to 1615–AC42, Related to 1125–AB13, Related to 1125– AA94 RIN: 1615–AC65 DHS—USCIS 93. U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements [1615–AC68] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 8 U.S.C. 1356(m), (n) CFR Citation: 8 CFR 103; 8 CFR 106. Legal Deadline: None. Abstract: DHS will propose to adjust the fees charged by U.S. Citizenship and Immigration Services (USCIS) for immigration and naturalization benefit requests. On August 3, 2020, DHS adjusted the fees USCIS charges for immigration and naturalization benefit requests, imposed new fees, revised certain fee waiver and exemption policies, and changed certain application requirements via the rule ‘‘USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Request Requirements.’’ DHS has been preliminarily enjoined from implementing that rule by court order. This rule would rescind and replace the changes made by the August 3, 2020, rule and establish new USCIS fees to recover USCIS operating costs. Statement of Need: USCIS projects that its costs of providing immigration adjudication and naturalization services will exceed the financial resources E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda available to it under its existing fee structure. DHS proposes to adjust the USCIS fee structure to ensure that USCIS recovers the costs of meeting its operational requirements. The CFO Act requires each agency’s chief financial officer to ‘‘review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.’’ Summary of Legal Basis: INA 286(m) and (n), 8 U.S.C. 1356(m) and (n), authorize the Attorney General and Secretary of Homeland Security to recover the full cost of providing immigration adjudication and naturalization services by establishing and collecting fees deposited into the Immigration Examinations Fee Account. Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: Action Date NPRM .................. published final rules amending their respective regulations governing bars to asylum eligibility and procedures, including the Procedures for Asylum and Bars to Asylum Eligibility (RINs 1125–AA87 and 1615–AC41), 85 FR 67202 (Oct. 21, 2020), and Asylum Eligibility and Procedural Modifications (RINs 1125–AA91 and 1615–AC44), 85 FR 82260 (Dec. 17, 2020), final rules. The Departments will propose to modify or rescind the regulatory changes promulgated in these two final rules consistent with Executive Order 14010 (Feb. 2, 2021). Statement of Need: The Departments are reviewing these regulations in light of the issuance of Executive Order 14010 and Executive Order 14012. This rule is needed to restore and strengthen the asylum system and to address inconsistencies with the goals and principles outlined in Executive Order 14010 and Executive Order 14012. Anticipated Cost and Benefits: The Departments are currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: FR Cite Action 12/00/22 Date NPRM .................. Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations. Government Levels Affected: None. Agency Contact: Kika Scott, Chief Financial Officer, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588–0009, Phone: 240 721–3000. RIN: 1615–AC68 FR Cite 05/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 20746, Phone: 240 721–3000. Related RIN: Related to 1125–AA87, Split from 1615–AC41, Related to 1125– AA91, Related to 1615–AC44, Related to 1125–AB12 RIN: 1615–AC69 lotter on DSK11XQN23PROD with PROPOSALS2 DHS—USCIS 94. Bars to Asylum Eligibility and Related Procedures [1615–AC69] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: Homeland Security Act of 2002, Pub. L. 107–296, 116 Stat. 2135, sec. 1102, as amended; 8 U.S.C. 1103(a)(1); 8 U.S.C. 1103(a)(3); 8 U.S.C. 1103(g); 8 U.S.C. 1225(b); 8 U.S.C. 1231(b)(3) and 1231 (note); 8 U.S.C. 1158 CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 1003; 8 CFR 1208; 8 CFR 1235. Legal Deadline: None. Abstract: In 2020, the Department of Homeland Security and Department of Justice (collectively, the Departments) VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 DHS—USCIS 95. Modernization and Reform of the H–2 Programs [1615–AC76] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 8 U.S.C. 1103(a)(3); 8 U.S.C. 1001(a)(15)(H)(ii)(a) and (b); 8 U.S.C. 1184(a), (c) and (g) CFR Citation: 8 CFR 214; 8 CFR 274a. Legal Deadline: None. Abstract: DHS plans to issue a notice of proposed rulemaking that will modernize and reform the H–2A and H– 2B nonimmigrant worker programs. DHS will propose to incorporate PO 00000 Frm 00091 Fmt 4701 Sfmt 4702 11055 policies that produce program efficiencies, address current aspects of the program that may unintentionally result in exploitation or other abuse of persons seeking to come to this country as H–2A and H–2B workers, build upon existing protections against prohibited payments or other assessment of fees and/or salary deductions by H–2A and H–2B workers in connection with recruitment and/or employment, and otherwise add protections for workers. This rule would not revise the temporary labor certification process or the regulations contained in 20 CFR part 655 or 29 CFR part 501 and 503. Statement of Need: This rulemaking is needed to enhance protections for workers and better ensure the integrity of the H–2A and H–2B programs. In addition, this proposed rule is necessary to improve H–2 program efficiencies and remove certain barriers to program access. Summary of Legal Basis: The Immigration and Nationality Act (INA) charges the Secretary of Homeland Security with the administration and enforcement of the immigration laws and provides that the Secretary shall establish such regulations and perform such other acts as he deems necessary for carrying out his authority under the INA. See INA section 103(a)(1),(3), 8 U.S.C. 1103(a)(1), (3). In addition, the Homeland Security Act of 2002, also charges the Secretary with establishing and administering rules governing the granting of visas or other forms of permission to enter the United States to individuals who are not a citizen, or an alien lawfully admitted for permanent residence in the United States. See Public Law 107–296, 116 Stat. 2135, 6 U.S.C. 202(4). With respect to nonimmigrants in particular, the INA provides that the admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Secretary may by regulations prescribe. See INA section 214(a)(1), 8 U.S.C. 1184(a)(1). The INA also tasks DHS with approving petitions filed by the importing employers of nonimmigrants, including those in the H nonimmigrant visa classification, before a nonimmigrant visa may be granted. See INA section 214(c)(1), 8 U.S.C. 1184(c)(1). Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: E:\FR\FM\22FEP2.SGM 22FEP2 11056 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Action Date NPRM .................. FR Cite 09/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Charles Nimick, Chief, Business and Foreign Workers Division, Office of Policy and Strategy, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588–0009, Phone: 240 721–3000. RIN: 1615–AC76 DHS—USCIS lotter on DSK11XQN23PROD with PROPOSALS2 96. • Citizenship and Naturalization and Other Related Flexibilities [1615– AC80] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: sec. 102 of the Homeland Security Act of 2002; 6 U.S.C. 112(a)(3); 8 U.S.C. 1101; 8 U.S.C. 1103; 8 U.S.C. 1151; 8 U.S.C. 1153; 8 U.S.C. 1154; 8 U.S.C. 1159; 8 U.S.C. 1182; 8 U.S.C. 1255; 8 U.S.C. 1401; 8 U.S.C. 1409; 8 U.S.C. 1421; 8 U.S.C. 1423; 8 U.S.C. 1427; 8 U.S.C. 1429 to 1431; 8 U.S.C. 1433; 8 U.S.C. 1435; 8 U.S.C. 1438 to 1440; 8 U.S.C. 1443; 8 U.S.C. 1445 to 1449; 8 U.S.C. 1452; 8 U.S.C. 1454; 8 U.S.C. 1481 CFR Citation: 8 CFR 1.2; 8 CFR 103; 8 CFR 106; 8 CFR 204; 8 CFR 209; 8 CFR 245; 8 CFR 300; 8 CFR 306; 8 CFR 312; 8 CFR 316; 8 CFR 318; 8 CFR 319; 8 CFR 320; 8 CFR 322; 8 CFR 324; 8 CFR 329; 8 CFR 333; 8 CFR 334; 8 CFR 335; 8 CFR 336; 8 CFR 337; 8 CFR 338; 8 CFR 339; 8 CFR 341; 8 CFR 343a; 8 CFR 349; . . . Legal Deadline: None. Abstract: The Department of Homeland Security (DHS) will propose to amend its regulations governing citizenship and naturalization. This includes clarifying the testing requirements, updating eligibility requirements, and proposing amendments to clarify definitions. DHS will also propose removing certain outdated provisions and amending other provisions to align with current statutory framework, such as updating the adoption-related regulatory provisions consistent with the Intercountry Adoption Universal Accreditation Act of 2012. Statement of Need: These proposed changes, some of which were requested VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 by the public, are needed to improve the efficiency, effectiveness, accessibility, uniformity, and consistency of adjudications. Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: Action Date NPRM .................. FR Cite 07/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Mark Phillips, Residence and Naturalization Division Chief, Department of Homeland Security, U.S. Citizenship and Immigration Services, Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588–0009, Phone: 240 721–3000. RIN: 1615–AC80 DHS—USCIS 97. • Relief Under the Violence Against Women Act of 1994 and Subsequent Legislation [1615–AC81] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 8.U.S.C. 1103; 8 U.S.C. 1154; 8 U.S.C. 1155; 8 U.S.C. 1182; 8 U.S.C. 1183a; 8 U.S.C. 1186; 8 U.S.C. 1324a; 8 U.S.C. 1225; 8 U.S.C. 1255; . . . CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 205; 8 CFR 213a; 8 CFR 216; 8 CFR 245; 8 CFR 274a; . . . Legal Deadline: None. Abstract: This proposed rule would amend regulations governing selfpetitions for immigrant classification and related relief available to certain spouses, children, and parents who have been subjected to battery or extreme cruelty by their U.S. citizen spouses, parents, sons, or daughters, or lawful permanent resident spouses or parents. DHS also proposes to amend regulations governing petitions to remove conditions on permanent residence in which conditional permanent residents (CPR) request a waiver of the joint filing requirement due to battery or extreme cruelty by their U.S. citizen or lawful permanent resident (LPR) spouses or parents. Statement of Need: The Violence Against Women Act of 1994 (VAWA) provides noncitizens who have been PO 00000 Frm 00092 Fmt 4701 Sfmt 4702 abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. Current VAWA regulations, which were codified to implement the Immigration Act of 1990 and the Violence Against Women Act of 1994, were published in the Federal Register on May 16, 1991, and March 26, 1996. Subsequently, Congress has reauthorized VAWA through the Victims of Trafficking and Violence Protection Act of 2000, the Violence Against Women and Department of Justice Reauthorization Act of 2005 and the Violence Against Women and Department of Justice Reauthorization Act of 2005 Technical Amendments, and the Violence Against Women Reauthorization Act of 2013. This rule is necessary to update USCIS regulations to comport with these subsequent reauthorizations of VAWA. The amendments contained in this proposed rule would reflect the subsequent legislative enactments and incorporate current USCIS policy. Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: Action NPRM .................. Date FR Cite 09/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 20746, Phone: 240 721–3000. RIN: 1615–AC81 DHS—USCIS Final Rule Stage 98. Security Bars and Processing [1615– AC57] Priority: Other Significant. Legal Authority: Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (‘‘IIRIRA’’), Pub. L. 104–208, 110 Stat. 3009, sec. 604(a) (codified at INA 208(b)(2)(C), 8 U.S.C. 1158(b)(2)(C)); INA 241(b)(3)(B), 8 U.S.C. 1231(b)(3)(B); Foreign Affairs E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Reform and Restructuring Act (‘‘FARRA’’), Pub. L. 105–277, 112 Stat. 2681–822, sec. 2242 (1998); INA 235(b), 8 U.S.C. 1225(b) CFR Citation: 8 CFR 208; 8 CFR 1208. Legal Deadline: None. Abstract: On December 23, 2020, DHS and the DOJ (collectively, the Departments) published a final rule to clarify that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal encompasses certain emergency public health concerns and make certain other changes. As of December 28, 2021, the rule’s effective date was delayed to December 31, 2022. The Departments plan to further delay the effective date and to propose modification or withdrawal of the December 23, 2020, rule. Statement of Need: The Departments are reviewing and reconsidering whether the Security Bars and Processing final rule is consistent with the goals of ensuring the safe and orderly reception and processing of asylum seekers consistent with public health and safety, with the additional context of the complex relationship between the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review final rule (RINs 1125–AA94 and 1615–AC42) and the Security Bars rule. The Departments are reevaluating whether the Security Bars rule provides the most appropriate and effective framework for achieving its goals of mitigating the spread of communicable diseases, including COVID–19, among certain noncitizens in the credible fear screening process, as well as DHS personnel and the public. Based on such reconsideration, the Departments will publish rules to delay the effective date of the Security Bars rule and propose to modify or withdraw the Security Bars rule. Anticipated Cost and Benefits: DHS is currently considering the specific cost and benefit impacts of the proposed provisions. Timetable: lotter on DSK11XQN23PROD with PROPOSALS2 Action Date NPRM .................. NPRM Comment Period End. Final Action ......... Final Action Effective. Final Rule; Delay of Effective Date. Final Rule; Effective Date Delayed Until. Interim Final Rule; Delay of Effective Date. VerDate Sep<11>2014 FR Cite 07/09/20 08/10/20 85 FR 41201 12/23/20 01/22/21 85 FR 84160 01/25/21 86 FR 6847 03/22/21 03/22/21 18:12 Feb 21, 2023 86 FR 15069 Jkt 259001 Action Date Interim Final Rule Comment Period End. Interim Final Rule Effective Date Delayed Until. Interim Final Rule; Delay of Effective Date. Interim Final Rule Comment Period End. Interim Final Rule Effective Date Delayed Until. NPRM .................. Interim Final Rule; Delay of Effective Date. FR Cite 04/21/21 12/31/21 12/28/21 86 FR 73615 02/28/22 12/31/22 02/00/23 12/00/22 NPRM .................. DHS—U.S. COAST GUARD (USCG) Proposed Rule Stage 99. Cybersecurity in the Marine Transportation System [1625–AC77] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 46 U.S.C. 70101; 46 U.S.C. 70102; 46 U.S.C. 70104; 46 U.S.C. 70124; . . . CFR Citation: 33 CFR 101; . . . Legal Deadline: None. Abstract: The Coast Guard proposes to update its maritime security regulations by adding cybersecurity requirements to existing Maritime Security regulations in 33 CFR part 101 et seq. This proposed rulemaking is part of an ongoing effort to address emerging cybersecurity risks and threats to maritime security by including additional security requirements to safeguard the marine transportation system. Statement of Need: The purpose of this rulemaking is to set minimum cybersecurity requirements for vessels and facilities to safeguard the Marine PO 00000 Frm 00093 Fmt 4701 Transportation System (MTS) from cybersecurity vulnerabilities. Summary of Legal Basis: The Coast Guard exercises the Maritime Transportation Security Act of 2002 (MTSA) authorities of Chapter 701 of Title 46 of the U.S. Code. This includes the authority to promulgate Chapter 701 regulations under 46 U.S.C. 70124. This statute provides that the DHS Secretary may issue regulations necessary to implement Chapter 701 of Title 46. Anticipated Cost and Benefits: The regulatory analysis for the proposed rule is still being developed. Timetable: Action Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Ashley CaudillMirillo, Acting Asylum Division, Office of Refugee, Asylum, and International Operations, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 20746, Phone: 240 721–3000. Related RIN: Related to 1125–AB08, Related to 1615–AC69 RIN: 1615–AC57 Sfmt 4702 11057 Date FR Cite 06/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Agency Contact: Frank Strom, Chief, Systems Engineering Division (CG– ENG–3), Department of Homeland Security, U.S. Coast Guard, Office of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue SE, STOP 7509, Washington, DC 20593– 7509, Phone: 202 372–1375, Email: frank.a.strom@uscg.mil. RIN: 1625–AC77 DHS—USCG 100. MARPOL Annex VI; Prevention of Air Pollution From Ships [1625–AC78] Priority: Other Significant. Legal Authority: 33 U.S.C. 1903 CFR Citation: 33 CFR 151. Legal Deadline: None. Abstract: The Coast Guard is proposing regulations to carry out the provisions of Annex VI of the MARPOL Protocol, which is focused on the prevention of air pollution from ships. The Act to Prevent Pollution from Ships has already given direct effect to most provisions of Annex VI, and the Coast Guard and the Environmental Protection Agency have carried out some Annex VI provisions through previous rulemakings. This proposed rule would fill gaps in the existing framework for carrying out the provisions of Annex VI. Chapter 4 of Annex VI contains shipboard energy efficiency measures that include short-term measures reducing carbon emissions linked to climate change and supports Administration goals outlined in Executive Order 14008 titled Tackling the Climate Crisis at Home and Abroad. This proposed rule would apply to U.S.flagged ships. It would also apply to E:\FR\FM\22FEP2.SGM 22FEP2 11058 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 foreign-flagged ships operating either in U.S. navigable waters or in the U.S. Exclusive Economic Zone. Statement of Need: The Coast Guard is proposing regulations to carry out the provisions of Annex VI of the MARPOL Protocol, which is focused on the prevention of air pollution from ships. The Act to Prevent Pollution from Ships has already given direct effect to most provisions of Annex VI, and the Coast Guard and the Environmental Protection Agency have carried out some Annex VI provisions through previous rulemakings. This proposed rule would fill gaps in the existing framework for carrying out the provisions of Annex VI and explain how the United States has chosen to carry out certain discretionary aspects of Annex VI. This proposed rule would apply to U.S.-flagged ships. And it would also apply to foreign-flagged ships operating in U.S. navigable waters or in the U.S. Exclusive Economic Zone. Summary of Legal Basis: Section 4 of the Act to Prevent Pollution from Ships (Pub. L. 96–478, Oct. 21, 1980, 94 Stat 2297), as reflected in 33 U.S.C. 1903, directs the Secretary of Homeland Security to prescribe any necessary or desired regulations to carry out the provisions of the MARPOL Protocol. The ‘‘MARPOL Protocol’’ is defined in 33 U.S.C. 1901 and includes Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973. Anticipated Cost and Benefits: USCG anticipates the costs for the proposed rule to come primarily from additional labor for 5 requirements including overseeing surveys; developing and maintaining a fuel-switching procedure; recording various data during each fuel switching; developing and managing a Volatile organic compounds (VOC) management plan; crew member to calculate and report the attained Energy Efficient Design Index (EEDI) of the vessel, and crew member to develop and maintain the Ship Energy Efficiency Management Plan (SEEMP). USCG expects the proposed rule to have unquantified benefits from reduction in fatalities and injuries due to pollutant in engine emissions, and also reduced risk of retaliation due to breaching international agreement. Timetable: Action Date NPRM .................. FR Cite 10/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Federalism: Undetermined. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Agency Contact: Frank Strom, Chief, Systems Engineering Division (CG– ENG–3), Department of Homeland Security, U.S. Coast Guard, Office of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue SE, STOP 7509, Washington, DC 20593– 7509, Phone: 202 372–1375, Email: frank.a.strom@uscg.mil. RIN: 1625–AC78 DHS—U.S. CUSTOMS AND BORDER PROTECTION (USCBP) Proposed Rule Stage 101. Advance Passenger Information System: Electronic Validation of Travel Documents [1651–AB43] Priority: Other Significant. Legal Authority: 49 U.S.C. 44909; 8 U.S.C. 1221 CFR Citation: 19 CFR 122. Legal Deadline: None. Abstract: U.S. Customs and Border Protection (CBP) regulations require commercial air carriers to electronically transmit passenger information to CBP’s Advance Passenger Information System (APIS) prior to an aircraft’s arrival in or departure from the United States. CBP proposes to amend these regulations to incorporate additional carrier requirements that will enable CBP to validate each passenger’s travel documents prior to the passenger boarding the aircraft. This proposed rule would also require air carriers to transmit additional data elements through APIS for all commercial aircraft passengers arriving in the United States in order to support border operations and national security. The collection of additional data elements will support the efforts of the Centers for Disease Control, within the Department of Health and Human Services, to monitor and contact-trace health incidents. This rule is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government. Statement of Need: Current regulations require U.S. citizens and foreign travelers entering and leaving the United States via air travel to submit travel documents containing biographical information, such as a passenger’s name and date of birth. For security purposes, CBP compares the information on passengers’ documents to various databases and the terrorist watch list through APIS. While in the case of security threats CBP may require PO 00000 Frm 00094 Fmt 4701 Sfmt 4702 an air carrier to deny boarding to the passenger. CBP recommends that air carriers deny boarding to those likely to be deemed inadmissible upon arrival in the United States. To further improve CBP’s vetting processes with respect to identifying and preventing passengers with fraudulent or improper documents from traveling to or leaving the United States, CBP proposes to require carriers to receive from CBP a message that would state whether CBP matched the travel documents of each passenger to a valid, authentic travel document prior to departure to the United States from a foreign port or place or departure from the United States. The proposed rule also would require carriers to submit passenger contact information while in the United States to CBP through APIS. Submission of such information would enable CBP to identify and interdict individuals posing a risk to border, national, and aviation safety and security more quickly. Collecting these additional data elements would also enable CBP to further assist CDC to monitor and trace the contacts of those involved in serious public health incidents upon CDC request. Additionally, the proposed rule would allow carriers to include the aircraft tail number in their electronic messages to CBP and make technical changes to conform with current practice. Anticipated Cost and Benefits: The proposed rule would result in costs to CBP, air carriers, and passengers for additional time spent coordinating to resolve a passenger’s status should there be a security issue upon checking in for a flight. In addition, CBP will incur costs for technological improvements to its systems. CBP, air carriers, and passengers would benefit from reduced passenger processing times during customs screening. Unquantified benefits would result from greater efficiency in passenger processing preflight, improved national security, and fewer penalties for air carriers following entry denial of a passenger. Timetable: Action NPRM .................. Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Robert Neumann, Program Manager, Office of Field Operations, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 412–2788, Email: robert.m.neumann@ cbp.dhs.gov. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda RIN: 1651–AB43 DHS—TRANSPORTATION SECURITY ADMINISTRATION (TSA) Prerule Stage 102. Enhancing Surface Cyber Risk Management [1652–AA74] Priority: Other Significant. Legal Authority: 49 U.S.C. 114 CFR Citation: 49 CFR 1570. Legal Deadline: None. Abstract: On July 28, 2021, the President issued the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems. In response to the ongoing threat to pipeline systems, TSA used its authority under 49 U.S.C. 114 to issue emergency security directives to owners and operators of TSA-designated critical pipelines that transport hazardous liquids and natural gas to implement a number of urgently needed protections against cyber intrusions. TSA also issued security directives in the freight, passenger, and transit-rail sectors under the same statutory authority. TSA is committed to enhancing and sustaining industry’s resilience to cybersecurity attacks. TSA intends to issue a rulemaking that will permanently codify critical cybersecurity requirements for pipeline and rail modes. Statement of Need: This rulemaking is necessary to address the ongoing cybersecurity threat to U.S. transportation modes. Anticipated Cost and Benefits: TSA is in the process of determining the costs and benefits of this rulemaking. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 ANPRM ............... ANPRM Comment Period End. 11/30/22 01/17/23 FR Cite 87 FR 73527 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Agency Contact: Victor Parker, Chief, Policy Development Section, Surface Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598–6028, Phone: 571 227–3664, Email: victor.parker@tsa.dhs.gov. James Ruger, Chief Economist, Economic Analysis BranchCoordination & Analysis Division, Department of Homeland Security, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598–6028, Phone: 571 227–5519, Email: james.ruger@tsa.dhs.gov. David Kasminoff, Senior Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Chief Counsel’s Office, 6595 Springfield Center Drive, Springfield, VA 20598– 6002, Phone: 571 227–3583, Email: david.kasminoff@tsa.dhs.gov. RIN: 1652–AA74 transportation, and over-the-road bus employees covered under the rule will result in costs to TSA and to industry. TSA is proposing to establish fees to recover vetting costs. TSA also anticipates ancillary costs (e.g., updating contact information, compliance inspections) associated with compliance with the rule. Anticipated benefits include reducing security risks by identifying and/or mitigating potential insider threats through vetting. Timetable: Action NPRM .................. DHS—TSA Proposed Rule Stage 103. Vetting of Certain Surface Transportation Employees [1652–AA69] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 49 U.S.C. 114; Public Law 108–90, sec. 520; Pub. L. 110–53, secs. 1411, 1414, 1512, 1520, 1522, and 1531 CFR Citation: Not Yet Determined. Legal Deadline: Other, Statutory, August 3, 2008, Background and immigration status check for all public transportation frontline employees is due no later than 12 months after date of enactment. Sections 1411 and 1520 of Public Law 110–53, Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), (121 Stat. 266, Aug. 3, 2007), require background checks of frontline public transportation and railroad employees not later than one year from the date of enactment. Requirement will be met through regulatory action. Abstract: The 9/11 Act requires vetting of certain railroad, public transportation, and over-the-road bus employees. Also, 6 U.S.C. 469 requires TSA to collect fees to recover the costs of the vetting services. Through this rulemaking, the Transportation Security Administration (TSA) intends to propose the standards and procedures to conduct the required vetting and recover costs. This regulation is related to 1652–AA55, Security Training for Surface Transportation Employees. Statement of Need: Employee vetting is an important and effective tool for averting or mitigating potential attacks by those with malicious intent who may target surface transportation and plan or perpetrate actions that may cause significant injuries, loss of life, or economic disruption. Anticipated Cost and Benefits: The vetting of freight rail, public PO 00000 Frm 00095 Fmt 4701 Sfmt 4702 11059 Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Businesses. Government Levels Affected: Local. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Victor Parker, Chief, Policy Development Section, Surface Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans and Engagement, 6595 Springfield Center Drive, Springfield, VA 20398–6028, Phone: 571 227–3664, Email: victor.parker@tsa.dhs.gov. James Ruger, Chief Economist, Economic Analysis BranchCoordination & Analysis Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598–6028, Phone: 571 227–5519, Email: james.ruger@tsa.dhs.gov. Christine Beyer, Senior Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Chief Counsel’s Office, 6595 Springfield Center Drive, Springfield, VA 20598– 6002, Phone: 571 227–3653, Email: christine.beyer@tsa.dhs.gov. Related RIN: Related to 1652–AA55, Related to 1652–AA56 RIN: 1652–AA69 DHS—TSA 104. Amending Vetting Requirements for Employees With Access to a Security Identification Display Area (SIDA) [1652–AA70] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: Pub. L. 114–190, sec. 3405 E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11060 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda CFR Citation: 49 CFR 1542.209; 49 CFR 1544.229. Legal Deadline: Final, Statutory, January 11, 2017, Rule for individuals with unescorted access to any Security Identification Display Area (SIDA) due 180 days after date of enactment. Section 3405 of title III of the FAA Extension, Safety, and Security Act of 2016 (FESSA) Extension, Public Law 114–190 (130 Stat. 615, July 15, 2016), requires the Transportation Security Administration (TSA) to revise the regulations issued under 49 U.S.C. 44936 within 180 days after the date of enactment. Abstract: As required by the FESSA, TSA will propose a rule to revise its regulations, reflecting current knowledge of insider threat and intelligence, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport. Consistent with the statutory mandate, TSA will consider adding to the list of disqualifying criminal offenses and criteria, develop an appeal and waiver process for the issuance of credentials for unescorted access, and propose an extension of the lookback period for disqualifying crimes. As part of TSA’s reevaluation of the eligibility and redress standards for aviation workers required by the Act, TSA is also reevaluating the current vetting process to minimize any security risks that may exist. Statement of Need: Employee vetting is an important and effective tool for averting or mitigating potential attacks by those with malicious intent who wish to target aviation and plan or perpetrate actions that may cause significant injuries, loss of life, or economic disruption. Enhancing eligibility standards for airport workers will improve transportation and national security. Anticipated Cost and Benefits: TSA anticipates costs associated with implementing and administering revised aspects of aviation vetting including potential changes to the list of disqualifying criminal offenses, the lookback period for convictions, and new waiver eligibility. Anticipated benefits include reducing security risks through enhanced vetting of aviation workers while also providing greater flexibility and access through waivers as well as increased efficiencies of the vetting process. Timetable: Action Date NPRM .................. VerDate Sep<11>2014 FR Cite 11/00/23 18:12 Feb 21, 2023 Jkt 259001 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Kevin Knott, Branch Manager, Airports Policy BranchAviation Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598– 6028, Phone: 571 227–4370, Email: kevin.knott@tsa.dhs.gov. James Ruger, Chief Economist, Economic Analysis BranchCoordination & Analysis Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598–6028, Phone: 571 227–5519, Email: james.ruger@tsa.dhs.gov. Christine Beyer, Senior Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Chief Counsel’s Office, 6595 Springfield Center Drive, Springfield, VA 20598– 6002, Phone: 571 227–3653, Email: christine.beyer@tsa.dhs.gov. Related RIN: Related to 1652–AA11 RIN: 1652–AA70 DHS—TSA Final Rule Stage 105. Flight Training Security Program [1652–AA35] Priority: Other Significant. Legal Authority: 6 U.S.C. 469(b); 49 U.S.C. 114; 49 U.S.C. 44939; 49 U.S.C. 46105 CFR Citation: 49 CFR 1552. Legal Deadline: Final, Statutory, February 10, 2004, sec. 612(a) of Vision 100 requires the Transportation Security Administration (TSA) to issue an interim final rule within 60 days of enactment of Vision 100. Requires TSA to establish a process to implement the requirements of section 612(a) of Vision 100-Century of Aviation Reauthorization Act (Pub. L. 108–176, 117 Stat. 2490, Dec. 12, 2003) (Vision 100 Act), including the fee provisions, not later than 60 days after the enactment of the Act. Abstract: An Interim Final Rule (IFR) published and effective on September 20, 2004, transferred responsibility for the vetting of flight school candidates from the Department of Justice to TSA, with certain modifications to the program, as required by the Vision 100 Act. This IFR applied to training PO 00000 Frm 00096 Fmt 4701 Sfmt 4702 providers and to individuals who apply for or receive flight training. Flight schools are required to notify TSA when non-U.S. citizens, non-U.S. nationals, and other individuals designated by TSA, apply for flight training or recurrent flight training. TSA issued exemptions and interpretations in response to comments on the IFR and questions raised during operation of the program since 2004. TSA published a notice reopening the comment period on May 18, 2018. Based on the comments and questions received, TSA is finalizing the rule and considering modifications that would change the frequency of security threat assessments from a high-frequency event-based interval to a time-based interval, clarify the definitions and other provisions of the rule, and enable industry to use TSA-provided electronic recordkeeping systems for all documents required to demonstrate compliance with the rule. Statement of Need: In the years since TSA published the IFR, members of the aviation industry, the public, and Federal oversight organizations have identified areas where the Flight Training Security Program (formerly the Alien Flight Student Program) could be improved. TSA’s internal procedures and processes for vetting applicants also have advanced through technology and other enhancements. Publishing a final rule that addresses external recommendations and aligns with modern TSA vetting practices would streamline the Flight Training Security Program application, vetting, and recordkeeping process for all parties involved. Anticipated Cost and Benefits: TSA is considering revising the requirements of the Flight Training Security Program to reduce costs and industry burden. One action TSA is considering is an electronic recordkeeping platform where all flight training providers would upload certain information to a TSA-managed website (https:// fts.tsa.dhs.gov/). Also at industry’s request, TSA is considering changing the interval for a Security Threat Assessment of each non-U.S. citizen and non-U.S. national flight student, by eliminating the requirement for a Security Threat Assessment for each separate training event. This change would result in an annual savings, although there may be additional startup and record retention costs for the agency as a result of this revision. The change in the interval of the Security Threat Assessment would result in immediate cost savings to flight providers and students who are neither U.S. citizens nor U.S. nationals without compromising the security process. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 Interim Final Rule; Request for Comments. Interim Final Rule Effective. Interim Final Rule; Comment Period End. Notice-Information Collection; 60Day Renewal. Notice-Information Collection; 30Day Renewal. Notice-Information Collection; 60Day Renewal. Notice-Information Collection; 30Day Renewal. Notice-Alien Flight Student Program Recurrent Training Fees. Notice-Information Collection; 60Day Renewal. Notice-Information Collection; 30Day Renewal. Notice-Information Collection; 60Day Renewal. Notice-Information Collection; 30Day Renewal. IFR; Comment Period Reopened. IFR; Comment Period Reopened End. Notice-Information Collection; 60Day Renewal. Notice-Information Collection; 30Day Renewal. Final Rule ............ 09/20/04 FR Cite 69 FR 56324 09/20/04 10/20/04 11/26/04 69 FR 68952 03/30/05 70 FR 16298 06/06/08 73 FR 32346 08/13/08 73 FR 47203 DHS—U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (USICE) Statement of Need: This interim final rule is needed for ICE to begin transforming from a paper environment to electronic or other means to streamline processes and increase efficiency. Anticipated Cost and Benefits: ICE is in the process of assessing the anticipated impacts of this rule. This interim final rule is expected to result in cost-savings and benefits to both the government and private parties due to the optional electronic servicing of bond-related notifications, including expedited delivery, improved reliability, and other modernization features. It may impose nominal use and familiarization costs to those who elect to create accounts and use the system. Timetable: Final Rule Stage 04/13/09 74 FR 16880 09/21/11 76 FR 58531 01/31/12 77 FR 4822 03/10/15 80 FR 12647 06/18/15 80 FR 34927 05/18/18 83 FR 23238 06/18/18 07/06/18 83 FR 31561 10/31/18 83 FR 54761 03/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Stephanie Hamilton, Manager, Vetting Programs Branch, Department of Homeland Security, Transportation Security Administration, Enrollment Services & Vetting Programs, 6595 Springfield Center Drive, Springfield, VA 20598–6010, Phone: 571 227–2851, Email: stephanie.w.hamilton@tsa.dhs.gov. James Ruger, Chief Economist, Economic Analysis BranchCoordination & Analysis Division, Department of Homeland Security, VerDate Sep<11>2014 Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598–6028, Phone: 571 227–5519, Email: james.ruger@tsa.dhs.gov. David Ross, Attorney-Advisor, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Chief Counsel’s Office, 6595 Springfield Center Drive, Springfield, VA 20598– 6002, Phone: 571 227–2465, Email: david.ross1@tsa.dhs.gov. Related RIN: Related to 1652–AA61 RIN: 1652–AA35 11061 18:12 Feb 21, 2023 Jkt 259001 106. Immigration Bond Notifications and Electronic Service [1653–AA85] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: Government Paperwork Elimination Act, 44 U.S.C. 3504 note; Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 to 7031; 8 U.S.C. 1103(a)(3) CFR Citation: 8 CFR 103. Legal Deadline: None. Abstract: DHS is revising regulations that authorize the means to serve decisions and other notices in-person or by mail, to include electronic and other means of service. This rule is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government. Current regulations limit ICE, a component of DHS, to serve documents in-person, or by certified, registered, or ordinary mail, which is time consuming, inefficient, and unreliable. This interim final rule would enable ICE to issue and serve certain notices, decisions, and other documents electronically to noncitizens, parties, attorneys, or other persons of interest who voluntarily opt-in to be served electronically. The intent is to improve convenience, transparency, and provide quicker information and communication to both the public and the government. This interim final rule would also permit ICE to issue bond-related notifications to obligors electronically for immigration bonds.The ICE transition to electronic notifications for bond-related documents is part of an electronic bonds system ICE developed to simplify the posting of bonds. PO 00000 Frm 00097 Fmt 4701 Sfmt 4702 Action Interim Final Rule Date FR Cite 10/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. Agency Contact: Sharon Hageman, Deputy Assistant Director, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536, Phone: 202 732–6960, Email: ice.regulations@ice.dhs.gov. RIN: 1653–AA85 DHS—USICE 107. Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I–9) [1653–AA86] Priority: Other Significant. Legal Authority: 8 U.S.C. 1101, 1103 CFR Citation: 8 CFR 274a. Legal Deadline: None. Abstract: On August 18, 2022, DHS published a proposed rule that would revise employment eligibility verification regulations to allow the Secretary to authorize alternative document examination procedures in certain circumstances or with respect to certain employers. DHS explained that future exercises of such authority may reduce burdens on employers and employees while maintaining the integrity of the employment verification process. DHS will complete this rulemaking following review of public comments received. This rulemaking is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the E:\FR\FM\22FEP2.SGM 22FEP2 11062 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda efficiency and effectiveness of government. Statement of Need: DHS is exploring alternative options for examining employees’ identity and employment authorization documents because of lessons learned during the COVID–19 pandemic, and because more employers are adopting telework and remote work arrangements as a result of advances in technology and new work arrangements where more employees work without physically reporting to a company location on a regular basis. Anticipated Cost and Benefits: DHS proposed allowing the Secretary to authorize alternative options for document examination procedures with respect to some or all employers when they are hired, have their employment authorization reverified, or rehired, as part of a pilot program, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services or a national emergency declared by the President. The rule does not itself implement an alternative procedure to physical examination, therefore DHS is unable to fully quantify the potential impacts due to a lack of information about the specifics of a possible future alternative procedure. DHS proposed changes to the Form I–9, Employment Eligibility Verification, and its accompanying instructions that would allow employers to indicate that alternative procedures were used (should such alternative procedures be authorized in the future). These changes would increase the time for employers to complete the form. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 NPRM .................. NPRM Comment Period End. Final Rule ............ 08/18/22 10/17/22 FR Cite 87 FR 50786 05/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. URL For More Information: https:// www.regulations.gov. URL For Public Comments: https:// www.regulations.gov. Agency Contact: Sharon Hageman, Deputy Assistant Director, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536, Phone: 202 732–6960, Email: ice.regulations@ice.dhs.gov. RIN: 1653–AA86 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 DHS—FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Proposed Rule Stage 108. National Flood Insurance Program: Standard Flood Insurance Policy, Homeowner Flood Form [1660– AB06] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 4001 et seq. CFR Citation: 44 CFR 61. Legal Deadline: None. Abstract: The National Flood Insurance Program (NFIP), established pursuant to the National Flood Insurance Act of 1968, is a voluntary program in which participating communities adopt and enforce a set of minimum floodplain management requirements to reduce future flood damages. Property owners in participating communities are eligible to purchase NFIP flood insurance. This proposed rule would revise the Standard Flood Insurance Policy by adding a new Homeowner Flood Form and five accompanying endorsements. The new Homeowner Flood Form would replace the Dwelling Form as a source of coverage for homeowners of one-to-four family residences. Together, the new Form and endorsements would more closely align with property and casualty homeowners’ insurance and provide increased options and coverage in a more user-friendly and comprehensible format. Statement of Need: The National Flood Insurance Act requires FEMA to provide by regulation the general terms and conditions of insurability applicable to properties eligible for flood insurance coverage. 42 U.S.C. 4013(a). To comply with this requirement, FEMA adopts the Standard Flood Insurance Policy (SFIP) in regulation, which sets out the terms and conditions of insurance. See 44 CFR part 61, Appendix A. FEMA must use the SFIP for all flood insurance policies sold through the NFIP. See 44 CFR 61.13. The SFIP is a single-peril (flood) policy that pays for direct physical damage to insured property. There are currently three forms of the SFIP: the Dwelling Form, the General Property Form, and the Residential Condominium Building Association Policy (RCBAP) Form. The Dwelling Form insures a one-to-four family residential building or a single-family dwelling unit in a condominium building. See 44 CFR part 61, Appendix A(1). Policies under the Dwelling Form offer coverage for building property, up to $250,000, and personal property up PO 00000 Frm 00098 Fmt 4701 Sfmt 4702 to $100,000. The General Property Form ensures a five-or-more family residential building or a non-residential building. See 44 CFR part 61, Appendix A(2). The General Property Form offers coverage for building and contents up to $500,000 each. The RCBAP Form insures residential condominium association buildings and offers building coverage up to $250,000 multiplied by the number of units and contents coverage up to $100,000 per building. See 44 CFR part 61, appendix A(3). RCBAP contents coverage insures property owned by the insured condominium association. Individual unit owners must purchase their own Dwelling Form policy in order to insure their own contents. FEMA last substantively revised the SFIP in 2000. See 65 FR 60758 (Oct. 12, 2000). In 2020, FEMA published a final rule that made non-substantive clarifying and plain language improvements to the SFIP. See 85 FR 43946 (July 20, 2020). However, many policyholders, agents, and adjusters continue to find the SFIP difficult to read and interpret compared to other, more modern, property and casualty insurance products found in the private market. Accordingly, FEMA proposes to adopt a new Homeowner Flood Form. The new Homeowner Flood Form, which FEMA proposes to add to its regulations at 44 CFR 61 appendix A(4), would protect property owners in a oneto-four family residence. Upon adoption, the Homeowner Flood Form would replace the Dwelling Form as a source of coverage for this class of residential properties. FEMA would continue to use the Dwelling Form to insure landlords, renters, and owners of mobile homes, travel trailers, and condominium units. Compared to the current Dwelling Form, the new Homeowner Flood Form would clarify coverage and more clearly highlight conditions, limitations, and exclusions in coverage as well as add and modify coverages and coverage options. FEMA also proposes adding to its regulations five endorsements to accompany the new Form: Increased Cost of Compliance Coverage, Actual Cash Value Loss Settlement, Temporary Housing Expense, Basement Coverage, and Builder’s Risk. These endorsements, which FEMA proposes to codify at 44 CFR 61 appendices A(101)–(105), respectively, would give policyholders the option of amending the Homeowner Flood Form to modify coverage with a commensurate adjustment to premiums charged. Together, the Homeowner Flood Form and accompanying endorsements would increase options E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda and coverage for owners of one-to-four family residences. FEMA intends that this new Form will be more user-friendly and comprehensible. As a result, the new Homeowner Flood Form and its accompanying endorsements would provide a more personalized, customizable product than the NFIP has offered during its 50 years. In addition to aligning with property and casualty homeowners’ insurance, the result would increase consumer choice and simplify coverage. Anticipated Cost and Benefits: FEMA estimates that this rulemaking would result in an increase in transfer payments from policyholders to FEMA and insurance providers in the form of flood insurance premiums, and from FEMA to policyholders in the form of claims payments. Additionally, this rulemaking would result in benefits to policyholders, insurance providers, and FEMA, mostly through cost savings due to increased clarity and fulfillment of customer expectations through expanded coverage options. It would also help the NFIP better signal risk through premiums, reduce the need for Federal assistance, and increase resilience by enhancing mitigation efforts. Lastly, FEMA, States, and insurance providers will incur costs for implementation and familiarization of the rule. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal. Agency Contact: Christine Merk, Lead Management and Program Analyst, Department of Homeland Security, Federal Emergency Management Agency, Insurance Analytics and Policy Branch, 400 C Street SW, Washington, DC 20472, Phone: 202 735–6324, Email: christine.merk@fema.dhs.gov. RIN: 1660–AB06 DHS—FEMA lotter on DSK11XQN23PROD with PROPOSALS2 109. Individual Assistance Program Equity [1660–AB07] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 5155; 42 U.S.C. 5174; 42 U.S.C. 5189a CFR Citation: 44 CFR 206.101; 44 CFR 206.110 to 206.115; 44 CFR 206.117 to 206.119; 44 CFR 206.191. Legal Deadline: None. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Abstract: The Federal Emergency Management Agency (FEMA) proposes to amend its Individual Assistance (IA) regulations to increase equity and ease of entry to the IA Program. To provide a full opportunity for underserved communities to participate in the Program, FEMA proposes to amend application of ‘safe, sanitary, and functional’ for the Individuals and Households Program (IHP) Home Repair assistance; re-evaluate the requirement to apply for a Small Business Administration loan prior to receipt of certain types of Other Needs Assistance (ONA); add eligibility criteria for its Serious Needs & Displacement Assistance; amend its requirements for Continued Temporary Housing Assistance; re-evaluate its approach to insurance proceeds; and amend its appeals process. FEMA also proposes revisions to reflect changes to statutory authority that have not yet been implemented in regulation, to include provisions for utility and security deposit payments, lease and repair of multi-family rental housing, child care assistance, maximum assistance limits, and waiver authority. Finally, FEMA proposes allowing self-employed individuals to receive assistance for essential tools under ONA, allowing certain home repair accessibility-related items, and allowing the reopening of the registration period when the President adds new counties to the major disaster declaration. Statement of Need: FEMA’s Individuals and Households Program (IHP) regulations have not had a major review and update since section 206 of the Disaster Mitigation Act of 2000 replaced the Individual and Family Grant Assistance Program with the current IHP. Some minor changes to Repair Assistance were completed in 2013, but Congress has passed multiple other laws that have superseded portions of the regulations and created other programs or forms of assistance with no supporting regulations. FEMA proposes an update to the IHP regulations now to bring them up to date and address other lessons learned through the course of implementing the IHP in disasters much larger than any previously addressed at the time the regulations were first developed. Anticipated Cost and Benefits: FEMA estimates that this rulemaking would result in an increase in transfer payments from FEMA and States in the form of disaster assistance to individuals and households. It would also result in additional costs to States for familiarization of the rule and to FEMA and applicants for paperwork burden. The proposed rule would PO 00000 Frm 00099 Fmt 4701 Sfmt 4702 11063 ensure disaster assistance is more equitably distributed and assist applicants to more quickly and fully recover from disasters by expanding eligibility for, and access to, certain types of assistance. Lastly, the rulemaking would improve clarity and align FEMA regulations with statutory changes improving the efficiency and the consistency of IHP assistance. Timetable: Action NPRM .................. Date FR Cite 02/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal, Local, State. Agency Contact: Kristina McAlister, Supervisory Emergency Management Specialist (Recovery), Department of Homeland Security, Federal Emergency Management Agency, Individual Assistance Division Recovery Directorate, 500 C Street SW, Washington, DC 20472, Phone: 202 604– 8007, Email: kristina.mcalister@ fema.dhs.gov. RIN: 1660–AB07 DHS—FEMA 110. Update of FEMA’s Public Assistance Regulations [1660–AB09] Priority: Other Significant. Legal Authority: 42 U.S.C. 5121 to 5207 CFR Citation: 44 CFR 206. Legal Deadline: None. Abstract: The Federal Emergency Management Agency (FEMA) proposes to revise its Public Assistance (PA) program regulations to reflect current statutory authorities and implement program improvements. The proposed rule would incorporate changes brought about by amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. FEMA is also proposing clarifications and corrections to improve the efficiency and consistency of the Public Assistance program. Statement of Need: The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), Public Law 100–707, 102 Stat. 4689, authorizes the President to provide Federal assistance when the severity and magnitude of an incident or threatened incident, exceeds the affected State, local, Indian Tribal, and Territorial government’s (SLTT’s) capabilities to effectively respond or recover. 42 U.S.C. 5170 and 5191. If the President declares an emergency or major disaster authorizing the Public Assistance E:\FR\FM\22FEP2.SGM 22FEP2 11064 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda program, FEMA may award Public Assistance grants to assist SLTTs and certain private nonprofit (PNP) organizations so communities can quickly respond to and recover from the major disaster or emergency. FEMA proposes to amend its Public Assistance and Community Disaster Loan program regulations to incorporate statutory changes that have amended sections of the Stafford Act relating to Public Assistance and Community Disaster Loans and to improve program administration. These include the PostKatrina Emergency Management Reform Act of 2006 (PKEMRA), Public Law 109–295, 120 Stat. 1394, the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law 109– 347, 120 Stat. 1884, the Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), Public Law 109–308, 120 Stat. 1725, the Sandy Recovery Improvement Act of 2013 (SRIA), Public Law 113–2, 127 Stat. 39, the Emergency Information Improvement Act of 2015, Public Law 114–111, 129 Stat. 2240, the Bipartisan Budget Act of 2018, Public Law 115–123, 132 Stat. 64, and the FAA Reauthorization Act of 2018, Division D, Disaster Recovery Reform Act of 2018 (DRRA), Public Law 115–254, 132 Stat. 3438. FEMA also proposes to implement program improvements and make clarifications and corrections to existing regulations. Anticipated Cost and Benefits: FEMA estimates that this rulemaking would result in benefits to SLTTs and FEMA from improving clarity and aligning FEMA regulations with statutory changes and current practices. Such increased clarity and understanding would improve the efficiency and the consistency of FEMA’s PA programs. Additionally, proposed improvements to State/Tribal administrative plans would better position SLTTs to respond to and to recover from emergencies and disasters. Lastly, FEMA estimates increases in costs for SLTTs due to additional paperwork burden and familiarization of the rule. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 NPRM .................. FR Cite 03/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal, Local, State, Tribal. Agency Contact: Ana Montero, Public Assistance Division Recovery Directorate, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472–3100, Phone: VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 202 646–3834, Email: fema-recovery-papolicy@fema.dhs.gov. RIN: 1660–AB09 DHS—FEMA 111. Updates to Floodplain Management and Protection of Wetlands Regulations [1660–AB12] Priority: Other Significant. Legal Authority: 6 U.S.C. 101 et seq.; 42 U.S.C. 4001 et seq.; 42 U.S.C. 4321 et seq.; E.O. 11988 of May 24, 1977, 42 FR 26951, 3 CFR, 1977 Comp., p. 117; E.O. 11990 of May 24, 1977, 42 FR 26961, 3 CFR, 1977 Comp., p. 121; E.O. 13690, 80 FR 6425; E.O. 14030, 86 FR 27967 CFR Citation: 44 CFR 9. Legal Deadline: None. Abstract: Consistent with President Biden’s Executive Order on Climate Related Financial Risk (E.O. 14030), the Federal Emergency Management Agency (FEMA) proposes to amend its regulations at 44 CFR part 9 Floodplain Management and Protection of Wetlands to incorporate amendments to Executive Order 11988 and the Federal Flood Risk Management Standard (FFRMS). The FFRMS is a flexible framework allowing agencies to choose among three approaches to define the floodplain and corresponding flood elevation requirements for federally funded projects. 44 CFR part 9 describes FEMA’s process under Executive Order 11988 for determining whether the proposed location for an action falls within a floodplain and how to complete the action in the floodplain, in light of the risk of flooding. The proposed rule would change how FEMA defines a floodplain with respect to certain actions. Additionally, under the proposed rule, FEMA would use natural systems, ecosystem process, and naturebased approaches, where practicable, when developing alternatives to locating the proposed action in the floodplain. Statement of Need: The United States is experiencing increased flooding and flood risk from changing conditions. The Federal Emergency Management Agency (FEMA) has not made significant updates to its regulations governing floodplain management to reflect the challenges faced because of increased flooding and changing conditions since initial publication in 1980. As a result, FEMA is now proposing to amend 44 CFR part 9, Floodplain Management and Protection of Wetlands, to implement the Federal Flood Risk Management Standard (FFRMS) and update the agency’s 8-step process. The FFRMS is a flood PO 00000 Frm 00100 Fmt 4701 Sfmt 4702 resilience standard that is required for federally funded projects and provides a flexible framework to increase resilience against flooding and help preserve the natural values of floodplains and wetlands. A floodplain is any land area that is subject to flooding and refers to geographic features with undefined boundaries. 44 CFR part 9 describes the 8-step process FEMA uses to determine whether a proposed action would be located within or affect a floodplain, and if so, whether and how to continue with or modify the proposed action. Executive Order 11988, as amended, and the FFRMS changed the Executive Branch-wide guidance for defining the floodplain with respect to federally funded projects (i.e., actions involving the use of Federal funds for new construction, substantial improvement, or to address substantial damage to a structure or facility). This proposed rule would ensure that actions subject to the FFRMS are designed to be resilient to both current and future flood risks to minimize the impact of floods on human health, safety, and welfare and to protect Federal investments by reducing the risk of flood loss. Anticipated Cost and Benefits: FEMA estimates that this rulemaking would result in benefits to grant recipients (States, Local, Tribes, Territories, and Individuals) and to FEMA, mostly through the reduction in damage to properties and contents from future floods, potential lives saved, public health and safety benefits, reduced recovery time from floods, and increased community resilience to flooding. FEMA estimates project cost increases for FEMA and grant recipients due to increased elevation or floodproofing requirements of the proposed rule. Timetable: Action NPRM .................. Date FR Cite 03/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Federal, Local, State, Tribal. Agency Contact: Portia Ross, Office of Environmental and Historic Preservation, Department of Homeland Security, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202 646– 2741, Email: fema-regulations@ fema.dhs.gov. RIN: 1660–AB12 E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda DHS—FEMA Long-Term Actions lotter on DSK11XQN23PROD with PROPOSALS2 112. National Flood Insurance Program’s Floodplain Management Standards for Land Management & Use, & an Assessment of the Program’s Impact on Threatened and Endangered Species & Their Habitats [1660–AB11] Priority: Other Significant. Legal Authority: 42 U.S.C. 4001 et seq. CFR Citation: 44 CFR 59 to 60. Legal Deadline: None. Abstract: The Federal Emergency Management Agency (FEMA) issued a Request for Information to receive the public’s input on revisions to the National Flood Insurance Program’s (NFIP) floodplain management standards for land management and use regulations. FEMA’s authority under the National Flood Insurance Act requires the agency to, from time to time, develop comprehensive criteria designed to encourage the adoption of adequate State and local measures. The agency is reviewing potential actions to better align the NFIP minimum floodplain management standards with our current understanding of flood risk, flood insurance premium rates, and risk reduction approaches to make communities safer, stronger, and more resilient to increased flooding. FEMA is considering revisions to the minimum standards to better protect people and property in a nuanced manner that balances community needs with the national scope of the NFIP while also incorporating opportunities for improving resilience in communities that have been historically underserved. The agency is also reviewing ways to further promote enhanced resilience efforts through the Community Rating System and to strengthen NFIP compliance with Section 7 of the Endangered Species Act. Statement of Need: FEMA issued this Request for Information to seek information from the public on the agency’s current floodplain management standards to ensure the agency receives public input to inform any action to revise the NFIP minimum floodplain management standards. FEMA is also re-evaluating the implementation of the NFIP under the Endangered Species Act at the national level. FEMA is reviewing potential actions based on the comments received on this Request for Information to better align the NFIP minimum floodplain management standards with our current understanding of flood risk, flood insurance premium rates, and risk reduction approaches to make VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 communities safer, stronger, and more resilient to increased flooding. Anticipated Cost and Benefits: FEMA is currently considering the cost and benefit impacts of potential proposed actions. Timetable: Action Date Request for Information. Announcement of Public Meetings. Announcement of Additional Public Meeting; Extension of Comment Period. Request for Information Comment Period End.. FR Cite 10/12/21 86 FR 56713 10/28/21 86 FR 59745 11/22/21 86 FR 66329 01/27/22 Next Action Undetermined. To Be Determined Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Additional Information: Docket ID FEMA–2021–0024. URL For More Information: https:// www.regulations.gov. URL For Public Comments: https:// www.regulations.gov. Agency Contact: Rachel Sears, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202 646– 2977, Email: fema-regulations@ fema.dhs.gov. RIN: 1660–AB11 DHS—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY (CISA) Proposed Rule Stage 113. Ammonium Nitrate Security Program [1670–AA00] Priority: Other Significant. Major under 5 U.S.C. 801. Unfunded Mandates: This action may affect the private sector under Public Law 104–4. Legal Authority: 6 U.S.C. 488 et seq. CFR Citation: 6 CFR 31. Legal Deadline: NPRM, Statutory, May 26, 2008, Publication of Notice of Proposed Rulemaking. Final, Statutory, December 26, 2008, Publication of Final Rule. Abstract: The Cybersecurity and Infrastructure Security Agency (CISA) is proposing a rulemaking to implement the December 2007 amendment to the PO 00000 Frm 00101 Fmt 4701 Sfmt 4702 11065 Homeland Security Act titled ‘‘Secure Handling of Ammonium Nitrate.’’ This amendment requires the Department of Homeland Security to ‘‘regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility . . . to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.’’ CISA previously issued a Notice of Proposed Rulemaking (NPRM) on August 3, 2011. CISA is planning to issue a Supplemental Notice of Proposed Rulemaking (SNPRM). Statement of Need: A Federal regulation governing the sale and transfer of ammonium nitrate is statutorily mandated. The statute requires that purchasers of ammonium nitrate and owners of ammonium nitrate facilities register with the Department of Homeland Security and be vetted against the Terrorist Screening Database. The statute further requires that information about transactions of ammonium nitrate be recorded and kept. Given the widespread use of ammonium nitrate in many sectors of the economy, including industrial, agricultural, and consumer uses, the Department is exploring ways to reduce the threat of terrorism posed by ammonium nitrate while remaining sensitive to the impacts on the supply chain and legitimate users. Summary of Legal Basis: This regulation is statutorily mandated by 6 U.S.C. 488 et seq. Anticipated Cost and Benefits: In the 2011 NPRM, CISA estimated cost of this proposed rule would range from $300 million to $1,041 million over 10 years at a 7 percent discount rate. In the intervening years, CISA has adjusted its approach to this rulemaking and has made significant changes to the way we estimate the costs associated with this SNPRM. At this time CISA is still developing the cost estimates for and substantive contents of this SNPRM. Timetable: Action ANPRM ............... ANPRM Correction. ANPRM Comment Period End. NPRM .................. Notice of Public Meetings. Notice of Public Meetings. NPRM Comment Period End. Notice of Availability. Notice of Availability Comment Period End. E:\FR\FM\22FEP2.SGM 22FEP2 Date 10/29/08 11/05/08 FR Cite 73 FR 64280 73 FR 65783 12/29/08 08/03/11 10/07/11 76 FR 46908 76 FR 62311 11/14/11 76 FR 70366 12/01/11 06/03/19 09/03/19 84 FR 25495 11066 Action Supplemental NPRM. Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Date FR Cite 09/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Federal, Local, State. Federalism: This action may have federalism implications as defined in E.O. 13132. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Ryan Donaghy, Deputy Branch Chief for Chemical Security Policy, Rulemaking, and Engagement, Department of Homeland Security, Cybersecurity and Infrastructure Security Agency, 245 Murray Lane SW, Mail Stop 0610, Arlington, VA 20528, Phone: 571 532– 4127, Email: ryan.donaghy@ cisa.dhs.gov. Related RIN: Previously reported as 1601–AA52 RIN: 1670–AA00 lotter on DSK11XQN23PROD with PROPOSALS2 DHS—CISA 114. Chemical Facility Anti-Terrorism Standards (CFATS) [1670–AA01] Priority: Other Significant. Legal Authority: 6 U.S.C. 621 to 629 CFR Citation: 6 CFR 27. Legal Deadline: None. Abstract: The Cybersecurity and Infrastructure Security Agency (CISA) previously invited public comment on an Advance Notice of Proposed Rulemaking (ANPRM) during August 2014 for potential revisions to the Chemical Facility Anti-Terrorism Standards (CFATS) regulations. The ANPRM provided an opportunity for the public to provide recommendations for possible program changes. In June 2020, CISA published for public comment a retrospective analysis of the CFATS program. And in January 2021, CISA invited additional public comment through an ANPRM concerning the removal of certain explosive chemicals from CFATS. CISA intends to address many of the subjects raised in both ANPRMs and the retrospective analysis in this regulatory action, including potential updates to CFATS cybersecurity requirements and Appendix A to the CFATS regulations. Statement of Need: The Chemical Facility Anti-Terrorism Standards (CFATS) program regulates facilities possessing large quantities of dangerous chemicals. The particular chemicals VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 listed and threshold quantities were established in 2007, and were based on EPA’s threshold quantities for Hazardous Substances published under its Release Management Program. In the 15 years since implementation of the program, CISA has gained extensive experience in analyzing chemical holdings and determining which facilities should be classified as highrisk and subject to further regulation. Given its experience, CISA has determined that it should adjust its list of regulated chemicals, threshold quantities, and counting methods to better reflect the security issues implicated by these chemicals. Additionally, CISA believes that the CFATS security performance guidelines, first issued in 2009, should be updated to better reflect lessons learned over the past decade, including substantially updating the guidelines for cybersecurity performance metrics. Summary of Legal Basis: This regulation is authorized pursuant to 6 U.S.C. 621 et seq. Alternatives: CISA considered an alternative version of this NPRM where we updated only the performance guidance but not the chemical listings. Additionally, we considered an alternative version where changes to certain toxic chemical listings were omitted. Anticipated Cost and Benefits: CISA is developing the cost and benefits estimates for this rulemaking. Timetable: Action Date ANPRM ............... ANPRM Comment Period End. ANPRM ............... Announcement of Availability; Retrospective Analysis. Announcement of Availability; Retrospective Analysis Comment Period End. NPRM .................. FR Cite 08/18/14 10/17/14 79 FR 48693 01/06/21 06/22/20 86 FR 495 85 FR 37393 09/21/20 05/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Federal, Local, State. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Ryan Donaghy, Deputy Branch Chief for Chemical Security Policy, Rulemaking, and Engagement, Department of Homeland PO 00000 Frm 00102 Fmt 4701 Sfmt 4702 Security, Cybersecurity and Infrastructure Security Agency, 245 Murray Lane SW, Mail Stop 0610, Arlington, VA 20528, Phone: 571 532– 4127, Email: ryan.donaghy@ cisa.dhs.gov. Related RIN: Previously reported as 1601–AA69, Merged with 1670–AA03 RIN: 1670–AA01 BILLING CODE 9110–9B–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Statement of Regulatory Priorities for Fiscal Year 2023 Introduction The Regulatory Plan for the Department of Housing and Urban Development (HUD) for Fiscal Year (FY) 2023 highlights two of the most significant regulations and policy initiatives that HUD seeks to complete during the upcoming fiscal year. As the Federal agency that serves as the nation’s housing agency, HUD is committed to addressing the housing needs of all Americans by creating strong, sustainable, inclusive communities, and quality affordable homes for all. As a result, HUD plays a significant role in the lives of families and in communities throughout America. HUD is currently working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes; utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination and transform the way HUD does business. Under the leadership of Secretary Marcia L. Fudge, HUD is dedicated to implementing the Administration’s priorities by setting forth initiatives related to recovery from the COVID–19 pandemic, providing economic relief to those HUD serves, advancing racial equity and civil rights, and tackling the climate emergency. The rules highlighted in HUD’s regulatory plan for FY 2023 reflect HUD’s efforts to continue its work in building strong and sustainable communities, addressing the housing needs of all Americans, and providing for equal access to housing opportunities. Additionally, HUD notes that its Fall 2022 Semiannual Regulatory Agenda includes additional rules that advance the Administration’s priorities, including rules to advance racial equity and civil rights and rules to provide economic relief to homeowners and renters. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard On January 20, 2021, President Biden issued Executive Order 13990, ‘‘Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,’’ which declared the Administration’s policy to bolster resilience to the impacts of climate change, and which directed all executive department and agencies to immediately commence work to confront the climate crisis. Executive Order 14008, ‘‘Tackling the Climate Crisis at Home and Abroad,’’ signed on January 27, 2021, noted that it is the Administration’s policy to increase resilience to the impacts of climate change. HUD’s proposed rule titled ‘‘Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard’’ would improve the resilience of HUD-assisted or financed projects to the effects of climate change and natural disasters, This proposed rule would revise HUD’s regulations governing floodplain management and the protection of wetlands to implement the Federal Flood Risk Management Standard (FFRMS), in accordance with Executive Order 13690 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input) (2015) and provide for greater flexibility in the use of HUD assistance in floodways under certain circumstances. Among other revisions, the rule would provide a process for determining the FFRMS Floodplain that would establish a preference for the climate-informed science approach (CISA), and it would revise HUD’s floodplain and wetland regulations to streamline them, improve overall clarity, and modernize standards. lotter on DSK11XQN23PROD with PROPOSALS2 Aggregate Costs and Benefits Executive Order 12866, as amended, requires the agency to provide its best estimate of the combined aggregate costs and benefits of all regulations included in the agency’s Regulatory Plan that will be pursued in FY 2022. HUD expects that the neither the total economic costs nor the total efficiency gains will exceed $100 million. Elevating HUD-assisted structures located in and around the FFRMS floodplain will lessen damage caused by flooding and avoid relocation costs to tenants associated with temporary moves when HUD-assisted VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 structures sustain flood damage and are temporarily uninhabitable. These benefits, which are realized throughout the life of HUD-assisted structures, are offset by the one-time increase in construction costs, borne only at the time of construction. Statement of Need The rule is part of HUD’s commitment under HUD’s 2021 Climate Action Plan. HUD committed to completing rulemaking to update 24 CFR part 55 of its regulations and implement FFRMS as a key component of its plan to increase climate resilience and climate justice across the Department, noting that low-income families and communities of color are disproportionately impacted by climate change. Additionally, HUD notes that affordable housing is increasingly at risk from both extreme weather events and sea-level rise, and that coastal communities are especially at risk. HUD’s existing regulations currently rely on Flood Insurance Rate Maps, which are critical resources when assessing flood risk, but are not intended to reflect changes in future flood risk influenced by a changing climate. This rule would ensure that HUD projects are designed with a more complete picture of a proposed project site’s flood risk over time. Building to the standards discussed in this proposed rule would increase resiliency, reduce the risk of flood loss, minimize the impact of floods on human safety, health, and welfare, and promote sound, sustainable, long-term planning informed by a more accurate evaluation of risk that takes into account possible sea level rise and increased development associated with population growth. Alternatives: An alternative to promulgating this rule would be to maintain HUD’s existing regulations governing floodplain management and the protection of wetlands. However, doing so would ignore the threats that increasing flood risks pose to life and taxpayer-funded property. Additionally, HUD would not be in compliance with Executive Order 13960 and implementing guidance if HUD did not revise its regulations. Other alternatives include higher additional elevation standards for HUD projects without using a CISA approach. HUD prefers the CISA approach because it provides a forward-looking assessment of flood risk based on likely or potential climate change scenarios, regional climate factors, and an advanced scientific understanding of these effects. Risks: This rule could increase construction costs for HUD projects PO 00000 Frm 00103 Fmt 4701 Sfmt 4702 11067 where it leads to additional elevation requirements, thereby increasing the cost of constructing affordable housing. However, these costs are offset by the decreased damage caused by flooding a project will endure throughout its lifetime, and the avoidance of relocation costs when HUD-assisted structures sustain flood damage. Timetable: Action Proposed Rule .... Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Federalism Affected: No. Energy Affected: No. International Impacts: No. Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) Through this proposed rule, HUD would amend its VAWA regulations to implement the requirements of the Violence Against Women Act (‘‘VAWA’’) as reauthorized on March 15, 2022, under the Violence Against Women Act Reauthorization Act of 2022 (‘‘VAWA 2022’’). These revisions will assist in ensuring that survivors of domestic violence, dating violence, sexual assault, and stalking (‘‘survivors’’) can access and maintain affordable housing as well as homeless assistance services. Specifically, HUD is focused on protecting survivors’ housing rights, enforcing VAWA’s requirements and protections, and providing access to safe, stable, and affordable housing for survivors. This proposed rule will seek to ensure that HUD’s regulatory definitions account for the changes to VAWA’s statutory definitions and are interpreted broadly enough to include the additional acts referred to in the VAWA 2022 reauthorization. For example, VAWA 2022 expands the definition of ‘‘domestic violence’’ by, in part, adding (as well as separately defining) the concepts of ‘‘economic abuse’’ and ‘‘technological abuse’’. Additionally, following the direction provided in VAWA 2022, this proposed rule will establish VAWA compliance review processes for VAWA-covered HUD programs (‘‘covered housing programs’’), and further address VAWA standards of compliance and standards of corrective actions, where compliance standards have not been met. VAWA 2022 also establishes substantive rights and protections for survivors, including anti-retaliation and anti-coercion E:\FR\FM\22FEP2.SGM 22FEP2 11068 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda requirements, and protections for individuals against being penalized for seeking emergency assistance or for criminal activity where they are a victim or otherwise not at fault. HUD has existing enforcement mechanisms that have been used to enforce VAWA rights and protections, but this proposed rule would provide HUD and survivors with direct enforcement authority of VAWA’s housing rights. lotter on DSK11XQN23PROD with PROPOSALS2 Aggregate Costs and Benefits Executive Order 12866, as amended, requires the agency to provide its best estimate of the combined aggregate costs and benefits of all regulations included in the agency’s Regulatory Plan that will be pursued in FY 2022. HUD expects that the neither the total economic costs nor the total efficiency gains will exceed $100 million. Unlike HUD’s VAWA 2013 final rule that was published in 2016 (‘‘VAWA 2013 rule’’), which had costs that were ‘‘primarily paperwork costs,’’ this rulemaking has fewer paperwork costs. The benefits of HUD’s rulemaking include codifying in regulation the protections that VAWA 2022 provides to applicants and tenants of covered housing programs; strengthening the rights of survivors accessing and living in covered housing programs, including existing emergency transfer rights and new rights against retaliation and prohibition and the right to report crime from one’s home; and improving and streamlining HUD’s VAWA compliance monitoring and review processes. HUD grantees are already familiar with HUD’s VAWA regulations as instituted by the 2016 final rule; this proposed rule will largely build on that regulatory framework and related forms and documents. HUD is also planning to publish a notice in the Federal Register in the Fall of 2022 that will provide initial guidance on VAWA 2022, its impact on VAWA-covered HUD programs, and HUD’s planned implementation actions. HUD believes that grantees’ prior experience with HUD’s implementation of other VAWA reauthorization legislation and HUD’s advanced notice will reduce costs by helping grantees to understand the new protections and requirements ahead of rulemaking. Statement of Need The rule is needed to conform HUD regulations with statutory standards and amendments, and to ensure consistency in application and enforcement of VAWA protections and requirements across HUD’s covered housing programs. This proposed rule would consider HUD’s VAWA 2013 rule published on November 16, 2016, and VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 improve upon its framework and impose less regulatory burden. Alternatives: HUD has no alternative to implementing the provisions of VAWA 2022. VAWA 2022 requires stakeholder consultation and rulemaking to establish VAWA compliance review processes, and to incorporate this process into existing compliance review processes, where possible. Therefore, HUD does not have the discretion to choose an alternative to rulemaking for compliance review processes. HUD has also determined that rulemaking is needed to implement new and revised statutory protections and requirements. Furthermore, prior VAWA reauthorizations were implemented through rulemaking. Risks: Previous and unfinished implementations of prior VAWA reauthorizations have resulted in challenges for grantees. HUD must seek to complete implementation of VAWA 2013, the Justice for All Reauthorization Act of 2016’s amendments to VAWA’s lease bifurcation provisions, and VAWA 2022, to fully implement changes to VAWA and clarify which requirements and changes HUD grantees are expected to comply with, and when those requirements and changes go into effect. Timetable: Action Date Proposed Rule .... FR Cite 10/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: No. Federalism Affected: No. Energy Affected: No. International Impacts: No. HUD—OFFICE OF THE SECRETARY (HUDSEC) Proposed Rule Stage 115. Violence Against Women Act Reauthorization Act of 2022: Compliance in HUD Housing Programs (FR–6319) [2501–AE05] Priority: Other Significant. Legal Authority: 42 U.S.C. 1437a,c,d,f; 42 U.S.C. 1437n; 42 U.S.C. 3535(d); sec. 327, Pub. L. 109–115,119; Stat 2936; 42 U.S.C. 14043e et; sec. 601, Pub. L. 11304, 127 Stat 101; Pub. L. 117–103 CFR Citation: 24 CFR 5, 92, 93, 200, 247, 574, 576 578; 24 CFR 880, 882, 883, 884, 886, 891; 24 CFR 905, 960, 966, 982, 983. Legal Deadline: None. Abstract: This proposed rule would amend HUD’s regulations to fully PO 00000 Frm 00104 Fmt 4701 Sfmt 4702 implement the requirements of the Violence Against Women Act (VAWA) as reauthorized on March 15, 2022, under the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022). VAWA 2022 in part requires that HUD issue regulations to define standards of compliance for covered housing programs, address prohibitions on retaliation, and update certain definitions. HUD will also consider other revisions to update its VAWA regulations. Statement of Need: The rule is needed to conform HUD regulations with statutory standards and amendments, and to ensure consistency in application and enforcement of VAWA protections and requirements across HUD’s covered housing programs. This proposed rule would consider HUD’s VAWA 2013 rule published on November 16, 2016, and improve upon its framework and impose less regulatory burden. Summary of Legal Basis: These regulatory revisions would implement the requirements of the Violence Against Women Act (VAWA) as reauthorized on March 15, 2022, under the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022). Alternatives: HUD has no alternative to implementing the provisions of VAWA 2022. VAWA 2022 requires stakeholder consultation and rulemaking to establish VAWA compliance review processes, and to incorporate this process into existing compliance review processes, where possible. Therefore, HUD does not have the discretion to choose an alternative to rulemaking for compliance review processes. HUD has also determined that rulemaking is needed to implement new and revised statutory protections and requirements. Furthermore, prior VAWA reauthorizations were implemented through rulemaking. Anticipated Cost and Benefits: Executive Order 12866, as amended, requires the agency to provide its best estimate of the combined aggregate costs and benefits of all regulations included in the agency’s Regulatory Plan that will be pursued in FY 2022. HUD expects that the neither the total economic costs nor the total efficiency gains will exceed $100 million. Unlike HUD’s VAWA 2013 final rule that was published in 2016 (VAWA 2013 rule), which had costs that were primarily paperwork costs, this rulemaking has fewer paperwork costs. The benefits of HUD’s rulemaking include codifying in regulation the protections that VAWA 2022 provides to applicants and tenants of covered housing programs; strengthening the rights of survivors E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda accessing and living in covered housing programs, including existing emergency transfer rights and new rights against retaliation and prohibition and the right to report crime from one’s home; and improving and streamlining HUD’s VAWA compliance monitoring and review processes. HUD grantees are already familiar with HUD’s VAWA regulations as instituted by the 2016 final rule; this proposed rule will largely build on that regulatory framework and related forms and documents. HUD is also planning to publish a notice in the Federal Register in the Fall of 2022 that will provide initial guidance on VAWA 2022, its impact on VAWA-covered HUD programs, and HUD’s planned implementation actions. HUD believes that grantees’ prior experience with HUD’s implementation of other VAWA reauthorization legislation and HUD’s advanced notice will reduce costs by helping grantees to understand the new protections and requirements ahead of rulemaking. Risks: Previous and unfinished implementations of prior VAWA reauthorizations have resulted in challenges for grantees. HUD must seek to complete implementation of VAWA 2013, the Justice for All Reauthorization Act of 2016’s amendments to VAWA’s lease bifurcation provisions, and VAWA 2022, to fully implement changes to VAWA and clarify which requirements and changes HUD grantees are expected to comply with, and when those requirements and changes go into effect. Timetable: Action Date NPRM .................. FR Cite 10/00/23 lotter on DSK11XQN23PROD with PROPOSALS2 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Local, State. Agency Contact: Karlo Ng, Director on Gender-based Violence Prevention and Equity, Department of Housing and Urban Development, Office of the Secretary, 451 Seventh Street SW, Washington, DC 20410, Phone: 202 288– 1850. RIN: 2501–AE05 HUD—OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT (CPD) Proposed Rule Stage 116. Floodplain Management and Protection of Wetlands (FR–6272) [2506–AC54] Priority: Other Significant. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Legal Authority: 42 U.S.C. 3535(d); E.O. 11990; E.O. 11988; E.O. 13690 CFR Citation: 24 CFR 50; 24 CFR 55; 24 CFR 58; 24 CFR 200. Legal Deadline: None. Abstract: This proposed rule would revise HUD’s regulations governing floodplain management and the protection of wetlands to implement the Federal Flood Risk Management Standard (FFRMS), in accordance with Executive Order 13690 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input), improve the resilience of HUDassisted or financed projects to the effects of climate change and natural disasters, and provide for greater flexibility in the use of HUD assistance in floodways under certain circumstances. This rule would also revise HUD’s floodplain and wetland regulations to streamline them, improve overall clarity, and modernize standards. Statement of Need: The rule is part of HUD’s commitment under HUD’s 2021 Climate Action Plan. HUD committed to completing rulemaking to update 24 CFR part 55 of its regulations and implement FFRMS as a key component of its plan to increase climate resilience and climate justice across the Department, noting that low-income families and communities of color are disproportionately impacted by climate change. Additionally, HUD notes that affordable housing is increasingly at risk from both extreme weather events and sea-level rise, and that coastal communities are especially at risk. HUD’s existing regulations currently rely on Flood Insurance Rate Maps, which are critical resources when assessing flood risk, but are not intended to reflect changes in future flood risk influenced by a changing climate. This rule would ensure that HUD projects are designed with a more complete picture of a proposed project site’s flood risk over time. Building to the standards discussed in this proposed rule would increase resiliency, reduce the risk of flood loss, minimize the impact of floods on human safety, health, and welfare, and promote sound, sustainable, long-term planning informed by a more accurate evaluation of risk that takes into account possible sea level rise and increased development associated with population growth. Summary of Legal Basis: These regulatory revisions would implement the Federal Flood Risk Management Standard (FFRMS), in accordance with Executive Order (E.O.) 13690 (Establishing a Federal Flood Risk PO 00000 Frm 00105 Fmt 4701 Sfmt 4702 11069 Management Standard and a Process for Further Soliciting and Considering Stakeholder Input) (2015). Alternatives: An alternative to promulgating this rule would be to maintain HUD’s existing regulations governing floodplain management and the protection of wetlands. However, doing so would ignore the threats that increasing flood risks pose to life and taxpayer-funded property. Additionally, HUD would not be in compliance with Executive Order 13960 and implementing guidance if HUD did not revise its regulations. Other alternatives include higher additional elevation standards for HUD projects without using a CISA approach. HUD prefers the CISA approach because it provides a forward-looking assessment of flood risk based on likely or potential climate change scenarios, regional climate factors, and an advanced scientific understanding of these effects. Anticipated Cost and Benefits: Executive Order 12866, as amended, requires the agency to provide its best estimate of the combined aggregate costs and benefits of all regulations included in the agency’s Regulatory Plan that will be pursued in FY 2022. HUD expects that the neither the total economic costs nor the total efficiency gains will exceed $100 million. Elevating HUD-assisted structures located in and around the FFRMS floodplain will lessen damage caused by flooding and avoid relocation costs to tenants associated with temporary moves when HUD-assisted structures sustain flood damage and are temporarily uninhabitable. These benefits, which are realized throughout the life of HUD-assisted structures, are offset by the one-time increase in construction costs, borne only at the time of construction. Risks: This rule could increase construction costs for HUD projects where it leads to additional elevation requirements, thereby increasing the cost of constructing affordable housing. However, these costs are offset by the decreased damage caused by flooding a project will endure throughout its lifetime, and the avoidance of relocation costs when HUD-assisted structures sustain flood damage. Timetable: Action NPRM .................. Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Kristin L. Fontenot, Director, Office of Environment and E:\FR\FM\22FEP2.SGM 22FEP2 11070 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Energy, Department of Housing and Urban Development, Office of Community Planning and Development, 451 Seventh Street SW, Washington, DC 20410, Phone: 202 402–7077. RIN: 2506–AC54 BILLING CODE 4210–67–P UNITED STATES DEPARTMENT OF THE INTERIOR Fall 2022 Regulatory Plan lotter on DSK11XQN23PROD with PROPOSALS2 Introduction The U.S. Department of the Interior (Department) is the principal steward of our Nation’s public lands and resources, including many of our cultural treasures. The Department serves as trustee to Native Americans, Alaska Natives, and Federally Recognized Tribes and is responsible for our ongoing relationships with the Island Territories under U.S. jurisdiction and the freely associated States. Among the Department’s many responsibilities is managing more than 500 million surface acres of Federal land, which constitutes approximately 20 percent of the Nation’s land area, as well as approximately 700 million subsurface acres of Federal mineral estate, and more than 2.5 billion acres of submerged lands on the Outer Continental Shelf (OCS). In addition, the Department protects and recovers endangered species; protects natural, historic, and cultural resources; provides scientific and other information about those resources; and manages water projects that are an essential lifeline and economic engine for many communities. Hundreds of millions of people visit Department-managed lands each year to take advantage of a wide range of recreational pursuits—including camping, hiking, hunting, fishing and various other forms of outdoor recreation—and to learn about our Nation’s history. Each of these activities supports local communities and their economies. The Department also provides access to Federal lands and offshore areas for the development of energy, minerals, and other natural resources that generate billions of dollars in revenue. In short, the Department plays a central role in how the United States stewards its public lands, ensures environmental protections, pursues environmental justice, honors the nation-to-nation relationship with Tribes and the special relationships with other Indigenous people and the insular areas. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Regulatory and Deregulatory Priorities To help advance the Secretary of the Interior’s (Secretary) commitment to honoring the Nation’s trust responsibilities and to conserve and manage the Nation’s natural resources and cultural heritage, the Department’s regulatory and deregulatory priorities in the coming year will focus on: • Tackling the Climate Crisis, Strengthening Climate Resiliency, and Facilitating the Transition to Renewable Energy; • Upholding Trust Responsibilities to Federally-Recognized American Indian and Alaska Native Tribes, Restoring Tribal Lands, and Protecting Natural and Cultural Resources, Advancing Equity and Supporting Underserved Communities; and • Investing in Healthy Lands, Waters and Local Economies and Strengthening Conservation of the Nation’s Lands, Waters and Wildlife. Tackling the Climate Crisis, Strengthening Climate Resiliency, and Facilitating the Transition to Renewable Energy The Biden-Harris administration remains committed to combatting climate change and reducing greenhouse gas emissions while improving public health, protecting the environment, and ensuring access to clean air and water. Under this administration, the Department has been a key leader in tackling the climate crises. Pursuant to Executive Order (E.O.) 13990 ‘‘Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,’’ (signed on Jan. 20, 2021) and E.O. 14008, ‘‘Tackling the Climate Crisis at Home and Abroad,’’ (signed January 27, 2021), the Department has advanced multiple policy and regulatory efforts to reduce climate pollution; improve and increase adaptation and resilience to the impacts of drought, wildfire, and extreme weather; address current and historic environmental injustice; protect public health; and conserve Department-managed lands and waters. The historic Infrastructure Investment and Jobs Act of 2021 (BIL) and the Inflation Reduction Act (IRA), which President Biden signed respectively on November 15, 2021, and August 16, 2022, will enable transformational outcomes on these clean energy and resilience priorities while driving the creation of good-paying union jobs. In referring to the BIL Secretary Haaland said, ‘‘The infrastructure law invests in areas where we, working closely together, have a chance to make a better future for the people we serve in the PO 00000 Frm 00106 Fmt 4701 Sfmt 4702 areas of wildfire, drought, legacy pollution clean-up, and restoration of the outdoors that we all love.’’ In accordance with E.O.s 13990 and 14008, as well as E.O. 14052, ‘‘Implementation of the Infrastructure Investment and Jobs Act,’’ (signed on Nov. 15, 2021), several bureaus within the Department are pursuing regulatory actions to implement these administration priorities, including steps to increase renewable energy production by improving siting and permitting processes on public lands and in offshore waters. The Department is committed to fully facilitating the development of renewable energy on public lands and waters, as well as supporting tribal and territorial efforts to develop renewable energy, including deploying 30 gigawatts (GW) of offshore wind by 2030 and 25GW of onshore renewable energy by 2025. The Department will meet these ambitious goals while also ensuring appropriate protection of public lands, waters, and biodiversity and creating good jobs. As Secretary Haaland has stated, ‘‘The Department of the Interior continues to make significant progress in our efforts to spur a clean energy revolution, strengthen and decarbonize the nation’s economy, and help communities transition to a clean energy future.’’ As part of these ongoing efforts, the Bureau of Ocean Energy Management’s (BOEM) most important regulatory initiative is focused on expanding offshore wind energy’s role in strengthening U.S. energy security and independence, creating jobs, providing benefits to local communities, and further developing the U.S. economy. The BOEM’s renewable energy program has matured over the past 10 years, a time in which BOEM has conducted numerous auctions and issued and managed multiple commercial leases. Based on this experience, BOEM has identified multiple opportunities to update its regulations to better facilitate the development of renewable energy resources and to promote U.S. energy independence. In FY 2023, BOEM will propose a rule, the ‘‘Renewable Energy Modernization Rule’’ (1010–AE04). This rule would substantially update existing renewable energy regulations to more efficiently facilitate responsible development of renewable energy resources on the Outer Continental Shelf (OCS) and strengthen U.S. energy independence. The rule also aims to significantly reduce costs to developers for expanding renewable energy development in an environmentally sound manner. E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Similarly, the Bureau of Land Management (BLM) plans to update its regulations for onshore rights-of-way, leasing, and operations related to all activities associated with renewable energy and transmission lines with a proposed rule, ‘‘Rights-of-way, Leasing and Operations for Renewable Energy and Transmission Lines’’ (1004–AE78). This rule aims to improve permitting activities and processes to facilitate increased renewable energy production on public lands. To advance the deployment of clean energy infrastructure while also meeting obligations to conserve habitats and wildlife, the Department will improve permitting frameworks for bird conservation. On September 30, 2022 (87 FR 59598), the U.S. Fish and Wildlife Service (FWS) proposed the ‘‘Eagle Permits; Incidental Take’’ rule (108–BE70) to revise the regulations authorizing eagle incidental take and eagle nest take permits to increase the efficiency and effectiveness of permitting, facilitate and improve compliance, and increase the conservation benefit for eagles. The FWS will also propose a rule, the ‘‘Migratory Bird Permits; Authorizing the Incidental Take of Migratory Birds’’ (1018–BF71), to clarify the MBTA’s prohibitions on taking and killing migratory birds and consider establishing a straight-forward process to secure authorizations for otherwise prohibited take of migratory birds. The BIL enables the Department to establish important regulations governing carbon transportation and storage on the OCS. The orderly implementation of negative emissions technologies, such as carbon capture, utilization, and storage, is necessary to reduce hard-to-abate emissions from the industrial sector, which emits nearly 25 percent of all carbon dioxide released into the atmosphere in the United States. In implementing the BIL the Bureau of Safety and Environmental Enforcement (BSEE) and BOEM are drafting a joint proposed rule that would address the transportation and geologic sequestration aspects of carbon capture utilization and storage development on the OCS, including leasing, geological, and geophysical exploration for appropriate storage reservoirs; environmental plans and mitigations; facility and infrastructure design and installation; injection operations; long-term site stewardship (i.e., monitoring and response); financial assurance; and safety. The Department is also committed to modernizing its oversight of oil and gas leasing and development to help address the climate and biodiversity VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 crises and to advance environmental justice. In November 2021, the Department released its report on federal oil and gas leasing and permitting practices, following a review of onshore and offshore oil and gas programs called for in E.O. 14008. The report identified significant reforms needed to ensure the programs provide a fair return to taxpayers, discourage speculation, hold operators responsible for remediation, and more fully include communities and Tribal, state, and local governments in decision-making. As Secretary Haaland stated about the report, ‘‘Our nation faces a profound climate crisis that is impacting every American. The Interior Department has an obligation to responsibly manage our public lands and waters—providing a fair return to the taxpayer and mitigating worsening climate impacts— while staying steadfast in the pursuit of environmental justice.’’ In the coming year, the Department will pursue regulations to implement important reforms, including the report’s recommendations and reforms included in the IRA regarding oil and gas resources on public lands. For example, BLM will propose rules to ensure the responsible development of oil and gas on public lands, including ‘‘Waste Prevention, Production Subject to Royalties, and Resource Conservation 43 CFR parts 3160 and 3170’’ (1004– AE79), known as the Waste Prevention Rule, and ‘‘Revision of Existing Regulations Pertaining to Oil and Gas Leases and Leasing Process 43 CFR parts 3100 and 3400’’ (1004–AE80), known as the Oil and Gas Leasing Rule. The Waste Prevention Rule would prevent waste of federal resources with an additional benefit of reducing methane emissions in the oil and gas sector. The Oil and Gas Leasing Rule would incorporate many urgent fiscal and programmatic reforms included in the report and IRA, such as updating BLM’s process for leasing to ensure the protection and proper stewardship of the public lands, including potential climate and other impacts associated with oil and gas leasing activities. Upholding Trust Responsibilities to Federally Recognized American Indian and Alaska Native Tribes Restoring Tribal Lands, and Protecting Natural and Cultural Resources Among the Department’s most important responsibilities is its commitment to honor the nation-tonation relationship between the Federal Government and Tribes. Secretary Haaland is strongly committed to strengthening how the Department carries out its trust responsibilities and PO 00000 Frm 00107 Fmt 4701 Sfmt 4702 11071 to increasing economic development opportunities for Tribes and other historically underserved communities. To advance the Department’s trust responsibilities, the Bureau of Indian Affairs (BIA) has identified opportunities, following consultation and in close collaboration with Tribal governments, to promote Tribal economic growth and development. For example, BIA is working to remove barriers to the development of renewable energy and other resources in Indian country. In consultation with Tribes, BIA engaged in efforts to update and improve its regulations governing how it manages land held in trust or in restricted status for Tribes and individual Indians. These efforts included improving the consultation process, identifying best practices, and strengthening relationships with Tribal governments. The BIA also launched a broader review to determine whether any regulatory reforms are needed to facilitate restoration of Tribal lands and safeguard natural and cultural resources. As a result of these consultations and this review, BIA is preparing a proposed rule, ‘‘Agricultural Leasing of Indian Land,’’ which would revise the regulations governing leases of Indian land for agricultural purposes found at 25 CFR part 162 (1076–AF66). This proposed rule would streamline how leases are obtained and increase the agricultural usage of Indian land. The Department is also committed to improving regulations meant to protect sacred and cultural resources. To this end, the Assistant Secretary for Indian Affairs and the Assistant Secretary for Fish and Wildlife and Parks are working with the National Park Service (NPS) to consult with Tribes on updates to regulations implementing the Native American Graves and Repatriation Act (NAGPRA), 43 CFR part 10 (1024– AE19). This proposed rule, the ‘‘Native American Graves Protection and Repatriation Act Systematic Process for Disposition and Repatriation of Native American Human Remains, Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony,’’ which published on October 18, 2022 (87 FR 63202), would provide a systematic process for the disposition and repatriation of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. The updates are intended to simplify and improve the regulatory process for repatriation, rectify provisions in the current regulations that inhibit and effectively prevent respectful repatriation, and remove the burden on Indian Tribes and Native Hawaiian E:\FR\FM\22FEP2.SGM 22FEP2 11072 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 organizations to initiate the process and add a requirement for museums and Federal agencies to complete the process. On November 15, 2021, Secretary Haaland signed joint SO 3403, ‘‘Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters,’’ with the Secretary of Agriculture to ensure that the Department of the Interior, the Department of Agriculture, and their component Bureaus and Offices are managing Federal lands and waters in a manner that seeks to protect the treaty, religious, subsistence, and cultural interests of federally recognized Indian Tribes, including the Native Hawaiian community; that such management is consistent with the nation-to-nation relationship between the United States and federally recognized Indian Tribes; and, that such management fulfills the United States’ unique trust obligation to federally recognized Indian Tribes and their citizens. Advancing Equity and Supporting Underserved Communities The Biden-Harris administration and Secretary Haaland recognize and support the goals of advancing equity and addressing the needs of underserved communities. In January 2021, the President signed E.O. 13985, ‘‘Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.’’ This E.O. directs all Federal agencies to pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. On February 17, 2022, Secretary Haaland issued SO 3406, ‘‘Establishment of a Diversity, Equity, Inclusion and Accessibility Council.’’ This council is working to identify policies and/or revisions to existing policies or practices that are needed, and make recommendations on how diversity, equity, inclusion and accessibility may be prioritized in policymaking and budget processes and decisions in accordance with the E.O.s related to equity. In response to E.O. 13985 and the SO 3406, the Department issued its Equity Action Plan on April 14, 2022. The Equity Action Plan is a key part of the Department’s efforts to implement E.O. 13985, which calls on Federal agencies to advance equity by identifying and addressing barriers to equal opportunity that underserved communities may face as a result of Government policies and programs. Highlighting the importance of this VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 initiative, Secretary Haaland said, ‘‘We must continue to proactively ensure that historically underrepresented communities benefit from our efforts to address the climate crisis and make our nation’s public lands and waters accessible and welcoming to everyone.’’ In FY 2023, the Department will undertake a number of regulatory actions that will assist people who reside in underserved communities. In support of SO 3406 and the Equity Action Plan, the Department published a final rule on April 8, 2022 (87 FR 20761), ‘‘Acquisition Regulations; Buy Indian Act; Procedures for Contracting’’ (RIN 1090–AB21). This final rule better implements the Buy Indian Act, which provides the Department with authority to set aside procurement contracts for Indian-owned and controlled businesses. These revisions will eliminate barriers that inhibit Indian Economic Enterprises (IEEs) from competing on certain construction contracts, expand IEEs’ ability to subcontract construction work consistent with other socio-economic set-aside programs, and give greater preference to IEEs when a deviation from the Buy Indian Act is necessary, among other updates. The BLM (1004–AE60), FWS (1018– BD78), and NPS (1024–AE75) are proposing right-of-way (ROW) rules that would streamline and improve efficiencies in the permitting process for electric transmission, distribution facilities, and broadband facilities. These rules should result in increased services, such as broadband connectivity, with resulting benefits to underserved communities and visitors to Departmental lands and promote good governance. These proposed rules are expected to publish in FY 2023 as well as implement several provisions of the BIL. Investing in Healthy Lands, Waters and Local Economies and Strengthening Conservation of the Nation’s Lands, Waters and Wildlife The Department’s regulatory agenda will continue to advance the goals of investing in healthy lands, waters, and local economies across the country. These regulatory efforts, which are consistent with the Biden-Harris administration’s America the Beautiful initiative as well as the BIL and IRA which provide the Department with historic resilience and restoration investments, include expanding opportunities for outdoor recreation, such as hunting and fishing, for all Americans; enhancing conservation stewardship; and improving the PO 00000 Frm 00108 Fmt 4701 Sfmt 4702 management of species and their habitat. Per section 2 of E.O. 13990 and the ‘‘Fact Sheet: List of Agency Actions for Review,’’ the Departments of Commerce and the Interior (Departments) initiated a review of the August 27, 2019, final rule, ‘‘Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat,’’ (1018–BF95) (84 FR 45020) that revised the regulations for adding and removing species from the Lists of Endangered and Threatened Wildlife and Plants and the procedures for designating critical habitat. On July 5, 2022, the 2019 rule was vacated and remanded by the U.S. District Court for the Northern District of California. In response to the court order, the Departments will propose a new rulemaking for FY 2023. Also, per section 2 of E.O. 13990 and the ‘‘Fact Sheet: List of Agency Actions for Review,’’ the Departments initiated a review of the August 27, 2019, final rule, ‘‘Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation,’’ (1018–BC87) (84 FR 44976) that revised portions of the regulations that implement section 7 of the ESA, as amended. On July 5, 2022, the 2019 rule was vacated and remanded by the U.S. District Court for the Northern District of California. In response to the court order, the Departments will propose a new rulemaking for FY 2023. Under section 4(d) of the Endangered Species Act (ESA), FWS plans to promulgate several species-specific rules to protect threatened species. Of particular note, the FWS issued a proposed rule on November 17, 2022, (87 FR 68975) that would revise the rule for the African elephant (Loxodonta africana) promulgated under section 4(d) of the ESA. The proposed rule intends to increase domestic protection for African elephants in light of the recent rise in global trade of live African elephants from range countries by establishing ESA permit requirements and enhancement standards for trade in live African elephants. This rulemaking action would also clarify the existing enhancement requirement during our evaluation of the application for a permit to import African elephant sporthunted trophies and incorporate a Party’s designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) National Legislation Project into the decision-making process for the import of live African elephants, African elephant sport-hunted trophies, E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda and African elephant parts and products other than ivory. The NPS is also pursuing several regulatory actions under the Department’s direction and in accordance with these goals. These regulatory actions would authorize recreational activities, such as off-road vehicle use, personal watercraft and bicycling, within appropriate, designated areas of certain National Park System units. These regulations would promote appropriate visitor use while supporting long-term preservation of park resources and quality visitor experiences. The Biden-Harris administration and Secretary Haaland are strongly committed to strengthening conservation and improving conservation partnerships. Through this regulatory plan, the Department affirms the importance of the Endangered Species Act (ESA) in providing a broad and flexible framework to facilitate conservation with a variety of stakeholders. The Department, through FWS, is committed to working with diverse Federal, Tribal, State, and industry partners not only to protect and recover America’s imperiled wildlife, but to ensure the ESA is helping meet 21st century challenges. In Fiscal Year (FY) 2022, FWS reviewed several ESA rules that were finalized prior to January 20, 2021, to continue improving implementation of the ESA so that it is clearly and consistently applied, helps recover listed species, and provides the maximum degree of certainty possible to all parties. As a result of that review, FWS finalized two critically important ESA rules. The FWS and the National Marine Fisheries Service (NMFS) finalized the rule, ‘‘Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat,’’ which published on June 24, 2022 (87 FR 37757), removing the regulatory definition of ‘‘habitat.’’ The FWS also finalized the rule, ‘‘Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat,’’ which published on July 21, 2022 (87 FR 43433). This rule sets forth the process for excluding areas of critical habitat under section 4(b)(2) of the ESA, which mandates consideration of the impacts of designating critical habitat and permits exclusions of particular areas following a discretionary exclusion analysis. FWS published a final rule on September 16, 2022 (87 FR 57838), ‘‘2022–2023 Station-Specific Hunting and Sport Fishing Regulations,’’ (1018– BF66) and opened, for the first time, two National Wildlife Refuges (NWRs) that VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 are currently closed to hunting and sport fishing. In addition, FWS opened or expanded hunting or sport fishing at 16 other NWRs and added pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, or sport fishing for the 2022–2023 season. The FWS also changed existing station-specific regulations to reduce regulatory burden on the public and increase access for hunters and anglers on FWS lands and waters. Bureaus and Offices Within the Department of the Interior The following is an overview of some of the major regulatory and deregulatory priorities of the Department’s Bureaus and Offices. Bureau of Indian Affairs The BIA enhances the quality of life, promotes economic opportunity, and protects and improves the trust assets of approximately 1.9 million American Indians, Indian Tribes, and Alaska Natives. The BIA maintains a government-to-government relationship with the 574 Federally Recognized Indian Tribes. The BIA also administers and manages 55 million acres of surface land and 57 million acres of subsurface minerals held in trust by the United States for American Indians and Indian Tribes. Regulatory and Deregulatory Actions Elections of Officers of the Osage Minerals Council (1076–AF58) BIA finalized revisions to its regulations governing elections of the Osage Nation (86 FR 54364, October 1, 2021). These revisions update and limit the Secretary’s role to the task of compiling a list of voters for Osage Minerals Council elections. These changes reaffirm the inherent sovereign rights of the Osage Nation to determine its membership and form of government. In the coming year, BIA will prioritize the following rulemakings: Procedures for Federal Acknowledgment of Indian Tribes (1076–AF67) This rule will update the regulations in response to recent Federal court decisions to address whether previously denied petitioners for Federal acknowledgment may petition again. Appeals From Administrative Actions (1076–AF64) This rule would clarify the processes for appeals of actions taken by officials in the Office of the Assistant Secretary— PO 00000 Frm 00109 Fmt 4701 Sfmt 4702 11073 Indian Affairs, BIA, Bureau of Indian Education, and Office of the Special Trustee for American Indians (collectively, Indian Affairs). The rule would advance the purposes of E.O. 14058 to effectively reduce administrative burdens, simplify both public-facing and internal processes to improve efficiency, and empower the Federal workforce to solve problems. The rule would streamline the process for appeals of Tribal government representative decisions, to ensure the continued government-to-government relations with the appropriate Tribal leadership is not unduly interrupted. Mining of the Osage Mineral Estate for Oil and Gas (1076–AF59) The regulations in 25 CFR part 226 would be revised to allow BIA to strengthen management of the Osage Mineral Estate by updating bonding, royalty payment and reporting, production valuation and measurement, site security, and operational requirements to address the changes in technology and industry standards that have occurred in the 48 years since the regulations were last revised and ensure consistency with Departmental regulations governing oil and gas development throughout the rest of Indian country. Land Acquisitions (1076–AF71) This rule would advance the purposes of E.O. 13985 and address the Department’s jurisdiction to acquire land in trust for certain Tribes, streamline acquisitions on existing reservations, clarify Tribal jurisdiction, and promote Tribal conservation of lands. Class III Tribal State Gaming Compact Process (1076–AF68) This rule would provide States and Tribes with a better understanding of how the Department reviews their compacts by codifying longstanding Departmental policy and interpretations of existing case law. Self-Governance PROGRESS Act Regulations (1076–AF62) This rule would implement the requirements of the Practical Reforms & Other Goals to Reinforce the Effectiveness of Self Governance & Self Determination for Indian Tribes Act (PROGRESS Act) requiring updates to BIA’s regulations governing Tribal selfgovernance. The PROGRESS Act amends subchapter I of the Indian SelfDetermination and Education Assistance Act (ISDEAA), 25 U.S.C. 5301 et seq., which addresses Indian self-determination, and subchapter IV of E:\FR\FM\22FEP2.SGM 22FEP2 11074 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda the ISDEAA which addresses the Department’s Tribal Self-Governance Program. The PROGRESS Act calls for a negotiated rulemaking committee to be established under 5 U.S.C. 565, with membership consisting only of representatives of Federal and Tribal governments, with the Office of SelfGovernance serving as the lead agency for the Department. The PROGRESS Act also authorizes the Secretary to adapt negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes. Agricultural Leasing of Indian Land (1076–AF66) This rule would update provisions addressing leasing of trust or restricted land (Indian land) for agricultural purposes to reflect updates that have been made to business and residential leasing provisions and address outdated provisions. Bureau of Land Management The BLM manages more than 245 million acres of public land, known as the National System of Public Lands, primarily located in 12 Western States, including Alaska. The BLM also administers 700 million acres of subsurface mineral estate throughout the Nation. The agency’s mission is to sustain the health, diversity, and productivity of America’s public lands for the use and enjoyment of present and future generations. lotter on DSK11XQN23PROD with PROPOSALS2 Regulatory and Deregulatory Actions In the coming year, the BLM will prioritize the following rulemaking actions: Livestock Grazing (1004–AE82) This proposed rule would revise BLM’s grazing regulations to improve resource management and increase efficiency by streamlining and clarifying grazing processes and improving coordination among Federal, State, and local government entities. The proposed rule would revise the regulations at 43 CFR parts 4100, 1600, and 1500. These revisions and additions would help provide the public and land managers with accurate and reliable information regarding grazing administration on public lands. Update of the Communications Uses Program, Right-of-Way Cost Recovery Fee Schedules and Section 512 of FLPMA for Rights-of-Way (1004–AE60) The BLM will propose amendments to its existing ROW regulations to streamline and improve efficiencies in VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 the communications uses program, update the cost recovery fee schedules for ROW work activities, and include provisions governing the development and approval of operating plans and agreements for ROWs for electric transmission and distribution facilities. Communications uses, such as broadband, are a subset of ROW activities authorized under the Federal Land Policy and Management Act of 1976 (FLPMA), as amended. Cost recovery fees apply to most ROW activities authorized under either FLPMA or the Mineral Leasing Act of 1920, as amended. This proposed rule would also implement vegetation management requirements included in the Consolidated Appropriations Act, 2018 (codified at 43 U.S.C. 1772) to address fire risk from and to powerline ROWs on public lands and national forests. The regulatory amendments would also codify statutory requirements regarding review and approval of utilities maintenance plans, liability limitations, and definitions of hazard trees and emergency conditions. Bonding (1004–AE68) This proposed rule would update the bonding procedures for ROWs on BLMmanaged public land to make them clearer and easier to understand, which would facilitate efficient bond calculations. Rights-of-Way, Leasing and Operations for Renewable Energy and Transmission Lines 43 CFR Parts 2800, 2880, 3200 (1004–AE78) This proposed rule, which published on November 7, 2022 (87 FR 67306) would revise BLM’s regulations for ROWs, leasing, and operations related to all activities associated with renewable energy and transmission lines. The Energy Act of 2020 and E.O. 14008 prioritize the Department’s need to improve permitting activities and processes to facilitate increased renewable energy production on public lands. Waste Prevention, Production Subject to Royalties, and Resource Conservation 43 CFR Parts 3160 and 3170 (1004–AE79) This proposed rule which published on November 30, 2022, (87 FR 73588) would update BLM’s regulations governing the waste of natural gas through venting, flaring, and leaks on onshore Federal and Indian oil and gas leases. The proposed rule would address the priorities associated with E.O. 14008. In addition, in accordance with E.O. 13990, this proposed rule would reduce methane emissions in the PO 00000 Frm 00110 Fmt 4701 Sfmt 4702 oil and gas sector and mitigate impacts of climate change. Revision of Existing Regulations Pertaining to Oil and Gas Leases and Leasing Process 43 CFR Parts 3100 and 3400 (1004–AE80) This proposed rule would revise BLM’s oil and gas regulations to update the fees, rents, royalties, and bonding requirements related to oil and gas leasing, development, and production. The proposed rule would also update BLM’s process for leasing to ensure the protection and proper stewardship of the public lands, including potential climate and other impacts associated with oil and gas activities. This rule would implement provisions of the IRA regarding oil and gas resources on public lands. Revision of Existing Regulations Retaining to Leasing and Operations of Geothermal 43 CFR Part 3200 (1004– AE84) This proposed rule would update and codify BLM’s Geothermal Resource Orders into regulation, including common geothermal standard practices, and inspection requirements and procedures. Protection, Management, and Control of Wild Horses and Burros 43 CFR Part 4700 (1004–AE83) This proposed rule would address wild horse and burro management challenges by adding regulatory tools that better reflect BLM’s current statutory authorities. For example, the existing regulations do not address certain management authorities that Congress has provided since 1986 to control wild horse and burro populations, such as the BLM’s authority to sell excess wild horses and burros. Updating the regulations would also facilitate management strategies and priorities that were not utilized when the regulations were originally promulgated, such as the application of fertility control vaccines, managing for nonreproducing herds, and feeding and caring for unsold and unadopted animals at off-range corrals and pastures. The proposed rule would also clarify ambiguities and management limitations in the existing regulations. Revisions to the Oil and Gas Site Security, Oil Measurement, and Gas Measurement Regulations (1004–AE87) This rule would update BLM’s existing rules governing site security and measurement of oil and gas from onshore Federal and Indian oil and gas leases. Since BLM adopted the existing rules in November 2016, the agency has E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda encountered significant challenges in implementing them. This regulatory action would rectify gaps and inconsistencies in the current regulations and improve measurement accuracy, verifiability, and accountability on Federal and Indian minerals. development of energy and mineral resources. The BOEM is working with the Department to review options for expanding renewable energy production while evaluating alternatives to better protect the lands, waters, and biodiversity of species located within the U.S. exclusive economic zone. Wildfire Prevention (1004–AE88) This rule would revise BLM’s firetrespass and cost recovery regulations. The changes would help prevent wildfires by creating a more effective deterrent to human-caused wildfires and unauthorized burning of public lands and make it easier for the agency to recover damages from wildfires. Regulatory and Deregulatory Actions In the coming year, BOEM will prioritize the following rulemaking actions: Closure and Restriction Orders (1004– AE89) This proposed rule would help BLM to better protect persons, property, and public lands and resources by allowing the agency to close or restrict the use of public lands in a timelier manner. The rule would also make BLM’s regulations more consistent with other Federal land management agencies’ closure and restriction authorities. lotter on DSK11XQN23PROD with PROPOSALS2 Sustained Yield and Land Health (1004– AE92) The BLM is drafting a rule to clarify and support the principles of multiple use and sustained yield in the management of the public lands pursuant to FLPMA and other relevant authorities. This proposed rule rests within 43 CFR 6000 and would provide an overarching framework governing multiple resource areas to ensure land health and sustained yield. This rule would affirm the important role of restoration and conservation actions in building and maintaining sustainable land management practices to ensure healthy and productive ecosystems for current and future generations. Bureau of Ocean Energy Management The mission of BOEM is to manage development of U.S. OCS energy and mineral resources in an environmentally and economically responsible way. In accordance with its statutory mandate under Outer Continental Shelf Lands Act (OCSLA), BOEM is committed to implementing its dual mission of promoting the expeditious and orderly development of the Nation’s energy resources while simultaneously protecting the marine, human, and coastal environment of the OCS State submerged lands and the coastal communities. Consistent with the policy outlined by the administration in E.O. 14008, BOEM is reevaluating its programs related to the offshore VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Renewable Energy Modernization Rule (1010–AE04) The BOEM will propose a rule that would update existing renewable energy regulations to help facilitate the timely and responsible development of renewable energy resources on the OCS and promote U.S. energy independence. This proposed rule contains reforms identified by BOEM and recommended by industry, including proposals for incremental funding of decommissioning accounts; more flexible geophysical and geotechnical survey submission requirements; streamlined approval of meteorological buoys; revised project verification procedures; and greater clarity regarding safety requirements. This rule advances the administration’s energy policies in a safe and environmentally sound manner that provides a fair return to the American taxpayer while also. Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement Renewable Energy Split Final Rule (1082–AA03) The Department updated the Departmental Manual, which transferred the safety, environmental enforcement, and compliance functions relevant to renewable energy activities on the OCS from BOEM to BSEE. BSEE and BOEM will amend their respective regulations to reflect the split of functions between the two Bureaus. Risk Management and Financial Assurance for OCS Lease and Grant Obligations (1010–AE14) The BOEM has reconsidered the financial assurance policies expressed in the joint proposed rule (85 FR 65904) issued with BSEE (1082–AA02) and has determined that it would be appropriate to issue a new proposed rule that will better protect the American taxpayers from shouldering liability for the decommissioning of offshore oil and gas facilities. The proposed rule would ensure that facilities no longer needed for oil or gas exploration, or development are shut down in a safe and environmentally responsible PO 00000 Frm 00111 Fmt 4701 Sfmt 4702 11075 manner. The proposed rule would modify the evaluation criteria for determining whether oil, gas and sulfur lessees, right-of-use and easement grant holders, and pipeline ROW grant holders may be required to provide bonds or other financial assurance, above the regulatorily prescribed amounts for base bonds, to ensure compliance with their OCS obligations. Carbon Sequestration (1082–AA04) In accordance with the BIL, BOEM and BSEE are jointly proposing to establish regulations governing carbon transportation and storage on the OCS. Carbon capture, utilization, transport and storage (CCUTS) technologies are necessary to reduce hard-to-abate emissions from the industrial sector, which emits nearly 25 percent of all carbon dioxide released into the atmosphere in the United States. The CCUTS is likely needed to achieve midcentury climate goals and has the potential to drive regional economic development, technological innovation, and high-wage employment. Protection of Marine Archaeological Resources (1010–AE11) The BOEM is tasked to consider the effects of its undertakings on significant cultural resources. Title 36 section 800.4(b)(1) (Protection of Historic Properties) of the Code of Federal Regulations requires that ‘‘the agency official shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey.’’ The BOEM would propose a rule that would revise when lessees and operators would need to conduct archaeological surveys. It would clarify when operators would submit an archaeological report with their applications and clarify the source and extent of the data utilized. Bureau of Safety and Environmental Enforcement The BSEE’s mission is to promote safety, protect the environment, and conserve resources offshore through vigorous regulatory oversight and enforcement. The BSEE is the lead Federal agency charged with improving safety and ensuring environmental protection related to conventional and renewable energy activities on the U.S. OCS. Regulatory and Deregulatory Actions In the coming year, BSEE will prioritize the following rulemaking actions: E:\FR\FM\22FEP2.SGM 22FEP2 11076 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line Proposed Rule (1014–AA44) The oil spill response requirements regulations found in 30 CFR part 254 were last updated over 20 years ago (62 FR 13996, Mar. 25, 1997). This proposed rule would update existing regulations to incorporate the latest advancements in spill response and preparedness policies and technologies, as well as lessons learned and recommendations from reports related to the Deepwater Horizon explosion and subsequent oil spill. Revisions to Subpart J—Pipelines and Pipeline Rights-of-Way Proposed Rule (1014–AA45) This proposed rule would revise specific provisions of the current pipelines and pipeline ROW regulations under 30 CFR 250 subpart J to update those regulations to align with current technology and state-of-the-art safety equipment and procedures, primarily through the incorporation of industry standards. Outer Continental Shelf Lands Act; Operating in High-Pressure and/or HighTemperature (HPHT) Environments (1014–AA49) Currently, BSEE has no regulations specific to high pressure and/or high temperature (HPHT) projects, requiring it to issue multiple guidance documents clarifying the specific HPHT information prospective operators should submit to BSEE to support the Bureau’s programmatic reviews and approvals of such projects. This final rule will formally codify BSEE’s existing process for reviewing and approving projects in HPHT environments. lotter on DSK11XQN23PROD with PROPOSALS2 Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control Revisions (RIN This rulemaking would revise BSEE regulations published in the 2019 final rule ‘‘Oil and Gas and Sulfur Operations in the Outer Continental Shelf Blowout Preventer Systems and Well Control Revisions,’’ 84 FR 21908 (May 15, 2019), for drilling, workover, completion, and decommissioning operations. Revisions to Decommissioning Requirements on the OCS (1014–AA53) This proposed rule would address issues relating to: (1) idle iron by adding a definition of this term to clarify that it applies to idle wells and structures on active leases; (2) abandonment in place of subsea infrastructure by adding regulations addressing when BSEE may approve decommissioning-in-place VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 instead of removal of certain subsea equipment; and (3) other operational considerations. Risk Management, Financial Assurance and Loss Prevention—Decommissioning Activities and Obligations (1082–AA02) On October 12, 2020, BOEM and BSEE published the joint proposed rule in the Federal Register (85 FR 65904). The BSEE will continue to pursue this rulemaking as a BSEE-only final rule to revise policies and procedures concerning compliance with decommissioning obligations for OCS oil and gas. The final rule will clarify and streamline specific regulatory requirements associated with the operational and procedural aspects of applicable decommissioning responsibilities of OCS lessees and grant holders. The BOEM will continue to evaluate and develop a comprehensive set of regulations to manage the risks and financial obligations associated with industry activities on the OCS and pursue these actions in a separate rulemaking under RIN 1010–AE14. Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement Renewable Energy Split Final Rule (1082–AA03) The BOEM currently has authority over all renewable energy activities on the OCS under regulations at 30 CFR part 585. The BOEM and BSEE are in the process of amending various chapters in the Departmental Manual to transfer the safety, environmental enforcement, and compliance functions relevant to renewable energy activities from BOEM to BSEE. Consistent with that effort, BSEE and BOEM will amend their respective regulations to reflect the split of functions between the two Bureaus. Office of the Chief Information Officer The Office of the Chief Information Officer (OCIO) provides leadership to the Department and its Bureaus in all areas of information management and technology (IT). To successfully serve the Department’s multiple missions, the OCIO applies modern IT tools, approaches, systems, and products. Effective and innovative use of technology and information resources enables transparency and accessibility of information and services to the public. In 2022, OCIO finalized the following rules: Insider Threat Program System of Records (1090–AB15) This final rule, which published on February 15, 2022 (87 FR 8427), revised PO 00000 Frm 00112 Fmt 4701 Sfmt 4702 the Department’s Privacy Act regulations at 43 CFR 2.254 to claim Privacy Act exemptions for certain records in the DOI–50, Insider Threat Program, system of records from one or more provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k), because of criminal, civil, and administrative law enforcement requirements. Social Security Number Fraud Prevention Act of 2017 Implementation (1090–AB24) This direct final rule, which published on July 14, 2022 (87 FR 42097), amends 43 CFR part 2 to add subpart M to implement the Social Security Number Fraud Prevention Act of 2017, which directs Federal agencies to issue regulations that prohibit the inclusion of an individual’s Social Security number (SSN) on any document sent through the mail unless the Secretary deems it necessary. The regulations also include requirements for protecting documents with SSNs sent through postal mail. For the coming year, OCIO will prioritize the following rules: Network Security System of Records (1090–AB14) This rule would revise the Department’s Privacy Act regulations at 43 CFR 2.254 to claim Privacy Act exemptions for certain records in the DOI–49, Network Security, system of records from one or more provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k), because of criminal, civil, and administrative law enforcement requirements. Personnel Security Files System of Records (1090–AB16) This rule would revise the Department’s Privacy Act regulations at 43 CFR 2.254 to claim Privacy Act exemptions for certain records in the DOI–45, Personnel Security Files, system of records from one or more provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k), because of criminal, civil, and administrative law enforcement requirements. Office of Acquisition and Property Management The Office of Acquisition and Property Management (PAM) coordinates Department-wide implementation of Federal policy and regulations for acquisition, including real, personal, and museum property. The PAM also directs activities in other essential areas including motor vehicle fleet management, space management, energy efficiency, water conservation, E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda renewable energy programs, and capital planning for real and personal property assets. For the coming year, PAM will prioritize the following rules: Department of the Interior Acquisition Regulation, Governance Titles (1090– AB25) The PAM proposes changes to the Department of the Interior Acquisition Regulation to update its nomenclature to align with recent changes to agency procurement governance. The senior GS–1102 contracting subject matter expert in a Department Bureau or Office has been designated as the Head of the Contracting Activity (formerly designated as the Bureau Procurement Chief). The Senior Executive who is accountable for the contracting activity has been designated as the Bureau Procurement Executive (this position was formerly designated as the Head of the Contracting Activity). These amendments enable acquisition programs to more efficiently meet the Department’s mission needs and comply with all applicable law and regulations. lotter on DSK11XQN23PROD with PROPOSALS2 Office of Hearings and Appeals The Office of Hearings and Appeals (OHA) exercises the delegated authority of the Secretary to conduct hearings and decide appeals from decisions made by the Bureaus and Offices of the Department. The OHA provides an impartial forum for parties who are affected by the decisions of the Department’s Bureaus and Offices to obtain independent review of those decisions. The OHA also handles the probating of Indian trust estates, ensuring that individual Indian interests in allotted lands, their proceeds, and other trust assets are conveyed to the decedents’ rightful heirs and beneficiaries. Updates to American Indian Probate Regulations (1094–AA55) On December 2021, OHA published this final rule (86 FR 72068) that makes regulatory changes relating to efficiency and streamlining of probate processes. This rule ensures that the Department meets its trust obligations and helps achieve the American Indian Probate Reform Act/statutory goal of reducing fractionalization of trust property interests. For the coming year, OHA will prioritize the following regulatory action: Practices Before the Department of Interior (1094–AA56) This direct final rule will amend existing regulations to keep up to date VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 office addresses for hearings and appeals purposes, to allow the OHA Director to issue interim orders in emergency circumstances, and to allow the OHA Director to issue standing orders that will improve OHA’s service to the public and the parties by modernizing its processes. Office of Hearings and Appeals (OHA) Rule (1094–AA57) This proposed rule will update outdated provisions, make process improvements, and provide a more modernized hearings and appeals process for proceedings before OHA. This is a comprehensive proposal to provide a more efficient process for OHA and the parties who appear before it, including external stakeholders and Departmental bureaus. The rule will build upon the Direct Final Rule to incorporate a new electronic filing and docket management system into OHA’s processes and will update a number of other procedural rules. Included in this proposed rule are comprehensive changes to special rules for the Interior Board of Land Appeals, Departmental Cases Hearings Division, and the Director’s office. Other provisions address specific needs of the Interior Board of Indian Appeals and the Probate Hearings Division. Office of Natural Resources Revenue The Office of Natural Resources Revenue (ONRR) is responsible for collecting, accounting for, and disbursing revenues from Federal offshore energy and mineral leases and from onshore mineral leases on Federal and Indian lands. The ONRR operates nationwide and is primarily responsible for the timely and accurate collection, distribution, and accounting of revenues associated with mineral and energy production. ONRR completed the following rulemakings: ONRR 2020 Valuation Reform and Civil Penalty Rule: Final Withdrawal Rule (1012–AA27) ONRR published a final rule on September 30, 2021, withdrawing the ONRR 2020 Valuation Reform and Civil Penalty Rule. The final rule became effective on November 1, 2021. ONRR 2020 Valuation Reform and Civil Penalty Rule: Final Withdrawal Rule (1012–AA27) On September 20, 2021, ONRR published a final rule withdrawing the ONRR 2020 Valuation Reform and Civil Penalty Rule. The final rule became effective on November 1, 2021 (86 FR 54045). PO 00000 Frm 00113 Fmt 4701 Sfmt 4702 11077 In the coming year, ONRR will prioritize the following rulemaking actions: Electronic Provision of Records During an Audit (1012–AA32) The ONRR will publish a proposed rule to amend its regulations to allow ONRR and other authorized Departmental representatives the option to require that an auditee use electronic means to provide records requested during an audit of natural resources revenue reporting and payment. ONRR Designation Form for Payment Responsibility (1012–AA33) The ONRR will publish a proposed rule to amend its regulations and revise its form for designating a designee for a Federal oil and gas lease. This action opens a 60-day comment period to allow interested parties to comment on the proposed rule and its information collection requirements. Partial Repeal of Consolidated Federal Oil & Gas and Federal & Indian Coal Reform Final Rule (1012–AA34) The ONRR is reissuing certain regulations for the valuation of Federal and Indian coal to implement a court order that vacates the coal valuation portions of a 2016 rule. These republished regulations implement the court’s order by recodifying the regulations that were in effect prior to the vacated 2016 rule. Office of Surface Mining Reclamation and Enforcement The Office of Surface Mining Reclamation and Enforcement (OSMRE) was created by the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The OSMRE works with States and Tribes to ensure that citizens and the environment are protected during coal mining and that the land is restored to beneficial use when mining is finished. The OSMRE and its partners are also responsible for reclaiming and restoring lands and water degraded by mining operations before 1977. The OSMRE focuses on overseeing the State programs and developing new tools to help the States and Tribes get the job done. The OSMRE also works with colleges and universities and other State and Federal agencies to further the science of reclaiming mined lands and protecting the environment, including initiatives to promote planting more trees and restoring much-needed wildlife habitat. E:\FR\FM\22FEP2.SGM 22FEP2 11078 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Regulatory and Deregulatory Actions OSMRE completed the following rulemaking: On August 24, 2022, OSMRE published its Abandoned Mine Land (AML) Fee Renewal final rule (87 FR 51904), making amendments to its regulations governing the AML Fund to be consistent with the BIL, which included the Abandoned Mine Land Reclamation Amendments of 2021. The final rule reflects the extension of OSMRE’s statutory authority to collect reclamation fees for an additional 13 years, the 20 percent reduction in fee rates, and a change to maintain the existing the grant distribution formula for eligible States and Tribes. For coming year, OSMRE will prioritize the following regulatory actions: Ten Day Notices (1029–AC81) This rule would amend OSMRE’s regulations on the ten-day notices rule that went into effect on December 24, 2020. The proposed rule would also amend the existing rules about when OSMRE sends ten-day notices to State regulatory authorities regarding possible SMCRA violations. lotter on DSK11XQN23PROD with PROPOSALS2 Emergency Preparedness for Impoundments (1029–AC82) This rule would incorporate certain aspects of the Federal Guidelines for Dam Safety (FGDS) into OSMRE’s existing regulations. These regulations relate to emergency preparedness for impoundments and propose to incorporate the FGDS Emergency Action Plans (EAP) and After-Action Reports (AAR). The proposed rule may result in revisions to OSMRE’s regulations at 30 CFR 701.5, 780.25, 784.16, 816.49, 817.49, 816.84, and 817.84. Also, OSMRE may add new provisions to the regulations to explain the EAP and AAR requirements and align the classification of impoundments with industry and other Government agency standards. U.S. Fish and Wildlife Service The mission of FWS is to work with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people. The FWS provides opportunities for Americans to enjoy the outdoors and our shared natural heritage. The FWS also promotes and encourages the pursuit of recreational activities such as hunting and fishing and wildlife observation. The FWS manages a network of 568 NWRs, with at least 1 refuge in each U.S. State and Territory, and with more than 100 refuges close to major urban centers. The Refuge System plays an VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 essential role in providing outdoor recreation opportunities to the American public. In 2020, more than 61 million visitors went to refuges to hunt, fish, observe or photograph wildlife, or participate in environmental education or interpretation. The FWS fulfills its responsibilities through a diverse array of programs that: • Protect and recover endangered and threatened species; • Monitor and manage migratory birds; • Restore nationally significant fisheries; • Enforce Federal wildlife laws and regulate international trade; • Conserve and restore wildlife habitat such as wetlands; • Manage and distribute over a billion dollars each year to States, Territories, and Tribes for fish and wildlife conservation; • Help foreign governments conserve wildlife through international conservation efforts; and • Fulfill our Federal Tribal trust responsibility. Regulatory and Deregulatory Actions FWS completed the following rulemakings: Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl (1018–BF01) This final rule, which published on November 10, 2021 (86 FR 62606), withdrew and revised the final rule published on January 15, 2021 (86 FR 4820) to redesignate critical habitat for the northern spotted owl (Strix occidentalis caurina) under the ESA. After a review of the best available scientific and commercial information, FWS withdrew the 2021 final rule that would have excluded approximately 3.4 million acres (1.4 million hectares) of designated critical habitat for the northern spotted owl. Instead, on August 11, 2020 (85 FR 48487), the FWS proposed exclusions under section 4(b)(2) of the ESA and then finalized revisions to the species’ designated critical habitat by excluding approximately 204,294 acres (82,675 hectares) in Oregon. Endangered and Threatened Wildlife and Plants; Revision of the Regulations for Listing Endangered and Threatened Species and Designation of Critical Habitat (1018–BE69) On June 24, 2022 (87 FR 37757), FWS and the NMFS rescinded the final rule titled, ‘‘Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened PO 00000 Frm 00114 Fmt 4701 Sfmt 4702 Species and Designating Critical Habitat’’ (87 FR 37757, December 1, 2020). The 2022 final rule removed the regulatory definition of ‘‘habitat’’ established by the 2020 rule. Endangered and Threatened Wildlife and Plan; Revision of the Regulations for Designating Critical Habitat (1018– BD84) On July 21, 2022, FWS published the final rule, ‘‘Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat’’ (87 FR 43433). The final rule rescinded the rule, ‘‘Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat,’’ that published on December 18, 2020, (85 FR 82376) and became effective January 19, 2021. The rule set forth new regulations addressing how we exclude areas of critical habitat under section 4(b)(2) of the ESA, outlining when and how FWS will undertake an exclusion analysis. The 2022 rule removed the regulations established by the 2020 rule. Regulations Governing Take of Migratory Birds (1018–BD76) On January 7, 2021, FWS published a final rule defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA (86 FR 1134). On October 4, 2021, FWS published a final rule revoking the January 7, 2021, rule (86 FR 54642). The effect of this rule is a return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent. Revision of Regulations Implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates Following the Eighteenth Meeting of the Conference of the Parties (CoP18) to CITES (1018–BF14) On February 23, 2022, FWS published a final rule, ‘‘Implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates Following the Eighteenth Meeting of the Conference of the Parties (CoP18) to CITES,’’ (87 FR 10073). The final rule revised regulations that implement CITES by incorporating certain non-controversial provisions adopted at the 16th through 18th meetings of the Conference of the Parties (CoP16–CoP18) to CITES and clarifying and updating certain other provisions. These changes bring U.S. regulations in line with certain revisions adopted at the three most recent E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda meetings of the CoP, which took place in March 2013 (CoP16), September– October 2016 (CoP17), and August 2019 (CoP18). The revised regulations also enable FWS to more effectively promote species conservation, help us continue to fulfill our responsibilities under the Treaty, and help those affected by CITES to understand how to conduct lawful international trade. 2022–2023 Station-Specific Hunting and Sport Fishing Regulations (1018–BF09) This rule made additions and revisions to station-specific regulations and expanded hunting and sport fishing opportunities for the 2022–23 hunting and sport fishing season. This action is part of an annual update for the national wildlife refuge system and the national fish hatchery system that ensures adequate public notice of openings and changes. These changes and openings enhance conservation stewardship and outdoor recreation and improve the management of game species and their habitat. The FWS operates hunting and sport fishing programs on refuges to implement Congressional directives to facilitate compatible priority wildlifedependent recreational opportunities. Although hatcheries are not part of the national wildlife refuge system, by regulation, the administrative provisions of refuge regulations are applied to national fish hatchery areas. In the coming year, FWS will prioritize the following rulemaking actions: lotter on DSK11XQN23PROD with PROPOSALS2 Regulations Under the Endangered Species Act The FWS will promulgate multiple regulatory actions under the ESA to prevent the extinction of and facilitate the recovery of both domestic and foreign animal and plant species. Accordingly, FWS will add species to, remove species from, and reclassify species on the Lists of Endangered and Threatened Wildlife and Plants and designate critical habitat for certain listed species, in accordance with the National Listing Workplan (Workplan). The Workplan enables FWS to prioritize workloads based on the needs of candidate and petitioned species, while providing greater clarity and predictability about the timing of listing determinations to State wildlife agencies, nonprofit organizations, and other stakeholders and partners. The Workplan represents the conservation priorities of FWS based on its review of scientific information. The goal is to encourage proactive conservation so that Federal protections are not needed in the first place. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 The FWS also plans to promulgate several species-specific rules to protect threatened species under section 4(d) of the ESA. Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat (1018– BF95) Per section 2 of E.O. 13990 and the ‘‘Fact Sheet: List of Agency Actions for Review,’’ the Departments of Commerce and the Interior (Departments) initiated a review of the August 27, 2019, final rule (84 FR 45020) that revised the regulations for adding and removing species from the Lists of Endangered and Threatened Wildlife and Plants and the procedures for designating critical habitat. On July 5, 2022, the 2019 rule was vacated and remanded by the U.S. District Court for the Northern District of California. In response to the court order, the Departments will propose a new rulemaking. Endangered and Threatened Wildlife and Plants; Interagency Cooperation (1018–BF96) Per section 2 of E.O. 13990 and the ‘‘Fact Sheet: List of Agency Actions for Review,’’ the Departments initiated a review of the August 27, 2019, final rule (84 FR 44976) that revised portions of the regulations that implement section 7 of the ESA, as amended. On July 5, 2022, the 2019 rule was vacated and remanded by the U.S. District Court for the Northern District of California. In response to the court order, the Departments will propose a new rulemaking. Regulations Under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act: Migratory Bird Permits; Authorizing the Incidental Take of Migratory Birds (1018–BF71) This proposed rulemaking action would amend FWS regulations by providing definitions to terms used in the MBTA, as amended. This proposed rule would clarify that the MBTA’s prohibitions on taking and killing migratory birds includes foreseeable, direct taking and killing that is incidental to other activities. The proposed rule would also establish authorizations for otherwise prohibited take of migratory birds. Eagle Permits; Incidental Take (1018– BE70) FWS published this proposed rule on September 30, 2022 (87 FR 59598). This proposed rule seeks public and regulated-community input on potential approaches for further expediting and PO 00000 Frm 00115 Fmt 4701 Sfmt 4702 11079 simplifying the permit process authorizing incidental take of eagles. The proposed rule would revise the regulations authorizing eagle incidental take and eagle nest take permits to increase the efficiency and effectiveness of permitting, facilitate and improve compliance, and increase the conservation benefit for eagles. The proposed rule would create general eagle permits for certain activities under prescribed conditions in addition to specific eagle permits authorized under current regulations. Possession of Migratory Bird Feathers (1018–BB88) This proposed rule will seek public comments on: (1) authorized possession of naturally molted migratory bird feathers, including those from bald eagles and golden eagles; (2) collection, possession, and use of migratory birds by enrolled members of federally recognized Tribes; and (3) administrative changes to the current 50 CFR 22.60, Eagle Indian Religious Permits. National Park Service The NPS preserves the natural and cultural resources and values within 423 units of the National Park System encompassing more than 85 million acres of lands and waters for the enjoyment, education, and inspiration of this and future generations. The NPS also cooperates with partners to extend the benefits of resource conservation and outdoor recreation throughout the United States and the world. Regulatory and Deregulatory Actions NPS completed the following rulemakings: Colonial National Historical Park; Vessels and Commercial PassengerCarrying Motor Vehicles (1024–AE39) This final rule published, which published on December 15, 2021 (86 FR 71148), amended the special regulations for Colonial National Historical Park. The rule removed a regulation that prevents the Superintendent from designating sites within the park for launching and landing private vessels and removed outdated permit and fee requirements for commercial passengercarrying vehicles. Pictured Rocks National Lakeshore; Snowmobiles (1024–AE53) This final rule, which published on February 1, 2022, (87 FR 5402), clarified where snowmobiles may be used within the boundaries of the Lakeshore by replacing general language allowing snowmobiles on unplowed roads and E:\FR\FM\22FEP2.SGM 22FEP2 11080 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda the shoulders of plowed roads with a comprehensive list of designated snowmobile routes. Saint Croix National Scenic Riverway; Bicycling (1024–AE64) This final rule, which published on February 17, 2022, allows the use of bicycles on approximately 0.25 miles of new trail in Saint Croix National Scenic Riverway. Curation of Federally Owned and Administered Archeological Collections (1024–AE58) This final rule, which published on April 15, 2022 (87 FR 22447), amends the regulations for the curation of Federally owned and administered archeological collections to establish definitions, standards, and procedures to dispose of particular material remains that are determined to be of insufficient archaeological interest. This rule promotes more efficient and effective curation of these archeological collections. In FY 2023, NPS will prioritize the following rulemaking actions: lotter on DSK11XQN23PROD with PROPOSALS2 Native American Graves Protection and Repatriation Act Systematic Process for Disposition and Repatriation of Native American Human Remains, Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony (1024–AE19) This rule which published on October 18, 2022 (87 FR 63202), would revise the NAGPRA implementing regulations. The rule would eliminate ambiguities, correct inaccuracies, simplify excessively burdensome and complicated requirements, clarify timelines, and remove offensive terminology in the existing regulations that have inhibited the respectful repatriation of most Native American human remains. This rule would simplify and improve the regulatory process for repatriation and thereby advance the goals of racial justice, equity, and inclusion. Alaska; Hunting and Trapping in National Preserves (1024–AE70) This rule would amend NPS regulations for sport hunting and trapping in national preserves in Alaska. This rule would prohibit certain harvest practices, including bear baiting; and prohibit predator control or predator reduction on national preserves. Bureau of Reclamation The Bureau of Reclamation’s (Reclamation) mission is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 interest of the American public. To accomplish this mission, Reclamation employs management, engineering, and science to achieve effective and environmentally sensitive solutions. Reclamation’s projects provide irrigation water service; municipal and industrial water supply; hydroelectric power generation; water quality improvement; groundwater management; fish and wildlife enhancement; outdoor recreation; flood control; navigation; river regulation and control; system optimization; and related uses. In addition, Reclamation continues to provide increased security at its facilities. Regulatory and Deregulatory Actions In FY 2023, Reclamation will prioritize the following rulemaking action: Public Conduct on Bureau of Reclamation Facilities, Lands and Waterbodies (1006–AA58) This proposed update to an existing rule would revise existing definitions for the use of aircraft; the possession of firearms, update regulations on camping, swimming, and winter recreation for the wide range of circumstances found across Reclamation; and would clarify the permitting of memorials and reburials on Reclamation lands. Departmental Paleontological Resources Preservation (1093–AA25) In FY 2022, the Department published a final rule on August 2, 2022, (87 FR 47296) that addresses the management, collection, and curation of paleontological resources on or from Federal lands administered by the Department using scientific principles and expertise, including collection in accordance with permits; curation in an approved repository; and maintenance of confidentiality of specific locality data. DOI—BUREAU OF LAND MANAGEMENT (BLM) Final Rule Stage 117. • Onshore Oil and Gas Operations– Annual Civil Penalties Inflation Adjustments [1004–AE91] Priority: Other Significant. Legal Authority: Pub. L. 114–74, sec. 701 CFR Citation: 43 CFR part 3160. Legal Deadline: Final, Statutory, January 15, 2023, Required by the Federal Civil Penalties Inflation PO 00000 Frm 00116 Fmt 4701 Sfmt 4702 Adjustment Act Improvements Act of 2015. By statute, the rule must publish by January 15th each year. Abstract: This rule adjusts the level of civil monetary penalties contained in the Bureau of Land Management’s (BLM) regulations governing onshore oil and gas operations and coal trespass as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Act). The penalty adjustments made by this final rule constitute the 2023 annual inflation adjustments, accounting for 1 year of inflation spanning the period from October 2021 through October 2022. The adjustments made by this final rule constitute the annual inflation adjustments contemplated by the Act. Statement of Need: This rule adjusts the level of civil monetary penalties contained in the Bureau of Land Management’s (BLM) regulations governing onshore oil and gas operations and coal trespass as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Act). The penalty adjustments made by this final rule constitute the 2023 annual inflation adjustments, accounting for 1 year of inflation spanning the period from October 2021 through October 2022. The adjustments made by this final rule constitute the annual inflation adjustments contemplated by the Act. Summary of Legal Basis: This action is mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114– 74, sec. 701). Alternatives: N/A. Anticipated Cost and Benefits: TBD. Risks: None. Timetable: Action Final Action ......... Date FR Cite 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Sheila Mallory, Acting Division Chief, Fluid Minerals Division, Department of the Interior, Bureau of Land Management, 20 M Street SE, Washington, DC 20003, Phone: 775 287–3293, Email: smallory@ blm.gov. Related RIN: Previously reported as 1004–AE77 RIN: 1004–AE91 BILLING CODE 4334–63–P E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda DEPARTMENT OF JUSTICE (DOJ)— FALL 2022 lotter on DSK11XQN23PROD with PROPOSALS2 Statement of Regulatory Priorities The mission of the Department of Justice is to uphold the rule of law, to keep our country safe, and to protect civil rights. In carrying out this mission, the Department is guided by the core values of integrity, fairness, and commitment to promoting the impartial administration of justice—including for those in historically underserved, vulnerable, or marginalized communities. Consistent with its mission and values, the Department is prioritizing activities that protect the public against foreign and domestic threats, strengthen enforcement of civil rights laws, defend against domestic and international terrorism, combat gun violence, prevent and control crime, and reform criminal justice systems. Because the Department of Justice is primarily a law enforcement agency, not a regulatory agency, it carries out its principal investigative, prosecutorial, and other enforcement activities through means other than the regulatory process. Regulatory action is, however, a significant aspect of the law enforcement mission of the Department. The regulatory priorities of the Department include initiatives in the areas of criminal justice reform, immigration, and gun violence reduction, and are effectuated through rulemaking by the various components of the Department. These initiatives, as well as others important to components’ accomplishing key law enforcement priorities, are summarized below. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ATF issues regulations to enforce and implement federal laws relating to the manufacture, importation, sale, and other commerce in firearms and explosives. Such regulations are designed to promote the ATF mission to curb illegal traffic in, and criminal use of, firearms and explosives, to assist state, local, Tribal, territorial, and other federal law enforcement agencies in reducing violent crime. ATF will continue, as a priority during fiscal year 2022, to seek modifications to its regulations governing commerce in firearms and explosives in furtherance of these important goals. The Department has proposed to amend ATF’s regulations to set forth factors considered when evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Firearms Act and/or the Gun Control Act (RIN 1140–AA55). ATF also has begun a rulemaking process that amends 27 CFR part 447 to update the terminology in ATF’s import control regulations based on similar terminology amendments made by the Department of State on the U.S. Munitions List in the International Traffic in Arms Regulations, and the Department of Commerce on the Commerce Control List in the Export Administration Regulations (RIN 1140– AA49). Bureau of Prisons (BOP) BOP issues regulations to enforce and implement federal laws relating to its mission: to protect public safety by ensuring that federal offenders serve their sentences of imprisonment in facilities under conditions that are safe, humane, cost-efficient, and appropriately secure, and to provide rehabilitative and reentry programming to ensure their successful return to their communities. BOP continues to sustain its Incident Action Plan, developed in response to 2020 pandemic conditions, to facilitate continuity of operations, supplies, inmate movement, visitation, staff training, and official staff travel. As pandemic conditions continue to evolve, so do elements of BOP’s Incident Action Plan. BOP also relies upon guidance from the World Health Organization (WHO), the Centers for Disease Control and Prevention, the Office of Personnel Management, DOJ, and the Office of the Vice President. BOP’s Health Services of Division closely monitors the spread of monkeypox, and is prepared to respond, accordingly. The First Step Act (FSA) of 2018, Public Law 115–391, 132 Stat. 5194 (2018) brings a host of regulatory changes for BOP. The BOP has enacted regulations for eligible inmates to earn FSA Time Credits towards prerelease custody or early transfer to supervised release. Inmates earn FSA Time Credits for successfully completing approved Evidence-Based Recidivism Reduction Programs or Productive Activities assigned to each inmate based on the inmate’s risk and needs assessment. BOP will also finalize regulations implementing additional legislative changes enacted in the FSA to broaden the Good Conduct Time Credit system, revise inmate disciplinary regulations, and set aside inmate pay for prerelease purposes. BOP will also finalize a rule to clarify that the Director has authority to allow prisoners placed in home confinement under the CARES Act to remain in home confinement after the PO 00000 Frm 00117 Fmt 4701 Sfmt 4702 11081 expiration of the covered emergency period (RIN 1120–AB79). The Bureau is actively pursuing proposed rules to update the inmate disciplinary code, inmate legal activities rules, and inmate financial responsibility program procedures. Final rules are soon to be issued to grant District of Columbia inmates good conduct time credits for educational programs, update technical sections of tort claims and administrative procedures programs, clarify use of force policy for less-than-lethal munitions to align with Executive Order 14074, and provide for more rapid infectious disease testing for new inmates. Civil Rights Division (CRT) CRT works to uphold the civil and constitutional rights of all persons in the United States, particularly some of the most vulnerable members of our society. Consistent with this mission, CRT plans to engage in five separate rulemakings on disability rights. First, CRT plans to propose technical standards for public entities’ websites under title II of the Americans with Disabilities Act (ADA) to help public entities meet their existing ADA obligations to ensure their websites are accessible to people with disabilities (RIN 1190–AA79). Second, CRT plans to amend the current DOJ regulation under section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability in programs and activities conducted by an executive agency, to bring it up to date (RIN 1190– AA73). Third, CRT will propose standards that address the accessibility of medical diagnostic equipment under titles II and III of the ADA (RIN 1190– AA78). Fourth, CRT intends to propose requirements for pedestrian facilities in the public right-of-way, such as sidewalks and crosswalks, covered by subtitle A of title II of the ADA that are consistent with the Access Board’s minimum Accessibility Guidelines for Pedestrian Facilities in the Public Rightof-Way to help public entities meet their existing ADA obligations to make those facilities accessible (RIN 1190–AA77). Last, CRT plans to publish an advance notice of proposed rulemaking seeking public input on possible revisions to its ADA regulations to ensure the accessibility of equipment and furniture in public entities’ and public accommodations’ programs and services (RIN 1190–AA76). Drug Enforcement Administration (DEA) DEA is the agency primarily responsible for coordinating the drug law enforcement activities of the United E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11082 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda States and also assisting in the implementation of the President’s National Drug Control Strategy. DEA implements and enforces titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and the Controlled Substances Import and Export Act (21 U.S.C. 801–971), as amended, collectively referred to as the Controlled Substances Act (CSA). DEA’s mission is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system those organizations and individuals involved in the growing, manufacture, or distribution of controlled substances and listed chemicals appearing in or destined for illicit traffic in the United States. The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while providing for the legitimate medical, scientific, research, and industrial needs of the United States. Pursuant to its statutory authority, DEA intends to continue with the following priority regulations that appeared on the Fall 2021 Unified Agenda: A regulation that allows practitioners, subject to certain limitations, to supply up to a three—day supply of buprenorphine or other medications for maintenance and detoxification treatment of opioid use disorder, as instructed by Congress in Public Law 116–215 (RIN–1117–AB73). Additionally, DEA anticipates publishing a proposed rule that promulgates changes which would enable data-waived registrants to prescribe Buprenorphine under limited circumstances to patients with substance use disorder by utilizing audio-only telecommunication systems (RIN 1117–AB78). DEA also proposes the following priority actions to the Fall 2022 Unified Agenda: DEA intends to publish a proposed regulation that will authorize the issuance of registrations for telemedicine, and to prescribe the limited circumstances in which they may be obtained and used (RIN 1117– AB40). DEA also intends to publish a proposed regulation to amend the reporting requirements found at 21 CFR 1310.05(b)(2) mandating notification to DEA of domestic transactions involving tableting and encapsulating machines 15-days before the seller ships the machine. The draft regulation also proposes to amend the definitions of a ‘‘tableting machine’’ and an VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 ‘‘encapsulating machine’’ to include ‘‘parts thereof.’’ Finally, the draft regulation seeks to modernize customer verification requirements for transactions and proposes modifications to DEA Form 452 to improve tracking of transactions of tableting and encapsulating machines (RIN 1117– AB80). Executive Office for Immigration Review (EOIR) EOIR’s primary mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings relating to immigration-related employment practices. Immigration judges in EOIR’s Office of the Chief Immigration Judge adjudicate cases to determine whether noncitizens should be ordered removed from the United States or should be granted some form of protection or relief from removal. The Board of Immigration Appeals (BIA) has jurisdiction over appeals from the decisions of immigration judges, as well as other matters specified by regulation. Accordingly, the Department of Justice has a significant role in the administration of the nation’s immigration laws. The Attorney General also is responsible for civil litigation and criminal prosecutions relating to the immigration laws. Consistent with Executive Order 14010, EOIR is developing several regulations related to the asylum system. Specifically, EOIR is working with the Department of Homeland Security (DHS) to finalize an interim final rule that amended the procedures for the processing of asylum claims in expedited removal proceedings (RIN 1125–AB20). In addition, EOIR and DHS intend to propose a rule to address the circumstances in which an individual would be considered a member of a ‘‘particular social group’’ (RIN 1125– AB13). Similarly, EOIR and DHS intend to propose rules that would rescind bars to asylum implemented by three prior rules: RIN 1125–AA87 related to certain kinds of an applicant’s criminal activity, RIN 1125–AA91 related to an applicant’s transit through third countries, and RIN 1125–AB08 related to certain kinds of public health concerns. Moreover, EOIR intends to issue a rule to rescind or revise previous regulatory amendments regarding the time allowed for filing applications for asylum and withholding of removal by PO 00000 Frm 00118 Fmt 4701 Sfmt 4702 individuals in proceedings before EOIR (RIN 1125–AB15). Finally, EOIR is also working to revise and update the regulations relating to immigration proceedings to increase efficiency, while also safeguarding due process. EOIR is drafting a proposed rule that would provide guidance on administrative closure and termination procedures before the immigration courts and the BIA and make other revisions to ensure that BIA adjudications appropriately balance due process and efficiency considerations (RIN 1125–AB18). Federal Bureau of Investigation (FBI) The FBI is responsible for protecting and defending the United States against terrorist and foreign intelligence threats, upholding and enforcing the criminal laws of the United States, and providing leadership and criminal justice services to federal, state, local, tribal territorial, and international agencies and partners. Only in limited contexts does the FBI rely on rulemaking. For example, the FBI drafted a proposed rule to establish the criteria for use by a designated entity in deciding fitness as described under the Child Protection Improvements Act (CPIA), 34 U.S.C. 40102, Public Law 115–141, div. S. title I, section 101(a)(1), Mar. 23, 2018, 132 Stat. 1123. The CPIA requires that the Attorney General, by rule, establish the criteria for use by designated entities in making a determination of fitness described in subsection (b)(4) of the Act concerning whether the provider has been convicted of, or is under pending indictment for, a crime that bears upon the provider’s fitness to have responsibility for the safety and wellbeing of children, the elderly, or individuals with disabilities and shall convey that determination to the qualified entity. Such criteria shall be based on the criteria established pursuant to section 108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (34 U.S.C. 40102 note) and section 658H of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f). The FBI is also drafting rules to implement the Bipartisan Safer Communities Act of 2022 (BSCA), 28 U.S.C. 534, 34 U.S.C. 40901, and 34 U.S.C., Subt. IV, ch. 411, Refs. & Annos., Public Law 117–159, div A, title II, sections 12001(a) and 12004(h), June 25, 2022, 136 Stat. 1313 and the National Instant Criminal Background Check System (NICS) Denial Notification Act (NDNA) of 2022, 18 U.S.C. 921, 18 U.S.C. 925B through 925D, Public Law E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda 117–103, div. W, title XI, sections 1101 through 1103, March 15, 2022, 136 Stat. 919. In accordance with the BSCA, the FBI will propose regulatory amendments to include, but not be limited to: authorizing and establishing the process for federal firearm licensees (FFLs) to receive access to records of stolen firearms maintained in the FBI’s National Crime Information Center to verify if a firearm offered for sale to the FFL has been reported stolen; authorizing, and establishing the process for, FFLs to use NICS for the purpose of voluntary background checks of current and/or prospective employees of the FFL; and establishing the process when NICS has been contacted for the prospective transfer of a firearm to a person under the age of 21. For NICS transactions involving persons under the age of 21, proposed regulation amendments will address, but may not be limited to the BSCA provisions regarding: (A) the application of a delay, up to the tenth business day, if cause exists to further investigate a possibly disqualifying juvenile record; (B) the required collection (and any purge/ retention) of residential address information submitted by an FFL so the FBI may comply with the expanded background checks of such persons; and (C) the process for conducting the expanded background checks to determine if certain entities where such persons reside (the state criminal history repository or juvenile justice information system, the state custodian of mental health adjudication records; and local law enforcement) have records establishing ‘‘cause’’ that such persons have possibly disqualifying juvenile records under 18 U.S.C., section 922(d). The NDNA mandates that, when the FBI denies a firearm transfer during a NICS transaction, the Attorney General is to report various information about that denial to local law enforcement authorities in the state or tribe where a firearm was sought for transfer and, if different, the local law enforcement authorities of the state or tribe where the person resides. ‘‘Local law enforcement authority’’ is defined by the NDNA at 18 U.S.C., section 921(a). Regulatory amendments will be drafted outlining the process for submitting, and the contents of, such denial notifications, including language similar to the BSCA, addressing the required collection (and purge/retention) of a prospective transferee’s residential address so the FBI may contact the proper local law enforcement authorities should the transaction be denied. Regulatory proposals based on the NDNA will also address denial notifications being sent VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 to prosecution authorities in the jurisdiction where the firearm was sought and circumstances where authorities need to be updated that a person who was the subject of a denial notification has subsequently been determined to not be prohibited. Regulation proposals from the NDNA will also address the Attorney General’s new, annual report to Congress concerning denial notifications, and related statistics, from the previous year. DOJ—BUREAU OF PRISONS (BOP) Final Rule Stage 118. Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act [1120–AB79] Priority: Other Significant. Legal Authority: 5 U.S.C. 301; 5 U.S.C. 4001; 28 U.S.C. 509, 510 CFR Citation: 28 CFR 0. Legal Deadline: None. Abstract: The Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) authorizes the Director of the Bureau of Prisons (Director), during the covered emergency period and upon a finding by the Attorney General that emergency conditions resulting from the Coronavirus Disease 2019 (COVID–19) pandemic materially affect the functioning of the Bureau of Prisons (Bureau or BOP), to lengthen the maximum amount of time for which a prisoner may be placed in home confinement. This proposed rule affirms that the Director has the authority to allow prisoners placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period. Statement of Need: While the home confinement program under the CARES Act has been a measurable success, inmates and their families have sought assurance that those already on home confinement will not be abruptly returned to secure custody after the end of the covered emergency period. The Department remains sensitive to these concerns and agrees with Congress’s clear indication of support for expanding the use of home confinement based on the needs of individual offenders. Affirming that the BOP has the authority to allow prisoners placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period will support the Bureau’s ability to efficiently manage its resources and nimbly address changing circumstances in the community, in PO 00000 Frm 00119 Fmt 4701 Sfmt 4702 11083 relation to the needs and profiles of individual inmates. Summary of Legal Basis: The Department concludes that the most reasonable interpretation of the CARES Act permits the Bureau to continue to make individualized determinations about the conditions of confinement for inmates placed in home confinement under the CARES Act, as it does with respect to all prisoners—(See 18 U.S.C. 3621(a) (‘‘A person who has been sentenced to a term of imprisonment . . . shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed . . . . . . .’’)—following the end of the covered emergency period. In a December 2021 opinion, the Office of Legal Counsel (‘‘OLC’’) concluded that section 12003(b)(2) and BOP’s preexisting authorities does not require that prisoners in extended home confinement be returned en masse to correctional facilities when the emergency period ends. Even if the relevant provision of the CARES Act were considered ambiguous, however, the Department’s interpretation represents a reasonable one that would warrant deference under Chevron, U.S.A., Inc. Alternatives: The alternative to this rule would be for the Bureau to return inmates currently in home confinement to secure custody en masse, at the end of the covered emergency period without making an individualized assessment or identifying a penological, rehabilitative, public health, or public safety basis for the action. Anticipated Cost and Benefits: Although placements under the CARES Act were not made for reentry purposes, the Department concludes that the best use of Bureau resources and the best outcome for affected inmates is to allow the agency to make individualized assessments of CARES Act placements, with a focus on supporting inmates’ eventual reentry into the community. Allowing the Bureau discretion to determine whether inmates who have been successfully serving their sentences in the community should remain in home confinement will allow the Bureau to ground those decisions upon case-by-case assessments consistent with penological, rehabilitative, public health, and public safety goals, rather than categorically requiring all inmates placed on CARES Act home confinement to be treated the same. Risks: An inmate placed in home confinement is not considered released from Bureau custody. Rather, the inmate continues serving their sentence at home in their community. These E:\FR\FM\22FEP2.SGM 22FEP2 11084 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda individuals must follow a set of rules designed to aid in their management, facilitate their reintegration into society, and support their rehabilitative efforts. For example, they are required to remain in the home during specified hours and are permitted to leave only for work or other preapproved activities, such as occupational training or therapy. Moreover, inmates in home confinement must submit to drug and alcohol testing and counseling requirements. Supervision staff monitor inmates’ compliance with the conditions of home confinement by electronic monitoring equipment or, in a few cases for medical or religious accommodations, frequent telephone and in-person contact. Data show that these procedures have been working to preserve public safety where inmates were placed on extended home confinement under the CARES Act, and the De Timetable: Action Date Final Rule ............ FR Cite 02/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Daniel J. Crooks, III, Assistant General Counsel, Department of Justice, Bureau of Prisons, HOLC Building, 320 First Street NW, Washington, DC 20534, Phone: 202 451– 7992, Fax: 202 235–4577, Email: dcrooks@bop.gov. RIN: 1120–AB79 DOJ—CIVIL RIGHTS DIVISION (CRT) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 119. Implementation of the ADA Amendments Act of 2008: Federally Conducted (Section 504 of the Rehabilitation Act of 1973) [1190– AA73] Priority: Other Significant. Legal Authority: Pub. L. 110–325; 29 U.S.C. 794 (sec. 504 of the Rehab. Act of 1973); E.O. 12250 (45 FR 72855) CFR Citation: 28 CFR 39. Legal Deadline: None. Abstract: Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), prohibits discrimination on the basis of disability in programs and activities conducted by an Executive agency. The Department plans to revise its 504 Federally conducted regulation at 28 CFR part 39 to incorporate amendments to the statute, including the changes in the meaning and interpretation of the VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 applicable definition of disability required by the ADA Amendments Act of 2008, Public Law 110–325, 122 Stat. 3553 (Sep. 25, 2008); incorporate requirements and limitations stemming from judicial decisions; and make other non-substantive clarifying edits, including updating outdated terminology and references. Statement of Need: This rule is necessary to bring the Department’s prior section 504 Federally conducted regulation, which has not been updated in three decades, into compliance with judicial decisions establishing rights and limitations under section 504, as well as statutory amendments to the Rehabilitation Act, including the new definition of disability provided by the ADA Amendments Act of 2008, which became effective on January 1, 2009. Additionally, following the passage of the Americans with Disabilities Act (ADA), amendments to the Rehabilitation Act sought to ensure that the same precepts and values embedded in the ADA were also reflected in the Rehabilitation Act. To ensure the intended parity between the two laws, it is also necessary to update the Federally conducted regulation to align it with the relevant provisions of Title II of the ADA. An updated Federally conducted regulation would consolidate the existing Section 504 requirements in one place for easy reference. Summary of Legal Basis: The summary of the legal basis of authority for this regulation is set forth above in the abstract. Alternatives: There are no appropriate alternatives to issuing this NPRM since it implements requirements and limitations arising from the statute and judicial decisions. Anticipated Cost and Benefits: Because the NPRM would incorporate existing legal requirements and limitations in the Department’s section 504 Federally conducted regulation, the Department does not anticipate any costs from this rule. Risks: Failure to update the Department’s section 504 Federally conducted regulation to conform to legal requirements and limitations provided under statute and judicial decisions will interfere with the Department’s ability to meet its non-discrimination requirements under section 504. Timetable: Action Date NPRM .................. NPRM Comment Period End. PO 00000 Frm 00120 12/00/22 02/00/23 Fmt 4701 Sfmt 4702 FR Cite Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Federal. Additional Information: Transferred from RIN 1190–AA60. Agency Contact: Rebecca Bond, Chief, Disability Rights Section, Department of Justice, Civil Rights Division, 4 Constitution Square, 150 M Street NE, Washington, DC 20002, Phone: 202 307– 0663. RIN: 1190–AA73 DOJ—CRT 120. Nondiscrimination on the Basis of Disability by State and Local Governments: Medical Diagnostic Equipment [1190–AA78] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 42 U.S.C. 12101 et seq. CFR Citation: 28 CFR 35. Legal Deadline: None. Abstract: The Americans with Disabilities Act (ADA) requires State and local governments and public accommodations to provide programs, activities, and services in a manner that is accessible to people with disabilities. The Department will seek public comment on proposed changes to its regulations to adopt the U.S. Architectural and Transportation Barriers Compliance Board’s (Access Board) Standards for Medical Diagnostic Equipment (MDE) to ensure that MDE is accessible to persons with disabilities in their participation in or benefit of services, programs, and activities provided by public entities and public accommodations. The Department previously announced that it intends to issue an ANPRM, titled Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (RIN 1190–AA76) addressing possible revisions to its ADA regulations to ensure the accessibility of equipment and furniture generally. However, given the specialized nature of this equipment, the Department has decided to publish a separate NPRM that addresses the accessibility of MDE. Statement of Need: MDE that is accessible to individuals with disabilities is often critical to a public entity’s or public accommodation’s ability to provide an individual with a disability with equal access to its health care programs, services, and activities. The Department’s ADA regulations E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda contain the ADA Standards for Accessible Design (the ADA Standards), which include accessibility standards for some types of fixed or built-in equipment and furniture. However, there are no specific provisions in the ADA Standards or the ADA regulations explicitly addressing the accessibility of MDE. While manufacturers have begun to offer MDE that is more accessible to and usable by people with disabilities and the Department has sought to ensure people with disabilities have equal access to medical care under the ADA’s general regulatory provisions through enforcement and the issuance of technical assistance, the Department recognizes that more specific standards are necessary to guarantee full and equal access to health care services, programs, and activities. This rule is necessary to ensure that inaccessible MDE does not prevent people with disabilities from accessing title II and title III entities’ programs, services, and activities. Summary of Legal Basis: The summary of the legal basis for this regulation is set forth in the above abstract. Alternatives: There are no appropriate alternatives to issuing this NPRM. The Access Board has issued standards on MDE, but these standards only become legally enforceable under the ADA when the Department adopts them through a rulemaking. Alternatively, the Department could create its own technical standards and implement them through a rulemaking. Anticipated Cost and Benefits: The Department anticipates costs to covered entities (i.e., State and local governments). Entities may need to acquire new MDE to meet technical standards that the Department includes in its regulations. The Department also anticipates significant benefits to people with disabilities, who may obtain greater access to public entities’ services, and activities, which may improve their health or potentially save their lives. Risks: Failure to adopt technical standards to ensure that people with disabilities have access to MDE in public entities’ programs, services, and activities will prevent people with disabilities from having the full and equal access to which they are entitled. The health of people with disabilities may suffer as a result of unequal access to medical care. Timetable: Action Date NPRM .................. NPRM Comment Period End. VerDate Sep<11>2014 FR Cite 04/00/23 06/00/23 18:12 Feb 21, 2023 Jkt 259001 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Governmental Jurisdictions. Government Levels Affected: Local, State. Federalism: Undetermined. Agency Contact: Rebecca Bond, Chief, Disability Rights Section, Department of Justice, Civil Rights Division, 4 Constitution Square, 150 M Street NE, Washington, DC 20002, Phone: 202 307– 0663. Related RIN: Split from 1190–AA76 RIN: 1190–AA78 DOJ—CRT 121. Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Governments [1190–AA79] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 12101 et seq. CFR Citation: 28 CFR 35. Legal Deadline: None. Abstract: The Americans with Disabilities Act (ADA) states that: no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity 42 U.S.C. 12132. However, many websites from public entities (i.e., State and local governments) fail to incorporate or activate features that enable users with disabilities to access the public entity’s services, programs, and activities. The Department intends to publish a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulation to provide technical standards to assist public entities in complying with their existing obligations to make their websites accessible to individuals with disabilities. Statement of Need: Just as steps exclude people who use wheelchairs from a building, inaccessible websites can exclude people with a range of disabilities from accessing critical State and local government services. The Department is proposing technical requirements to provide concrete standards to public entities on how to fulfill their obligations under title II to provide access to all of their services, programs, and activities that are provided via the web. The Department believes the requirements described in this rule are necessary to ensure the equality of opportunity, full PO 00000 Frm 00121 Fmt 4701 Sfmt 4702 11085 participation, independent living, and economic self-sufficiency for individuals with disabilities as set forth in the ADA. 42 U.S.C. 12101(a)(7). This is particularly necessary now that public entities increasingly rely on the web to provide their services, programs, and activities. Summary of Legal Basis: The summary of the legal basis for this regulation is set forth in the above abstract. Alternatives: The Department intends to consider various alternatives for ensuring full access to websites of State and local Governments and will solicit public comments addressing these alternatives. Anticipated Cost and Benefits: The Department anticipates that this rule will be ‘‘economically significant,’’ that is, that the rule will have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety, or State, local or tribal governments or communities. However, the Department believes that revising its title II rule to clarify the obligations of State and local governments to provide accessible websites will significantly increase equal access by providing citizens with disabilities the opportunity to participate in, and benefit from, State and local government services, programs, and activities. It will also ensure that individuals with disabilities have access to important services and information that are provided over the web, such as benefit applications and emergency information. In drafting this NPRM, the Department will attempt to minimize the compliance costs to State and local governments while maximizing the benefits of compliance to persons with disabilities. Risks: If the Department does not revise its ADA title II regulations to address website accessibility, persons with disabilities in many communities will continue to be unable to access their State and local governmental services in the same manner available to citizens without disabilities, and in some cases will not be able to access those services at all. And State and local governments will not have specific information about how to meet their ADA obligations with respect to website accessibility. Timetable: Action NPRM .................. NPRM Comment Period End. E:\FR\FM\22FEP2.SGM 22FEP2 Date 05/00/23 07/00/23 FR Cite 11086 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Governmental Jurisdictions. Government Levels Affected: Local, State. Agency Contact: Rebecca Bond, Chief, Disability Rights Section, Department of Justice, Civil Rights Division, 4 Constitution Square, 150 M Street NE, Washington, DC 20002, Phone: 202 307– 0663. RIN: 1190–AA79 DOJ—CRT lotter on DSK11XQN23PROD with PROPOSALS2 Long-Term Actions 122. Nondiscrimination on the Basis of Disability by State and Local Governments; Public Right-of-Way [1190–AA77] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. CFR Citation: 28 CFR 35. Abstract: The Department of Justice anticipates issuing a Notice of Proposed Rulemaking that would establish accessibility requirements to help public entities meet their existing Americans with Disabilities Act (ADA) obligations to ensure that sidewalks and other pedestrian facilities in the public right-of-way are accessible to and usable by individuals with disabilities. The Architectural and Transportation Barriers Compliance Board (Access Board) intends to issue accessibility guidelines for pedestrian facilities in the public right-of-way, and the Department of Justice is required under the ADA to promulgate regulations that include standards that are consistent with the Access Board’s minimum guidelines. Statement of Need: This rule is necessary to help public entities meet their existing ADA obligations to ensure that pedestrian facilities in the public right-of-way are accessible to and usable by individuals with disabilities. The Access Board intends to issue minimum accessibility guidelines for pedestrian facilities in the public right-of-way, and the ADA requires the Department of Justice to include standards in its regulations implementing subtitle A of title II of the ADA that are consistent with the minimum ADA guidelines issued by the Access Board. Accordingly, the Department of Justice intends to propose requirements for pedestrian facilities covered by subtitle A of title II of the ADA that are consistent with the Access Board’s minimum Accessibility Guidelines for Pedestrian Facilities in the Public Rightof-Way. These requirements would help VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 ensure that people with disabilities have access to sidewalks, curb ramps, pedestrian street crossings, and other pedestrian facilities in the public rightof-way. Summary of Legal Basis: The summary of the legal basis for this regulation is set forth in the above abstract. Alternatives: There are no appropriate alternatives to issuing this NPRM because the ADA requires the Department of Justice to include standards in its regulations implementing subtitle A of title II of the ADA that are consistent with the minimum ADA guidelines issued by the Access Board. The Access Board’s accessibility guidelines will only become binding when the Department of Justice adopts them as legally enforceable requirements through rulemaking. Anticipated Cost and Benefits: The Department anticipates costs to state and local governments given that this rule would require that pedestrian facilities in the public right-of-way comply with the Department’s accessibility requirements under subtitle A of title II of the ADA. Risks: Failure to adopt requirements for pedestrian facilities covered by subtitle A of title II of the ADA that are consistent with the Access Board’s minimum Accessibility Guidelines for Pedestrian Facilities in the Public Rightof-Way would mean that such Access Board guidelines would remain nonbinding and unenforceable. It would also mean that the Department would not be complying with its obligation to ensure that the standards in its regulations are consistent with the minimum ADA guidelines issued by the Access Board. Timetable: Action Date NPRM .................. FR Cite 12/00/23 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Governmental Jurisdictions. Government Levels Affected: Local, State. Federalism: Undetermined. Agency Contact: Rebecca Bond, Chief, Disability Rights Section, Department of Justice, Civil Rights Division, 4 Constitution Square, 150 M Street NE, Washington, DC 20002, Phone: 202 307– 0663. RIN: 1190–AA77 PO 00000 Frm 00122 Fmt 4701 Sfmt 4702 DOJ—DRUG ENFORCEMENT ADMINISTRATION (DEA) Proposed Rule Stage 123. Medications To Prevent Narcotic Opioid Withdrawal Symptoms [1117– AB73] Priority: Other Significant. Legal Authority: 21 U.S.C. 821, 827, 871(b) CFR Citation: 21 CFR 1306. Legal Deadline: Final, Statutory, June 9, 2021. Abstract: DEA proposes to revise the existing regulations found in 21 CFR 1306.07(b), regarding the administration of narcotic drugs to prevent or mitigate opioid withdrawal, as instructed by Congress in Public Law 116–215 (effective December 11, 2020). The existing regulation is inadequate for emergency treatment purposes, as practitioners are prohibited from administering narcotic drugs, for the purpose of relieving acute withdrawal symptoms, to a patient for not more than one day at a time for not more than three consecutive days. In accordance with the statute, DEA proposes to allow non-pharmacy individual practitioners to dispense (including prescribe) up to a three-day supply of opioid medications in schedules III, IV, or V at one time to prevent or mitigate opioid withdrawal. Statement of Need: The Drug Enforcement Administration (DEA) is revising existing regulations to expand access to medications for the treatment of opioid use disorder pursuant to the Easy Medication Access and Treatment for Opioid Addiction Act (the Act). The Act directed DEA to revise its regulation to allow practitioners to dispense not more than a three-day supply of narcotic drugs to one person or for one person’s use at one time for the purpose of relieving acute withdrawal symptoms associated with opioid use disorder. DEA is amending the relevant regulation by allowing all DEA-registered nonpharmacy individual practitioners, subject to certain conditions, to dispense up to a three-day supply of narcotic medications in schedules III, IV, or V approved by the Food and Drug Administration specifically for use in maintenance or treatment of opioid use disorder, for the purpose of relieving acute withdrawal symptoms while arrangements are being made for referral for treatment, along with adding a new record keeping requirement. Additionally, DEA is redesignating the relevant subsections within the affected regulation in order to achieve greater organization and clarity. E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Summary of Legal Basis: DEA implements and enforces the Comprehensive Drug Abuse Prevention and Control Act of 1970, often referred to as the Controlled Substances Act (CSA), and the Controlled Substances Import and Export Act (CSIEA), as amended.1 As mandated by the CSA, DEA establishes and maintains a closed system of control for the manufacturing, distribution, and dispensing of controlled substances, and requires any person who manufactures, distributes, dispenses, imports, exports, or conducts research or chemical analysis with controlled substances to register with DEA, unless they meet an exemption, pursuant to 21 U.S.C. 822. The CSA authorizes the Administrator of DEA (by delegation of authority from the Attorney General) to register an applicant to manufacture, distribute or dispense controlled substances if the Administrator determines such registration is consistent with the public interest. The CSA further authorizes the Administrator to promulgate regulations necessary and appropriate to execute the functions of subchapter I (Control and Enforcement) and subchapter II (Import and Export) of the CSA. Alternatives: There are no feasible alternatives to this proposed rule. Anticipated Cost and Benefits: Under the IFR, the patient will be able to receive three days of medication with just one visit to the emergency department (ED). The increased medication may lead to an improved patient outcome, resulting in benefits associated with lower societal cost of opioid abuse, discussed below. Furthermore, additional physician’s time will not be needed to dispense medication, resulting in time and cost savings to the ED. However, practitioners must check the individual’s PDMP, and maintain a record that the PDMP was reviewed, which will increase costs to the ED. Additionally, the expansion to include all DEA-registered nonpharmacy individual practitioners allows an individual to be treated not only by a physician, but also by other non-pharmacy practitioners. This greatly expands access to treatment and helps alleviate the burden on hospitals and urgent care centers that are shortstaffed or that do not always have a physician on duty. The intent of this 1 DEA publishes the implementing regulations for these statutes in 21 CFR parts 1300 to end. These regulations are designed to ensure a sufficient supply of controlled substances for medical, scientific, and other legitimate purposes, and to deter the diversion of controlled substances for illicit purposes. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 regulation is to provide non-DATA waived practitioners, and those not registered as an NTP, with a means to treat individuals experiencing acute withdrawal symptoms on an emergency basis while future, continued treatment is coordinated. Risks: DEA believes any risks associated with this IFR will be minimal and will be greatly outweighed by the benefits this IFR will provide. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. URL For More Information: DRW@ dea.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Scott A. Brinks, Section Chief, Regulatory Drafting and Support Section, Diversion Control Division, Department of Justice, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152, Phone: 571 362–8209, Email: scott.a.brinks@dea.gov. RIN: 1117–AB73 DOJ—DEA 124. Expansion of Induction of Buprenorphine Via Telemedicine Encounter [1117–AB78] Priority: Other Significant. Legal Authority: 21 U.S.C. 802(54)(G) CFR Citation: 21 CFR 1300; 21 CFR 1304; 21 CFR 1306. Legal Deadline: None. Abstract: DEA is promulgating regulatory changes which would clarify the rights and obligations for DATAwaived registrants when prescribing buprenorphine to patients with Opioid Use Disorder pursuant to a telemedicine encounter which utilizes audio-only telecommunication systems. Statement of Need: During the current opioid epidemic, there is a shortage of data-waived health care providers. This proposed rule will allow for expanded access to opioid addiction treatment. Summary of Legal Basis: The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (Ryan Haight Act) was enacted to prevent the illegal distribution and dispensing of controlled substances by means of the internet. It did so by amending the Controlled Substances Act (CSA) to require, among other things, that the dispensing of controlled substances by PO 00000 Frm 00123 Fmt 4701 Sfmt 4702 11087 means of the internet be predicated on a valid prescription involving at least one in-person medical evaluation, with limited exceptions. One of those exceptions is when the Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly, by regulation, determined a practice is being conducted under circumstances consistent with effective controls against diversion and otherwise consistent with the public health and safety. DEA is amending its regulations, in concert with HHS, to expand the circumstances under which individual practitioners are authorized to prescribe schedule III–V controlled substances which are approved for treating opioid use disorder, either as medication maintenance or treatment for withdrawal management, referred to as maintenance or detoxification treatment via a telemedicine encounter, including an audio-only telemedicine encounter. Alternatives: There are no feasible alternatives to this proposed rule. Anticipated Cost and Benefits: The estimated costs for opioid use disorder and fatal opioid overdose in 2017 were estimated to be $1.02 trillion. With regards to the opioid epidemic, the majority of the economic burden is due to reduced quality of life from opioid use disorder and the value of life lost due to fatal opioid overdose. Non-fatal costs include costs associated with health care, substance use disorder treatment, criminal justice, lost productivity, and the value of reduced quality of life. While DEA is unable to quantify how many of the affected patients will be successfully treated for opioid use disorder or how many fatal opioid overdoses will be avoided as a result of this proposed rule, the potential economic benefit is disproportionately large compared to any cost associated with this rule. Risks: The proposed rule will reduce the requirements imposed on practitioners who wish to prescribe schedule III–V controlled substances as part of medication treatment for opioid use disorders. DEA understands that there is a risk of misuse and diversion of drugs approved for the use in maintenance treatment or withdrawal management, which could be increased by expanded prescribing. While the proposed rule may increase the risk of diversion, with the proposed safeguards, and given the safety profile of buprenorphine, DEA estimates this increased risk will be minimal. Requirements to check the PDMP prior to issuance of a prescription, 30-day limitations, in-person requirements for follow-up appointments, and more E:\FR\FM\22FEP2.SGM 22FEP2 11088 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda detailed requirements for recordkeeping are expected to minimize the diversion of buprenorphine via telemedicine, including audio-only telemedicine. Timetable: Action Date NPRM .................. FR Cite 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. URL For More Information: DRW@ dea.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Scott A. Brinks, Section Chief, Regulatory Drafting and Support Section, Diversion Control Division, Department of Justice, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152, Phone: 571 362–8209, Email: scott.a.brinks@dea.gov. RIN: 1117–AB78 DOJ—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 125. Bars to Asylum Eligibility and Related Procedures [1125–AB12] Priority: Other Significant. Legal Authority: Homeland Security Act of 2002, Pub. L. 107–296, 116 Stat. 2135, sec. 1102, as amended; 8 U.S.C. 1103(a)(1), (a)(3), (g); 8 U.S.C. 1225(b); 8 U.S.C. 1231(b)(3) and 1231 note; 8 U.S.C. 1158; E.O. 14010, 86 FR 8267 (Feb. 2, 2021) CFR Citation: 8 CFR 208; 8 CFR 1208; 8 CFR 1003. Legal Deadline: None. Abstract: In 2020, the Department of Homeland Security and Department of Justice (collectively, ‘‘the Departments’’) published final rules amending their respective regulations governing bars to asylum eligibility and procedures, including the Procedures for Asylum and Bars to Asylum Eligibility (RINs 1125–AA87 and 1615–AC41), 85 FR 67202 (Oct. 21, 2020), and Asylum Eligibility and Procedural Modifications (RINs 1125–AA91 and 1615–AC44), 85 FR 82260 (Dec. 17, 2020), final rules. The Departments propose to modify or rescind the regulatory changes promulgated in these two final rules, consistent with Executive Order 14010 (Feb. 2, 2021). Statement of Need: The Departments are reviewing these regulations in light of the issuance of Executive Order VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 14010 and Executive Order 14012. This rule is needed to restore and strengthen the asylum system and to address inconsistencies with the goals and principles outlined in the Executive Order 14010 and Executive Order 14012. Summary of Legal Basis: The Attorney General has general authority under 8 U.S.C. 1103(g) to establish regulations related to the immigration and naturalization of noncitizens. More specifically, under 8 U.S.C. 1158(b)(2)(C) and (d)(5)(B), the Attorney General has authority to provide by regulation additional conditions and limitations consistent with the INA for asylum eligibility. Thus, this proposed rule utilizes such authority to propose revisions to the regulations related to processing procedures for asylum and withholding of removal claims. Alternatives: Unless the Departments rely on the pending litigation to enjoin Asylum and Bars to Asylum Eligibility, 85 FR 67202, and Asylum Eligibility and Procedural Modifications, 85 FR 82260, there are no feasible alternatives to revising those two rules. Relying on litigation to address these rules could be extremely time-consuming and may introduce confusion as to whether the regulations remain in effect. Thus, the Departments consider this alternative to be a burdensome and inadvisable course of action and, therefore, not feasible. Anticipated Cost and Benefits: The Departments are currently considering the specific cost and benefit impacts of the proposed provisions. Risks: Without this rulemaking, regulations related to Procedures for Asylum and Bars to Asylum Eligibility, 85 FR 67202, and Asylum Eligibility and Procedural Modifications, 85 FR 82260, will remain enjoined pending litigation. This is inadvisable, as litigation typically takes much time to conclude. Thus, the Department strongly prefers proactively addressing the regulations through this proposed rule. Timetable: Action Date NPRM .................. FR Cite 05/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. URL For More Information: https:// www.regulations.gov. URL For Public Comments: https:// www.regulations.gov. Agency Contact: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, Department of Justice, PO 00000 Frm 00124 Fmt 4701 Sfmt 4702 Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041, Phone: 703 305–0289, Email: pao.eoir@usdoj.gov. Related RIN: Related to 1615–AC69, Related to 1125–AB08 RIN: 1125–AB12 DOJ—EOIR 126. Particular Social Group and Related Definitions and Interpretations for Asylum and Withholding of Removal [1125–AB13] Priority: Other Significant. Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C. 1225; 8 U.S.C. 1231 and 1231 note; Executive Order 14010, 86 FR 8267 (Feb. 2, 2021) CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 244; 8 CFR 1208; 8 CFR 1244. Legal Deadline: None. Abstract: This rule proposes to amend Department of Homeland Security (DHS) and Department of Justice (DOJ) (collectively, ‘‘the Departments’’) regulations that govern eligibility for asylum and withholding of removal. The amendments focus on portions of the regulations that address the definitions of membership in a particular social group and the interpretation of several other elements of eligibility for asylum that are often determinative in particular social group claims, including the requirements of a failure of State protection, and determinations about whether persecution is on account of a protected ground. The rule will also propose to modify or rescind portions of the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review final rule (RINs 1125–AA94 and 1615–AC42). This rule is consistent with Executive Order 14010 of February 2, 2021, which directs the Departments to promulgate joint regulations, consistent with applicable law, addressing the circumstances in which a person should be considered a member of a particular social group. Statement of Need: This rule provides guidance on a number of key interpretive issues of the refugee definition used by adjudicators deciding asylum and withholding of removal (withholding) claims. The interpretive issues include whether persecution is inflicted on account of a protected ground, the requirements for establishing the failure of State protection, and the parameters for defining membership in a particular social group. This rule will aid in the adjudication of claims made by E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda applicants whose claims fall outside of the rubric of the protected grounds of race, religion, nationality, or political opinion. One example of such claims which often fall within the particular social group ground concerns people who have suffered or fear domestic violence. This rule is expected to consolidate issues raised in a proposed rule in 2000 and to address issues that have developed since the publication of the proposed rule. This rule should provide greater stability and clarity in this important area of the law. This rule will also provide guidance to the following adjudicators: USCIS asylum officers, DOJ Executive Office for Immigration Review (EOIR) immigration judges, and members of the EOIR Board of Immigration Appeals. Furthermore, on February 2, 2021, President Biden issued Executive Order 14010 that directs DOJ and DHS [to] promulgate joint regulations, consistent with applicable law, addressing the circumstances in which a person should be considered a member of a ‘‘particular social group,’’ as that term is used in 8 U.S.C. 1101(a)(42)(A), as derived from the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. Summary of Legal Basis: The purpose of this rule is to provide guidance on certain issues that have arisen in the context of asylum and withholding adjudications. The 1951 Geneva Convention relating to the Status of Refugees contains the internationally accepted definition of a refugee. United States immigration law incorporates an almost identical definition of a refugee as a person outside his or her country of origin ‘‘who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’’ Section 101(a)(42) of the Immigration and Nationality Act. Alternatives: Because this rulemaking is mandated by executive order, there are no feasible alternatives at this time. Anticipated Cost and Benefits: DOJ and DHS are currently considering the specific cost and benefit impacts of the proposed provisions. Risks: Without this rulemaking, the circumstances by which a person is considered a member of a particular social group will continue to be subject to judicial and agency interpretation, which may differ by circuit and changes in administration. Timetable: VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Action Date NPRM .................. FR Cite 03/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: https:// www.regulations.gov. URL For Public Comments: https:// www.regulations.gov. Agency Contact: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, Department of Justice, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041, Phone: 703 305–0289, Email: pao.eoir@usdoj.gov. Related RIN: Related to 1125–AA94, Related to 1615–AC65, Related to 1615– AC42 RIN: 1125–AB13 DOJ—EOIR 127. Procedures for Asylum and Withholding of Removal [1125–AB15] Priority: Other Significant. Legal Authority: 8 U.S.C. 1103(g); 8 U.S.C. 1229a(c)(4)(B); 8 U.S.C. 1158(d)(5)(B) CFR Citation: 8 CFR 1003; 8 CFR 1208; 8 CFR 1240. Legal Deadline: None. Abstract: On December 16, 2020, by the rule titled Procedures for Asylum and Withholding of Removal (RIN 1125–AA93) the Department of Justice (Department) amended the regulations governing asylum and withholding of removal, including changes to what must be included with an application for asylum and for withholding of removal for it to be considered complete and the consequences of filing an incomplete application, and changes related to the 180-day asylum adjudications clock. To revise the regulations related to adjudicatory procedures for asylum and withholding of removal, the Department is planning to rescind or modify the regulatory revisions made by that rule under this RIN. Statement of Need: This proposed rule will revise the regulations related to adjudicatory procedures for asylum and withholding of removal. On December 16, 2020, the Department amended the regulations governing asylum and withholding of removal, including changes to what must be included with an application for it to be considered complete and the consequences of filing an incomplete application, and changes PO 00000 Frm 00125 Fmt 4701 Sfmt 4702 11089 related to the 180-day asylum adjudications clock. Procedures for Asylum and Withholding of Removal, 85 FR 81698 (RIN 1125–AA93). In light of Executive Orders 14010 and 14012, 86 FR 8267 (Feb. 2, 2021) and 86 FR 8277 (Feb. 2, 2021), the Department reconsidered its position on those matters and now issues this proposed rule to revise the regulations accordingly. Summary of Legal Basis: The Attorney General has general authority under 8 U.S.C. 1103(g) to establish regulations related to the immigration and naturalization of noncitizens. More specifically, under 8 U.S.C. 1158(d)(5)(B), the Attorney General has authority to provide by regulation additional conditions and limitations consistent with the INA for the consideration of asylum applications. Thus, this proposed rule utilizes such authority to propose revisions to the regulations related to adjudicatory procedures for asylum and withholding of removal pursuant, in part, to 8 U.S.C. 1229a(c)(4)(B). Alternatives: Unless the Department relies on litigation to permanently enjoin the December 2020 rule, 85 FR 81698 (Dec. 16, 2020), there are no feasible alternatives to revising the regulations. Relying on litigation could be extremely time-consuming and may introduce confusion as to whether the regulation is in effect. Thus, the Department considers this alternative to be an inadequate and inadvisable course of action. Anticipated Cost and Benefits: The Department believes this proposed rule will not be economically significant. The Department believes the costs to the public will be negligible, if any, given that costs will revert to those established prior to the December 2020 rule. This proposed rule imposes no new additional costs to the Department or to respondents: respondents have always been required to submit complete asylum applications in order to have them adjudicated, and immigration judges have always maintained the authority to set deadlines. In addition, this proposed rule proposes no new fees. The Department believes that this proposed rule would impose only minimal, if any, direct costs on the public. Any new minimal cost would be limited to the cost of the public familiarizing itself with the proposed rule, although, as previously stated, the proposed rule restores most of the regulatory language to that which was in effect before the December 2020 rule. Further, an immigration judge’s ability to set filing deadlines is already established by E:\FR\FM\22FEP2.SGM 22FEP2 11090 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda regulation, and filing deadlines for both applications and supporting documents are already well-established aspects of immigration court proceedings guided by regulations and the Office of the Chief Immigration Judge Practice Manual. Thus, the Department expects little in the proposed rule to require extensive familiarization. Risks: Without this rulemaking, the regulations will remain enjoined pending litigation (as described in the Alternatives section). This is inadvisable, as litigation is unpredictable and often takes a long time to conclude. The Department strongly prefers proactively addressing the regulations through this proposed rule. Timetable: Action Date NPRM .................. FR Cite 03/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Additional Information: Related to EOIR Docket No. 19–0010 URL For More Information: https:// www.regulations.gov. URL For Public Comments: https:// www.regulations.gov. Agency Contact: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, Department of Justice, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041, Phone: 703 305–0289, Email: pao.eoir@usdoj.gov. Related RIN: Related to 1125–AA93 RIN: 1125–AB15 lotter on DSK11XQN23PROD with PROPOSALS2 DOJ—EOIR 128. Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure [1125–AB18] Priority: Other Significant. Legal Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101; 8 U.S.C. 1103; 8 U.S.C. 1154–1155; 8 U.S.C. 1158; 8 U.S.C. 1182; 8 U.S.C. 1226; 8 U.S.C. 1229; 8 U.S.C. 1229a; 8 U.S.C. 1229b; 8 U.S.C. 1229c; 8 U.S.C. 1231; 8 U.S.C. 1254a; 8 U.S.C. 1255; 8 U.S.C. 1324d; 8 U.S.C. 1330; 8 U.S.C. 1361–1362; 28 U.S.C. 509–510; 28 U.S.C. 1746; sec. 2 Reorg. Plan No. 2 of 1950, 3 CFR 1949– 1953, Comp. p. 1002; sec. 203 of Pub. L. 105–100, 111 Stat. 2196–200; secs. 1506 and 1510 of Pub. L. 106–386, 114 Stat. 1527–29, 1531–32; sec. 1505 of Pub. L. 106–554, 114 Stat. 2763A–326 to –328 VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 CFR Citation: 8 CFR 1003; 8 CFR 1239; 8 CFR 1240; . . . Legal Deadline: None. Abstract: On December 16, 2020, by a rule titled Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure (RIN 1125–AA96) the Department of Justice (Department) amended its regulations regarding finality of case disposition at both the immigration court and appellate levels. The Department is planning to modify or rescind those regulations under this RIN. Statement of Need: On December 16, 2020, the Department amended the regulations related to processing of appeals and administrative closure. Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, 85 FR 81588 (RIN 1125–AA96). In light of Executive Orders 14010 and 14012, 86 FR 8267 (Feb. 2, 2021) and 86 FR 8277 (Feb. 2, 2021), the Department reconsidered its position on those matters and now issues this proposed rule to revise the regulations accordingly and make other related amendments. This proposed rule clarifies immigration judge and BIA authority, including providing general administrative closure authority and the ability to sua sponte reopen and reconsider cases. The proposed rule also revises BIA standards involving adjudication timelines, briefing schedules, self-certification, remands, background checks, administrative notice, and voluntary departure. Lastly, the proposed rule removes the EOIR Director’s authority to issue decisions in certain cases, removes the ability of immigration judges to certify cases for quality assurance, and revises procedures for the forwarding of the record on appeal, as well as other minor revisions. Summary of Legal Basis: The Attorney General has general authority under 8 U.S.C. 1103(g) to establish regulations related to the immigration and naturalization of noncitizens. Thus, this proposed rule utilizes such authority to propose revisions to the regulations regarding immigration appeals processing and administrative closure. Alternatives: Unless the Department relies on litigation to permanently enjoin the December 2020 rule, 85 FR 81588 (Dec. 16, 2020), there are no feasible alternatives to revising the regulations. Relying on litigation could be extremely time-consuming and may introduce confusion as to the regulations’ efficacy. Thus, the Department considers this alternative to be an inadequate and inadvisable course of action. PO 00000 Frm 00126 Fmt 4701 Sfmt 4702 Anticipated Cost and Benefits: The Department is largely reinstating the briefing schedules that the December 2020 rule revised. As stated in the December 2020 rule, 85 FR at 81650, the basic briefing procedures have remained across rules; thus, the Department believes the costs to the public will be negligible, if any, given that costs will revert back to those established for decades prior to the December 2020 rule. The proposed rule imposes no new additional costs, as much of the proposed rule involves internal case processing. For those provisions that constitute more than simple internal case processing measures, such as the amendments to the BIA’s administrative closure authority, they likewise would not impose significant costs to the public. Indeed, such measures would generally reduce costs, as they facilitate and reintroduce various mechanisms for fair, efficient case processing. Risks: Without this rulemaking, the regulations will remain enjoined pending litigation (as described in the Alternatives section). This is inadvisable, as litigation typically takes an inordinate time to conclude. The Department strongly prefers proactively addressing the regulations through this proposed rule. Timetable: Action NPRM .................. Date FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Additional Information: Related to EOIR Docket No. 19–0022. URL For More Information: https:// www.regulations.gov. URL For Public Comments: https:// www.regulations.gov. Agency Contact: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, Department of Justice, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041, Phone: 703 305–0289, Email: pao.eoir@usdoj.gov. Related RIN: Related to 1125–AA96 RIN: 1125–AB18 E:\FR\FM\22FEP2.SGM 22FEP2 11091 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda DOJ—EOIR Final Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 129. Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal and CAT Protection Claims by Asylum Officers [1125–AB20] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 8 U.S.C. 1103(g); 8 U.S.C. 1158(b)(2)(C); 8 U.S.C. 1158(d)(5)(B); 8 U.S.C. 1225; 8 U.S.C. 1231(b)(3) CFR Citation: 8 CFR 208; 8 CFR 212; 8 CFR 235; 8 CFR 1003; 8 CFR 1208; 8 CFR 1230; 8 CFR 1235; 8 CFR 1240. Legal Deadline: None. Abstract: On August 20, 2021, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) (collectively the ‘‘Departments’’) published a notice of proposed rulemaking (NPRM or proposed rule) 86 FR 46906 that proposed amending regulations governing the procedures for determining certain protection claims and available parole procedures for certain individuals subject to expedited removal and found to have a credible fear of persecution or torture. After a careful review of the comments received, on March 29, 2022, the Departments issued an interim final rule (rule or IFR) that responds to comments received in response to the NPRM and adopts the proposed rule with changes. Significantly, the IFR established timelines for the consideration of applications for asylum and related protection by DHS’s U.S. Citizenship and Immigration Services (USCIS) and, as needed, DOJ’s Executive Office for Immigration Review (EOIR). The IFR also provided that DHS will refer noncitizens whose applications are denied by USCIS to EOIR for streamlined removal proceedings. The Departments solicited further public comment on the IFR, which the Departments intend to consider and address in a final rule. Statement of Need: There is wide agreement that the system for handling asylum and related protection claims at the southwest border has long been overwhelmed and in desperate need of repair. As the number of such claims has skyrocketed over the years, the system has proven unable to keep pace, resulting in large backlogs and lengthy adjudication delays. A system that takes years to reach a result delays justice and certainty for those who need protection, and it encourages abuse by smugglers who exploit the delay for profit. The aim of this rule is to begin replacing the current system, within the confines of VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 the law, with a more effective and efficient one that will adjudicate protection claims fairly and expeditiously. Summary of Legal Basis: The Attorney General has general authority under 8 U.S.C. 1103(g) to establish regulations related to the immigration and naturalization of noncitizens. More specifically, under 8 U.S.C. 1158(b)(2)(C) and (d)(5)(B), the Attorney General has authority to provide by regulation additional conditions and limitations consistent with the INA for the consideration of asylum applications. Thus, this proposed rule utilizes such authority to propose revisions to the regulations related to processing procedures for asylum and withholding of removal claims pursuant to 8 U.S.C. 1225 and 1231. Alternatives: There are no feasible alternatives that make similarly impactful changes to the system without a more widespread overhaul of the entire system. Anticipated Cost and Benefits: DHS estimated the resource cost needed to implement and operationalize the rule along a range of possible future credible fear volumes. The average annualized costs could range from $179.5 million to $995.8 million at a 7 percent discount rate. At a 7 percent discount factor, the total ten-year costs could range from $1.3 billion to $7.0 billion, with a midrange of $3.2 billion. There could also be cost-savings related to Forms I–589 and I–765 filing volume changes. In addition, some asylum applicants may realize potential early labor earnings, which could constitute a transfer from workers in the U.S. labor force to certain asylum applicants, as well as tax impacts. Qualitative benefits include, but may not be limited to: (i) beneficiaries of new parole standards may not have lengthy waits for a decision on whether their asylum claims will receive further consideration; (ii) some individuals could benefit from de novo review by an IJ of the asylum officer’s denial of their asylum; (iii) DOJ–EOIR may focus efforts on other priority work and reduce its substantial current backlog; (iv) as some applicants may be able to earn income earlier than they otherwise could currently, burdens to the support network of the applicant may be lessened. Risks: Without this rulemaking, the current system will remain status quo. The backlogs and delays will continue to grow, and the potential for abuse will remain. Most importantly, noncitizens in need of protection will continue to experience delays in the adjudication of their claims. PO 00000 Frm 00127 Fmt 4701 Sfmt 4702 Timetable: Action NPRM .................. Correction ............ NPRM Comment Period End. Interim Final Rule Interim Final Rule Effective. Interim Final Rule Comment Period End. Final Action ......... Date FR Cite 08/20/21 10/18/21 10/19/21 86 FR 46906 86 FR 57611 03/29/22 05/31/22 87 FR 18078 05/31/22 03/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. URL For More Information: https:// regulations.gov. URL For Public Comments: https:// regulations.gov. Agency Contact: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, Department of Justice, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041, Phone: 703 305–0289, Email: pao.eoir@usdoj.gov. Related RIN: Related to 1615–AC67 RIN: 1125–AB20 BILLING CODE 4410–BP–P U.S. DEPARTMENT OF LABOR Fall 2022 Statement of Regulatory Priorities Introduction The Department’s Fall 2022 Regulatory Agenda represents Secretary Walsh’s commitment to serve American workers and empower workers morning, noon, and night. These rules will advance the Department’s mission to foster, promote, and develop the welfare of wage earners, job seekers, and retirees; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. The Department’s rulemaking is focused on building opportunity and equity for all; ensuring safe jobs, essential protections, and fair workplaces for workers; and improving the administration of and strengthening the safety net for workers. Since the start of the Biden Administration, the Department of Labor has begun historic rulemaking on issues central to workers in the United States and their families, including worker safety, protections from discrimination, fair wages, and retirement security and health care. These include the following rulemakings: E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11092 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda • We have expeditiously withdrawn or rescinded rules as necessary to protect and strengthen workers’ economic security, including rescinding the Joint Employer Rule. • We issued a Final Rule implementing President Biden’s Executive Order 14026 that increased the minimum wage for workers on federal contracts to $15 an hour as of January 30, 2022, and will phase out the subminimum wage for tipped workers on federal contracts by January 1, 2024. This will improve the economic security of workers on federal contracts and their families, many of whom are women and people of color. • We issued a proposal to update the regulations implementing Davis-Bacon and Related Acts— the most comprehensive review of the regulation in 40 years—to ensure employers on federally funded or assisted construction projects pay locally prevailing wages to construction workers. The proposed rules would speed up prevailing wage updates, creating efficiencies in the current system and ensuring that prevailing wages keep up with actual wages. Over time, this would mean higher wages for workers, which is especially important given the administration’s investments under the Bipartisan Infrastructure Law. • We finalized Interim Final Rules with the U.S. Department of Health and Human Services, the U.S. Department of Treasury, and the Office of Personnel Management to implement the No Surprises Act and protect people from unexpected medical expenses. Surprise billing can cause economic devastation for patients. This rule puts patients first by providing safeguards to keep families from financial ruin when they need medical care. • We proposed a rule on determining employee or independent contractor status under the Fair Labor Standards Act. Protecting employees from being misclassified as independent contractors is critically important to ensure those workers receive the wages, benefits, and workplace protections they are entitled to under the law. The 2022 Regulatory Plan highlights the Labor Department’s most noteworthy and significant rulemaking efforts, with each addressing the top priorities of its regulatory agencies: Employee Benefits Security Administration (EBSA), Employment and Training Administration (ETA), Mine Safety and Health Administration (MSHA), Office of Federal Contract Compliance Programs (OFCCP), Occupational Safety and Health Administration (OSHA), Office of Workers’ Compensation Programs VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 (OWCP), and Wage and Hour Division (WHD). These regulatory priorities exemplify the Secretary’s vision to empower all workers morning, noon, and night. In the morning, this means investing in and valuing the nation’s care economy so workers can thrive in their jobs, knowing their family’s care needs are met. At noon, we are building a safe, modern, and inclusive workforce so workers have good jobs, opportunities for advancement, and a seat at the table. At night, we are supporting a lifetime of worker empowerment so workers have peace of mind and a safety net to protect against setbacks. Under Secretary Walsh’s leadership, the Department’s regulatory efforts are informed by our commitments to advance equity for all workers, create a strong culture of evidence-based decision making, and engage and seek input from stakeholders. Our Regulatory Agenda additionally reflects our ongoing commitment to the Biden Administration’s prioritization of economic security, raising wages, supporting worker organizing and empowerment, and addressing the threat of climate change, while embedding equity across the department’s agencies, policies, and programs. Investing in and Valuing the Nation’s Care Economy The Department’s regulatory priorities reflect the Secretary’s focus on care infrastructure. That means ensuring workers can care for their families without risking their jobs, stay home when they’re sick or when they need to care for a sick family member, and have access to the resources they need to manage their mental health. It also means supporting care economy workers to have safe and healthy jobs with fair pay. • EBSA’s joint rulemaking with the Departments of Health and Human Services and Treasury, implementing the Mental Health Parity and Addiction Equity Act (MHPAEA) will promote compliance and address amendments to the Act from the Consolidated Appropriations Act of 2021 to ensure parity of mental health and substance abuse disorder benefits so workers can access mental health care as easily as other types of care. In addition, OSHA will supplement its outreach and enforcement with rulemaking that protects employees in the care economy. Enhancing our care infrastructure starts with making sure our frontline care providers are safe on the job. PO 00000 Frm 00128 Fmt 4701 Sfmt 4702 • OSHA will issue a Final Rule later this year to protect healthcare workers and healthcare support service workers from occupational exposure to COVID– 19 in the workplace. • OSHA will propose an Infectious Diseases rulemaking to protect employees in healthcare and other highrisk environments from exposure to and transmission of persistent and new infectious diseases, ranging from ancient scourges such as tuberculosis to newer threats such as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID–19), and other diseases. • OSHA will initiate small business consultations as its first step in developing a Prevention of Workplace Violence rulemaking, to provide protections for healthcare and other care economy workers, who are the most frequent victims of violence on the job. Building a Safe, Modern, Inclusive Workforce The Department’s regulatory priorities reflect the Secretary’s focus on building a safe, modern, inclusive workforce means people can have a job that is safe and healthy, a job that pays a fair wage, a job that does not discriminate and that has opportunities for advancement. And that means a job where workers have a seat at the table and have a say in their work. The Department’s health and safety regulatory proposals are aimed at eliminating preventable workplace injuries, illnesses, and fatalities. Workplace safety also protects workers’ economic security, ensuring that illness and injury do not force families into poverty. Our efforts will prevent workers from having to choose between their lives and their livelihood. • OSHA will launch small business consultations as its next step in advancing rulemaking on heat illness prevention to protect workers from heat hazards in the workplace. Increased temperatures are posing a serious threat to workers laboring outdoors and in non-climate controlled indoor settings. Exposure to excessive heat is not only a hazard in itself, causing heat illness and even death; it is also an indirect hazard linked to the loss of cognitive skills which can also lead to workplace injuries and worker deaths. Protecting workers will help to save lives while we confront the growing threat of climate change. • MSHA will propose a new silica standard to effectively assess health concerns and prevent irreversible diseases with a goal of ensuring that all miners are safe at their workplaces. E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda • MSHA will promulgate a rule establishing that mine operators must develop and implement a written safety program for mobile and power haulage equipment used at surface mines and surface areas of underground mines, in order to reduce accidents and provide safer workplaces for miners. The Department’s regulatory agenda prioritizes workers’ economic security; ensures they receive a fair day’s pay for a fair day’s work, and do not face discrimination in hiring, employment, or benefits on the basis of race, gender, religion, disability, national origin, veteran’s status, sexual orientation, or gender identity. OFCCP and WHD will focus on regulatory changes that will have significant impact on workers of color, immigrant workers, and workers with disabilities. • OFCCP will finalize the proposal to rescind certain provisions related to the religious exemption for federal contractors and subcontractors. The rescission will return OFCCP to its longstanding approach of ensuring that the religious exemption contained in Executive Order 11246 is applied consistently with nondiscrimination principles of Title VII of the Civil Rights Act of 1964, as amended. The rescission will reaffirm nondiscrimination protections for employees of federal contractors. • OFCCP will finalize the proposal to modify the agency’s procedures for using resources strategically to remove barriers to equal employment opportunity. The rule will strengthen OFCCP’s ability to resolve potential employment discrimination at federal contractor workplaces, which is creating hurdles to effective enforcement. • WHD will finalize the proposal to update and modernize the regulations implementing the Davis Bacon and Related Acts to provide greater clarity and ensure workers are truly paid local prevailing wages on federal construction contracts. • WHD will propose updates to the executive, administrative, and professional exemption in the overtime regulations for the Fair Labor Standards Act. Updating the salary threshold will ensure that middle class jobs pay middle class wages, extending important overtime pay protections to millions of workers and raising their pay. • WHD will finalize regulations that offer certain employees employed under the federal service contracts a right of first refusal of employment when contracts change over, thereby promoting the retention of skilled workers in the federal services workforce. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 • ETA is proposing regulations that will ensure that H–2 visa programs promote worker voice and worker protections. The Department is committed to ensuring workers have opportunities for employment and training and advancement in their jobs. • ETA will ensure job-seekers can more easily get the support they need by issuing final rules updating the WagnerPeyser Employment Service regulations. • ETA is focused on ensuring highquality apprenticeship programs, and as part of this, has finalized the proposed rescission of the Industry Recognized Apprenticeship Programs (IRAP) rule in order to renew focus on Registered Apprenticeship. The Department is committed to ensuring workers have a voice on the job and furthering this Administration’s support for unions and workers who are organizing unions, which are critical to achieving economic fairness and racial and gender justice. • OLMS will consider finalizing regulations that require employers to check a box disclosing whether they are federal contractors or subcontractors on their ‘‘LM–10’’ forms, which are filed if they hire a consultant to persuade their workers about labor relations activities or to ‘‘surveil’’ employees or unions involved in a labor dispute. Supporting a Lifetime of Worker Empowerment The Department’s regulatory priorities reflect the Secretary’s focus on making sure people do not have to worry that the loss of a job or need for medical care will destroy their financial well-being. People should be able to save for retirement, access health care, and have the support they need to get through a personal or family crisis or when they become injured or ill on the job. • EBSA will support the administration’s agenda to protect worker’s pensions from the threats of climate-related financial risk by implementing two executive orders that focus on the impacts of climate change and climate-related financial risk. To carry out Executive Order 13990 ‘‘Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,’’ and Executive Order 14030, ‘‘ClimateRelated Financial Risks,’’ EBSA finalized its proposal to address provisions of the current regulation that inappropriately discourage consideration of environmental, social, and governance issues by fiduciaries in making investment and proxy voting decisions, and provide further clarity to help fiduciaries safeguard the interests PO 00000 Frm 00129 Fmt 4701 Sfmt 4702 11093 of participants and beneficiaries in the plan benefits. • EBSA is proposing to update the definition of the term for a retirement plan ‘‘fiduciary’’ to ensure retirement savers get sound investment advice free from conflicts of interest. • EBSA, along with the Departments of Health and Human Services and Treasury, is proposing regulations to implement the advanced explanation of benefits requirements of the No Surprises Act to ensure patients have transparency in their health care treatment options and expected costs before a scheduled service. DOL—OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP) Final Rule Stage 130. Final Action on Proposal To Rescind Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption [1250–AA09] Priority: Other Significant. Legal Authority: E.O. 11246 CFR Citation: 41 CFR 60–1. Legal Deadline: None. Abstract: The Office of Federal Contract Compliance Programs is taking a final action on its proposal to rescind the December 8, 2020, final rule, ‘‘Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption’’ (85 FR 79324). The rescission would ensure that the religious exemption contained in section 204(c) of Executive Order 11246 is consistent with nondiscrimination principles of Title VII of the Civil Rights Act of 1964, as amended. The notice of proposed rescission was published on November 9, 2021. Statement of Need: The Office of Federal Contract Compliance Programs is issuing a final rule regarding its proposal to rescind the regulations established in the final rule titled ‘‘Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption’’. The NPRM proposed to return to the agency’s traditional approach, which applies Title VII principles and applicable case law and thus would promote clarity and consistency in the application of the religious exemption. Summary of Legal Basis: Executive Order 11246 (as amended). Alternatives: OFCCP considered the alternative of engaging in affirmative rulemaking to replace the 2020 rule rather than rescinding it. E:\FR\FM\22FEP2.SGM 22FEP2 11094 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Anticipated Cost and Benefits: The Department prepared estimates of the anticipated costs and discussed benefits associated with the proposed rule. Risks: To be determined. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Rule ............ Final Rule Effective. Notification of Proposed Rescission. Notification of Proposed Rescission Comment Period End. Final Rule ............ FR Cite 08/15/19 09/16/19 84 FR 41677 12/09/20 01/08/21 85 FR 79324 11/09/21 86 FR 62115 12/09/21 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: Undetermined. URL For Public Comments: https:// www.regulations.gov/document/OFCCP2021-0001-0001. Agency Contact: Tina Williams, Director, Division of Policy and Program Development, Department of Labor, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room C–3325, Washington, DC 20210, Phone: 202 693–0104, Email: williams.tina.t@dol.gov. RIN: 1250–AA09 and standards the agency follows when issuing pre-enforcement notices and securing compliance through conciliation. This final rule would support OFCCP in fulfilling its mission to ensure equal employment opportunity. Summary of Legal Basis: Executive Order 11246 (as amended), section 503 of the Rehabilitation Act (as amended), and the Vietnam Era Veterans’ Readjustment Assistance Act (as amended). Alternatives: OFCCP considered the alternative of maintaining the current regulations established in the 2020 rule. Anticipated Cost and Benefits: The Department prepared estimates of the anticipated costs and discussed benefits associated with the proposed rule. Risks: To be determined. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Rule ............ 03/22/22 04/21/22 FR Cite 87 FR 16138 03/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Tina Williams, Director, Division of Policy and Program Development, Department of Labor, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room C–3325, Washington, DC 20210, Phone: 202 693–0104, Email: williams.tina.t@dol.gov. RIN: 1250–AA14 DOL—OFCCP lotter on DSK11XQN23PROD with PROPOSALS2 131. Pre-Enforcement Notice and Conciliation Procedures [1250–AA14] Priority: Other Significant. Legal Authority: E.O. 11246; 29 U.S.C. 793; 38 U.S.C. 4216 CFR Citation: 41 CFR 60–1, 60–2, 60– 4, 60–20, 60–30; 41 CFR 60–40, 60–50, 60–300, 60–741. Legal Deadline: None. Abstract: This final rule would modify certain provisions set forth in the November 10, 2020 final rule, ‘‘Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination’’ (85 FR 71553) and make other related changes to the pre-enforcement notice and conciliation process. The final rule would promote effective enforcement through OFCCP’s regulatory procedures. Statement of Need: The Office of Federal Contract Compliance Programs intends to issue a final rule to modify regulations that delineate procedures VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 DOL—OFFICE OF LABORMANAGEMENT STANDARDS (OLMS) Final Rule Stage 132. Form LM–10 Employer Report [1245–AA13] Priority: Other Significant. Legal Authority: 29 U.S.C. 433, 438 CFR Citation: 29 CFR 405. Legal Deadline: None. Abstract: The Department intends to review the layout of the Form LM–10 and will consider proposing a requirement for employers to disclose on the Form LM–10 whether the filer is a federal contractor and other related information. Statement of Need: The Department proposes this change in response to the increased prevalence of, and public interest in, persuader activities in recent years. Disclosing contractor status is consistent with Congress’s intent in enacting the LMRDA: [I]t continues to PO 00000 Frm 00130 Fmt 4701 Sfmt 4702 be the responsibility of the Federal Government to protect employees’ rights to organize, choose their own representatives, bargain collectively, and otherwise engage in concerted activities for their mutual aid or protection. 29 U.S.C. 401(a). Further, such disclosure is also consistent with the LMRDA’s employer reporting requirements, which require a full explanation of the circumstances of all such payments, including the terms of any agreement or understanding pursuant to which they were made. 29 U.S.C. 433(a). The revision here proposes that one of the circumstances that must be explained is whether the payments concerned employees of Federal contractors or subcontractors and, if so, the filer would provide its Unique Entity Identity (UEI) and the relevant Federal contracting agency(ies) if applicable. Summary of Legal Basis: The legal authority for this notice of proposed rulemaking is set forth in sections 203 and 208 of the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), 29 U.S.C. 433, 438. Alternatives: There are three significant possible alternatives to the one checkbox and two lines that the Department is considering in drafting this proposed Form LM–10 modification: (1) no modification of Item 12, (2) only utilizing the checkbox modification, and (3) only requiring the employer to identify the UEI and contracting agencies. See the proposed revision for complete explanations of why the department chose not to pursue these alternatives. Anticipated Cost and Benefits: This proposed amendment to the Form LM– 10 has an approximated 10-year cost of between $55,642.00 and $166,926.00 spread across 647 separate yearly Form LM–10 filers. By updating the form and instructions to propose this change and to clearly and accurately describe the information employers must disclose, the proposed revision will support harmonious labor relations and will facilitate filers’ understanding and compliance, thereby reducing incidents of noncompliance and associated costs incurred when noncompliant. Risks: The Department of Labor has found no significant risk associated with the addition to Form LM–10 codified in this proposed revision. Timetable: Action NPRM .................. NPRM Comment Period End. Final Rule ............ E:\FR\FM\22FEP2.SGM 22FEP2 Date 09/13/22 10/13/22 02/00/23 FR Cite 87 FR 55952 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. Agency Contact: Andrew R. Davis, Director of the Office of Program Operations, Department of Labor, Office of Labor-Management Standards, 200 Constitution Avenue NW, FP Building, Room N–5609, Washington, DC 20210, Phone: 202 693–0123, Fax: 202 693– 1340, Email: olms-public@dol.gov. RIN: 1245–AA13 DOL—WAGE AND HOUR DIVISION (WHD) lotter on DSK11XQN23PROD with PROPOSALS2 Proposed Rule Stage 133. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees [1235– AA39] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 29 U.S.C. 201 et seq.; 29 U.S.C. 213 CFR Citation: 29 CFR 541. Legal Deadline: None. Abstract: WHD is reviewing the regulations at 29 CFR 541, which implement the exemption of bona fide executive, administrative, and professional employees from the Fair Labor Standards Act’s minimum wage and overtime requirements. Statement of Need: One of the primary goals of this rulemaking would be to update the salary level requirement of the section 13(a)(1) exemption. A salary level test has been part of the regulations since 1938 and it has been long recognized that the best single test of the employer’s good faith in attributing to the employee’s services is the amount they pay for those services. In prior rulemakings, the Department explained its commitment to update the standard salary level and Highly Compensated Employees (HCE) total compensation levels more frequently. Regular updates promote greater stability, avoid disruptive salary level increases that can result from lengthy gaps between updates and provide appropriate wage protection. Summary of Legal Basis: Section 13(a)(1) of the FLSA, codified at 29 U.S.C. 213(a)(1), exempts any employee employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of the [Administrative Procedure Act.]) The FLSA does not VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 define the terms executive, administrative, professional, or outside salesman. However, pursuant to Congress’ grant of rulemaking authority, the Department issued regulations at 29 CFR part 541, defining the scope of the section 13(a)(1) exemptions. Congress explicitly delegated to the Secretary of Labor the power to define and delimit the specific terms of the exemptions through notice-and-comment rulemaking. Alternatives: Alternatives will be developed in considering proposed revisions to the current regulations. The public will be invited to provide comments on the proposed revisions and possible alternatives. Anticipated Cost and Benefits: The Department will prepare estimates of the anticipated costs and benefits associated with the proposed rule. Risks: This action does not affect public health, safety, or the environment. Timetable: Action Date NPRM .................. FR Cite 05/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations. Government Levels Affected: Federal, Local, State, Tribal. Federalism: Undetermined. Agency Contact: Amy DeBisschop, Director of the Division of Regulations, Legislation, and Interpretation, Department of Labor, Wage and Hour Division, 200 Constitution Avenue NW, FP Building, Room S–3502, Washington, DC 20210, Phone: 202 693– 0406. RIN: 1235–AA39 DOL—WHD 134. Nondisplacement of Qualified Workers Under Service Contracts [1235–AA42] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: E.O. 14055 CFR Citation: 29 CFR 9. Legal Deadline: None. Abstract: On November 18, 2021, President Biden signed Executive Order 14055 requiring the Secretary of Labor to issue final regulations on the nondisplacement of qualified workers under service contracts. This Executive Order will promote retention of experienced and skilled employees working on federal service contracts. PO 00000 Frm 00131 Fmt 4701 Sfmt 4702 11095 Service work supporting federal government functions occurs all over the country, from federal building maintenance to services provided on military bases to skilled technicians operating and maintaining federal equipment. Under this Executive Order, when a federal service contract transitions from one contractor to another, the new contractor will be required to offer jobs to qualified employees who worked for the previous contractor and performed their jobs well. This prevents disruptions in federal services, makes it easier for employers to find workers who are already trained for the job, and saves taxpayer dollars. Statement of Need: Executive Order 14055 requires the Secretary of Labor to issue regulations on the nondisplacement of qualified workers under service contracts. Summary of Legal Basis: President Biden issued Executive Order 14055 pursuant to his authority under ‘‘the Constitution and the laws of the United States,’’ expressly including the Procurement Act. 86 FR 66397. The Procurement Act authorizes the President to ‘‘prescribe policies and directives that the President considers necessary to carry out’’ the statutory purposes of ensuring ‘‘economical and efficient’’ government procurement and administration of government property. 40 U.S.C. 101.121(a). Executive Order 14055 directs the Secretary to issue regulations to ‘‘implement the requirements of this order.’’ 86 FR 66399. Alternatives: The Department has discussed a few specific provisions in which limited alternatives are possible. First, in cases where a prime contract is above the simplified acquisition threshold, but their subcontract falls below this threshold, the Department could potentially have discretion to exclude these subcontracts from the requirements of this proposed rule. However, the Department believes that based on the way the Executive Order is worded, the intent was not to exclude these subcontracts. Second, the Department has some discretion in defining the specific analysis that must be completed by contracting agencies regarding location continuity. The Department is considering whether to require contracting officers to analyze additional factors when determining whether to decline to require location continuity. Any requirement of a more in-depth analysis could potentially increase costs for contracting agencies. Anticipated Cost and Benefits: The proposed rule could result in costs for small business firms in the form of rule E:\FR\FM\22FEP2.SGM 22FEP2 11096 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda familiarization costs, implementation costs, and recordkeeping costs. Using a carryover workforce reduces disruption in the delivery of services during the period of transition between contractors, maintains physical and information security, and provides the Federal Government with the benefits of an experienced and well-trained workforce that is familiar with the Federal Government’s personnel, facilities, and requirements. Risks: This action does not affect the public health, safety, or the environment. Timetable: Action Date NPRM .................. NPRM Comment Period End. NPRM Analyze Comments. 07/15/22 08/15/22 FR Cite 87 FR 42552 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal. Agency Contact: Amy DeBisschop, Director of the Division of Regulations, Legislation, and Interpretation, Department of Labor, Wage and Hour Division, 200 Constitution Avenue NW, FP Building, Room S–3502, Washington, DC 20210, Phone: 202 693– 0406. RIN: 1235–AA42 DOL—WHD lotter on DSK11XQN23PROD with PROPOSALS2 Final Rule Stage 135. Updating the Davis-Bacon and Related Acts Regulations [1235–AA40] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 40 U.S.C. 3141 et seq.; 40 U.S.C. 3145 CFR Citation: 29 CFR 1; 29 CFR 3; 29 CFR 5; 29 CFR 6; 29 CFR 7. Legal Deadline: None. Abstract: The Davis-Bacon Act (DBA) was enacted in 1931 and amended in 1935 and 1964. The DBA requires the payment of locally prevailing wages and fringe benefits to laborers and mechanics as determined by the Department of Labor. The DBA applies to direct Federal contracts and District of Columbia contracts in excess of $2,000 for the construction, alteration, or repair of public buildings or public works. Congress has included DBA prevailing wage requirements in numerous statutes (referred to as Related Acts) under which Federal agencies assist construction projects through grants, loans, guarantees, insurance, and other methods. Covered VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wage rates and fringe benefits as required by the applicable wage determination. The Department proposes to update and modernize the regulations implementing the DavisBacon and Related Acts to provide greater clarity and enhance their usefulness in the modern economy. Statement of Need: The Department proposed to update and modernize the regulations implementing the DavisBacon and Related Acts to provide greater clarity and enhance their usefulness in the modern economy. Summary of Legal Basis: These regulations are authorized by Title 40, sections 3141–3148. Minimum wages are defined as those determined by the Secretary to be (a) prevailing; (b) in the locality of the project; (c) for similar craft and skills; (d) on comparable construction work. See section 3142. Alternatives: Alternatives were developed in considering proposed revisions to the current regulations. As part of the NPRM, one alternative the Department considered was requiring all contracting agencies—not just Federal agencies—that use wage determinations under the DBRA to submit an annual report to the Department outlining proposed construction programs for the coming year. But in the proposed rule, the Department noted that this requirement would be unnecessarily onerous for non-Federal contracting agencies, particularly as major construction projects such as those related to road and water quality infrastructure projects may be dependent upon approved funding or financial assistance from a Federal partner. The Department’s proposal to require only Federal agencies to submit these annual reports would be simpler and less burdensome for the regulated community as some Federal agencies have already been submitting these reports pursuant to AAM (Dec. 27, 1985) and AAM 224 (Jan. 17, 2017). Another alternative that was considered was the use of a different index instead on the Employment Cost index (ECI) for updating out-of-date non-collectively bargained wage rates. The Department considered proposing to use the Consumer Price Index (CPI) but considers the data source to be a less appropriate index to use because the CPI measures movement of consumer prices as experienced by day-to-day living expenses, unlike the ECI, which measures changes in the costs of labor in particular. The CPI does not track changes in wages or benefits, nor does PO 00000 Frm 00132 Fmt 4701 Sfmt 4702 it reflect the costs of construction workers nationwide. The Department welcomed comments on these and other alternatives to the proposed rule. Anticipated Cost and Benefits: The Department prepared estimates of the anticipated costs and benefits associated with the proposed rule. The Department considered employer costs associated with both (a) the return to the ‘‘threestep’’ method for determining the prevailing wage (i.e., the change from a 50 percent threshold to a 30 percent threshold) and (b) the incorporation of a mechanism to periodically update certain non-collectively bargained prevailing wage rates. Costs presented are combined for both provisions. However, the Department believes most of the costs will be associated with the second provision. The Department estimated both regulatory familiarization costs and implementation costs. Year 1 costs are estimated to total $12.6 million. Average annualized costs across the first 10 years of implementation are estimated to be $3.9 million (using a 7 percent discount rate). Risks: This action does not affect public health, safety, or the environment. Timetable: Action NPRM .................. NPRM Comment Period End. Final Rule ............ Date 03/18/22 05/17/22 FR Cite 87 FR 15698 02/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, Local, State, Tribal. Agency Contact: Amy DeBisschop, Director of the Division of Regulations, Legislation, and Interpretation, Department of Labor, Wage and Hour Division, 200 Constitution Avenue NW, FP Building, Room S–3502, Washington, DC 20210, Phone: 202 693– 0406. RIN: 1235–AA40 DOL—EMPLOYMENT AND TRAINING ADMINISTRATION (ETA) Final Rule Stage 136. Wagner-Peyser Act Staffing [1205– AC02] Priority: Other Significant. Legal Authority: Wagner-Peyser Act CFR Citation: 20 CFR 651; 20 CFR 652; 20 CFR 653; 20 CFR 658. Legal Deadline: None. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Abstract: The Department proposed to revise the Wagner-Peyser Act regulations regarding Employment Services (ES) staffing to require that states use state merit staff to provide ES services, including Migrant and Seasonal Farmworker (MSFW) services, and to improve service delivery. Statement of Need: The Department identified areas of the regulation that changed to create a uniform standard of ES services provision for States. Summary of Legal Basis: The Department is undertaking this rulemaking pursuant to its authority under section 12 of the Wagner-Peyser Act (29 U.S.C. 49k). Alternatives: Two alternatives will be considered, and the public had the opportunity to comment on these alternatives during the comment period of the NPRM. Anticipated Cost and Benefits: The proposed rule was estimated to have one-time rule familiarization costs of $4,205 in 2020 dollars, as well as unknown transition costs. The proposed rule also estimated the rule to have annual transfer payments of $9.6 million for three of the five States that currently have non-State merit staff providing some labor exchange services; transfer payments are monetary payments from one group to another, such as wages shifting from one employer to another, that do not affect total resources available to society. The transfer payments for this proposed rule were the estimated wage cost increases to the States associated with employee wages and fringe benefits. In the NPRM, the Department I solicited comments from stakeholders and the public on the unknown transition costs, plus transfer payments that would be incurred by any States with some non-State merit staff providing labor exchange services. Risks: This action does not affect the public health, safety, or the environment. Timetable: Action Date lotter on DSK11XQN23PROD with PROPOSALS2 NPRM .................. NPRM Comment Period End. Final Rule ............ 04/20/22 06/21/22 FR Cite 87 FR 23700 06/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: State. Agency Contact: Kimberly Vitelli, Administrator, Office of Workforce Investment, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW, FP Building, Room C– 4526, Washington, DC 20210, Phone: VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 202 693–3980, Email: vitelli.kimberly@ dol.gov. RIN: 1205–AC02 DOL—EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA) Proposed Rule Stage 137. Definition of the Term ‘‘Fiduciary’’ [1210–AC02] Priority: Economically Significant. Major under 5 U.S.C. 801. Unfunded Mandates: Undetermined. Legal Authority: 29 U.S.C. 1002; 29 U.S.C. 1135; Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 252 (2020) CFR Citation: 29 CFR 2510.3–21. Legal Deadline: None. Abstract: This rulemaking would amend the regulatory definition of the term fiduciary set forth at 29 CFR 2510.3–21(c) to more appropriately define when persons who render investment advice for a fee to employee benefit plans and IRAs are fiduciaries within the meaning of section 3(21) of ERISA and section 4975(e)(3) of the Internal Revenue Code. The amendment would take into account practices of investment advisers, and the expectations of plan officials and participants, and IRA owners who receive investment advice, as well as developments in the investment marketplace, including in the ways advisers are compensated that can subject advisers to harmful conflicts of interest. In conjunction with this rulemaking, EBSA also will evaluate available prohibited transaction class exemptions and propose amendments or new exemptions to ensure consistent protection of employee benefit plan and IRA investors. Statement of Need: Many protections, duties, and liabilities in ERISA hinge on fiduciary status; therefore, the determination of who is a fiduciary is of central importance. The Department’s existing regulatory definition of an investment advice fiduciary, adopted in 1975, established a five-part test for status as a fiduciary. The 1975 regulation’s five-part test is not founded in the statutory text of ERISA, does not take into account the current nature and structure of many individual account retirement plans and IRAs, is inconsistent with the reasonable expectations of plan officials and participants, and IRA owners who receive investment advice, and allows many investment advice providers to avoid status as a fiduciary under federal pension laws. Under ERISA, fiduciaries must avoid conflicts of interest or comply with a prohibited transaction PO 00000 Frm 00133 Fmt 4701 Sfmt 4702 11097 exemption with conditions designed to protect retirement investors. A wide and compelling body of evidence shows that conflicts of interest and forms of compensation that can subject advisers to harmful conflicts of interest, if left unchecked, too often result in biased investment advice and resulting harm to retirement investors. In conjunction with this rulemaking, EBSA also will evaluate available prohibited transaction class exemptions and consider proposing amendments or new exemptions to ensure consistent protection of employee benefit plan and IRA investors. Summary of Legal Basis: The Department is proposing the amendment to its regulation defining a fiduciary pursuant to authority in ERISA section 505 (29 U.S.C. 1135) and section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 252 (2020). Alternatives: The Department considered as an alternative leaving the 1975 regulation in place without change. Anticipated Cost and Benefits: The proposed amendment to the 1975 regulation would extend the protections associated with fiduciary status to more advice arrangements. The proposed regulation and associated prohibited transaction exemptions are expected to require providers of investment advice to adhere to a best interest standard, charge no more than reasonable compensation, eliminate or mitigate conflicts of interest, and make important disclosures to their customers, among other things. These protections would deliver substantial gains for retirement investors and economic benefits that more than justify the costs. The costs of the regulation are largely expected to stem from compliance with the associated prohibited transaction exemptions. Estimates of the cost of compliance are still under development and will be reflected in the notice of proposed rulemaking. Risks: The Department believes that the 1975 regulation must be revised to align with retirement investors’ reasonable expectations regarding their relationships with investment advice providers and to reflect developments in the investment advice marketplace since the 1975 regulation was adopted. Failure to appropriately define an investment advice fiduciary under ERISA is likely to expose retirement investors to conflicts of interest that will erode retirement savings. The risks are especially great with respect to recommendations to roll assets out of ERISA-covered plans to IRAs because of the central importance of retirement plan savings to workers, the relative size E:\FR\FM\22FEP2.SGM 22FEP2 11098 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda of rollover transactions, and the technical requirements of the current fiduciary regulation, which have encouraged advisers to argue that their advice falls outside the regulation’s purview regardless of its importance. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Action Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. Federalism: Undetermined. Agency Contact: Karen E. Lloyd, Office of Regulations and Interpretations, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW, FP Building, Room N– 5655, Washington, DC 20210, Phone: 202 693–8510. RIN: 1210–AC02 lotter on DSK11XQN23PROD with PROPOSALS2 138. Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021 [1210–AC11] Priority: Other Significant. Legal Authority: Pub. L. 116–260, Division BB, Title II; Pub. L. 110–343, secs. 511–512 CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: This rule would propose amendments to the final rules implementing the Mental Health Parity and Addiction Equity Act (MHPAEA). The amendments would clarify plans’ and issuers’ obligations under the law, promote compliance with MHPAEA, and update requirements to take into account experience with MHPAEA in the years since the rules were finalized as well as amendments to the law recently enacted as part of the Consolidated Appropriations Act, 2021. Statement of Need: There have been a number of legislative enactments related to MHPAEA since issuance of the 2014 final rules, including the 21st Century Cures Act, the Support Act, and the Consolidated Appropriations Act, 2021. This rule would propose amendments to the final rules and incorporate examples and modifications to account for this legislation and previously issued guidance and to take into account experience with MHPAEA in the years since the rules were finalized. Summary of Legal Basis: The Department of Labor regulations would 18:12 Feb 21, 2023 Jkt 259001 Date NPRM .................. DOL—EBSA VerDate Sep<11>2014 be adopted pursuant to the authority contained in 29 U.S.C. 1002, 1135, 1182, 1185d, 1191a, 1191b, and 1191c; Secretary of Labor’s Order 1–2011, 77 FR 1088 (Jan. 9, 2012). Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: FR Cite 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, State. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Amber Rivers, Director, Office of Health Plan Standards and Compliance Assistance, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW, Washington, DC 20210, Phone: 202 693–8335, Email: rivers.amber@dol.gov. RIN: 1210–AC11 pneumoconiosis. These lung diseases are irreversible and may ultimately be fatal. MSHA is examining the existing limit on miners’ exposures to RCS to safeguard the health of America’s miners. Based on MSHA’s experience with existing standards and regulations, as well as OSHA’s RCS standards and NIOSH research, MSHA will develop a rule applicable to metal, nonmetal, and coal operations. Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30 U.S.C. 811(a), 813(h), and 957). Alternatives: MSHA will examine one or two different levels of miners’ RCS exposure limit and assess the technological and economic feasibility of such option(s). Anticipated Cost and Benefits: To be determined. Risks: Miners face impairment risk of health and functional capacity due to RCS exposures. MSHA will examine the existing RCS standard and determine ways to reduce the health risks associate with RCS exposure. Timetable: Action DOL—MINE SAFETY AND HEALTH ASMINISTRATION (MSHA) Proposed Rule Stage 139. Respirable Crystalline Silica [1219–AB36] Priority: Other Significant. Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957 CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 60; 30 CFR 70; 30 CFR 71; 30 CFR 72; 30 CFR 75; 30 CFR 90. Legal Deadline: None. Abstract: Many miners are exposed to respirable crystalline silica (RCS) in respirable dust. These miners can develop lung diseases such as chronic obstructive pulmonary disease, and various forms of pneumoconiosis, such as silicosis, progressive massive fibrosis, and rapidly progressive pneumoconiosis. These diseases are irreversible and may ultimately be fatal. MSHA’s existing standards limit miners’ exposures to RCS. MSHA will publish a proposed rule to address the existing permissible exposure limit of RCS for all miners and to update the existing respiratory protection standards under 30 CFR 56, 57, and 72. Statement of Need: Many miners are exposed to respirable crystalline silica (RCS) in respirable dust, which can result in the onset of diseases such as silicosis and rapidly progressive PO 00000 Frm 00134 Fmt 4701 Sfmt 4702 Request for Information (RFI). RFI Comment Period End. NPRM .................. Date 08/29/19 FR Cite 84 FR 45452 10/28/19 04/00/23 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Businesses, Governmental Jurisdictions. Government Levels Affected: Local, State. Agency Contact: S. Aromie Noe, Director, Office of Standards, Regulations, and Variances, Department of Labor, Mine Safety and Health Administration, 201 12th Street S, Suite 401, Arlington, VA 22202, Phone: 202 693–9440, Fax: 202 693–9441. RIN: 1219–AB36 DOL—MSHA Final Rule Stage 140. Safety Program for Surface Mobile Equipment [1219–AB91] Priority: Other Significant. Major under 5 U.S.C. 801. Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957 CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 77. Legal Deadline: None. Abstract: MSHA would require mine operators to establish a written safety E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda program for mobile equipment and powered haulage equipment (except belt conveyors) used at surface mines and surface areas of underground mines. Under this proposal, mine operators would be required to assess hazards and risks and identify actions to reduce accidents related to surface mobile equipment. The operators would have flexibility to develop and implement a safety program that would work best for their mining conditions and operations. This proposed rule would reduce fatal and nonfatal injuries involving surface mobile equipment used at mines and improve miner safety and health. Statement of Need: Although mine accidents are declining, accidents involving mobile and powered haulage equipment are still a leading cause of fatalities in mining. To reduce fatal and nonfatal injuries involving surface mobile equipment used at mines, MSHA is proposing a regulation that would require mine operators employing six or more miners to develop a written safety program for mobile and powered haulage equipment (excluding belt conveyors) at surface mines and surface areas of underground mines. The written safety program would include actions mine operators would take to identify hazards and risks to reduce accidents, injuries, and fatalities related to surface mobile equipment. Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30 U.S.C. 811(a), 813(h), and 957). Alternatives: MSHA considered requiring all mines, regardless of size, to develop and implement a written safety program for surface mobile equipment. Based on the Agency’s experience, MSHA concluded that a mine operator with five or fewer miners would generally have a limited inventory of surface mobile equipment. These operators would also have less complex mining operations, with fewer mobile equipment hazards that would necessitate a written safety program. Thus, these mine operators are not required to have a written safety program, although MSHA would encourage operators with five or fewer miners to have safety programs. MSHA will consider comments and suggestions received on alternatives or best practices that all mines might use to develop safety programs (whether written or not) for surface mobile equipment. Anticipated Cost and Benefits: The proposed rule would not be economically significant, and it would have some net benefits. Risks: Miners operating mobile and powered haulage equipment or working VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 nearby face risks of workplace injuries, illnesses, or deaths. The proposed rule would allow a flexible approach to reducing hazards and risks specific to each mine so that mine operators would be able to develop and implement safety programs that work for their operation, mining conditions, and miners. Timetable: Action Date Request for Information (RFI). Notice of Public Stakeholder Meetings. Stakeholder Meeting—Birmingham, AL. Stakeholder Meeting—Dallas, TX. Stakeholder Meeting (Webinar)— Arlington, VA. Stakeholder Meeting—Reno, NV. Stakeholder Meeting—Beckley, WV. Stakeholder Meeting—Albany, NY. Stakeholder Meeting—Arlington, VA. RFI Comment Period End. NPRM .................. NPRM Comment Period End. NPRM Reopening of the Rulemaking Record for Public Comments. Virtual Public Hearing. NPRM Comment Period Extension End. Final Rule ............ FR Cite 06/26/18 83 FR 29716 07/25/18 83 FR 35157 08/07/18 08/09/18 08/16/18 08/21/18 09/11/18 09/20/18 09/25/18 12/24/18 09/09/21 11/08/21 86 FR 50496 12/20/21 86 FR 71860 01/11/22 02/11/22 07/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: S. Aromie Noe, Director, Office of Standards, Regulations, and Variances, Department of Labor, Mine Safety and Health Administration, 201 12th Street S, Suite 401, Arlington, VA 22202, Phone: 202 693–9440, Fax: 202 693–9441. RIN: 1219–AB91 PO 00000 Frm 00135 Fmt 4701 Sfmt 4702 11099 DOL—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) Prerule Stage 141. Prevention of Workplace Violence in Health Care and Social Assistance [1218–AD08] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609 CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: The Request for Information (RFI) (published on December 7, 2016, 81 FR 88147)) provides OSHA’s history with the issue of workplace violence in health care and social assistance, including a discussion of the Guidelines that were initially published in 1996, a 2014 update to the Guidelines, the agency’s use of 5(a)(1) in enforcement cases in health care. The RFI solicited information primarily from health care employers, workers and other subject matter experts on impacts of violence, prevention strategies, and other information that will be useful to the agency. OSHA was petitioned for a standard preventing workplace violence in health care by a broad coalition of labor unions, and in a separate petition by the National Nurses United. On January 10, 2017, OSHA granted the petitions. OSHA is preparing for SBREFA. Statement of Need: Workplace violence is a widespread problem, and there is growing recognition that workers in healthcare and social service occupations face unique risks and challenges. In 2018, the rate of serious workplace violence incidents (those requiring days off for an injured worker to recuperate) was more than five times greater in these occupations than in private industry on average, with both the number and share of incidents rising faster in these professions than among other workers. Healthcare and social services account for nearly as many serious violent injuries as all other industries combined. Workplace violence comes at a high cost. It harms workers often both physically and emotionally and makes it more difficult for them to do their jobs. Workers in some medical and social service settings are more at risk than others. According to the Bureau of Labor Statistics, in 2018 workers at psychiatric and substance abuse hospitals experienced the highest rate of violent injuries that resulted in days away from work, at approximately 125 injuries per 10,000 full-time employees (FTEs). This E:\FR\FM\22FEP2.SGM 22FEP2 11100 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda is about 6 times the rate for workers at nursing and residential care facilities (21.1/10,000). But even workers involved in ambulatory care, while less likely than other healthcare workers to experience violent injuries, were 1.5 times as likely as workers outside of healthcare to do so. Summary of Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651). Alternatives: One alternative to proposed rulemaking would be to take no regulatory action. As OSHA develops more information, it will also make decisions relating to the scope of the standard and the requirements it may impose. Anticipated Cost and Benefits: The estimates of costs and benefits are still under development. Risks: Analysis of risks is still under development. Timetable: Action Date Request for Information (RFI). RFI Comment Period End. Initiate SBREFA .. 12/07/16 FR Cite 81 FR 88147 04/06/17 12/00/22 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations. Government Levels Affected: Local, State. Agency Contact: Andrew Levinson, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, Room N– 3718, Washington, DC 20210, Phone: 202 693–1950, Email: levinson.andrew@ dol.gov. RIN: 1218–AD08 DOL—OSHA lotter on DSK11XQN23PROD with PROPOSALS2 142. Heat Illness Prevention in Outdoor and Indoor Work Settings [1218–AD39] Priority: Other Significant. Legal Authority: Not Yet Determined CFR Citation: None. Legal Deadline: None. Abstract: Heat is the leading weatherrelated killer, and it is becoming more dangerous as 18 of the last 19 years were the hottest on record. Excessive heat can VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 cause heat stroke and even death if not treated properly. It also exacerbates existing health problems like asthma, kidney failure, and heart disease. Workers in agriculture and construction are at highest risk, but the problem affects all workers exposed to heat, including indoor workers without climate-controlled environments. Essential jobs where employees are exposed to high levels of heat are disproportionately held by Black and Brown workers. Heat stress killed 815 U.S. workers and seriously injured more than 70,000 workers from 1992 through 2017, according to the Bureau of Labor Statistics. However, this is likely a vast underestimate, given that injuries and illnesses are under reported in the U.S., especially in the sectors employing vulnerable and often undocumented workers. Further, heat is not always recognized as a cause of heat-induced injuries or deaths and can easily be misclassified, because many of the symptoms overlap with other more common diagnoses. To date, California, Washington, Minnesota, and the US military have issued heat protections. OSHA currently relies on the general duty clause (OSH Act section 5(a))(1)) to protect workers from this hazard. Notably, from 2013 through 2017, California used its heat standard to conduct 50 times more inspections resulting in a heat-related violation than OSHA did nationwide under its general duty clause. It is likely to become even more difficult to protect workers from heat stress under the general duty clause in light of the 2019 Occupational Safety and Health Review Commission’s decision in Secretary of Labor v. A.H. Sturgill Roofing, Inc. OSHA was petitioned by Public Citizen for a heat stress standard in 2011. The Agency denied this petition in 2012, but was once again petitioned by Public Citizen, on behalf of approximately 130 organizations, for a heat stress standard in 2018 and 2019. Most recently in 2021, Public Citizen petitioned OSHA to issue an emergency temporary standard on heat stress. OSHA is still considering these petitions and has neither granted nor denied to date. In 2019 and 2021, some members of the Senate also urged OSHA to initiate rulemaking to address heat stress. Given the potentially broad scope of regulatory efforts to protect workers from heat hazards, as well as a number of technical issues and considerations with regulating this hazard (e.g., heat stress thresholds, heat acclimatization planning, exposure monitoring, medical monitoring), OSHA published an PO 00000 Frm 00136 Fmt 4701 Sfmt 4702 ANPRM on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (October 27, 2021) to begin a dialogue and engage with stakeholders to explore the potential for rulemaking on this topic. Statement of Need: Heat stress killed more than 900 US workers, and caused serious heat illness in almost 100 times as many, from 1992 through 2019, according to the Bureau of Labor Statistics. However, this is likely a vast underestimate, given that injuries and illnesses are underreported in the US, especially in the sectors employing vulnerable and often undocumented workers. Further, heat is not always recognized as a cause of heat-induced illnesses or deaths, which are often misclassified, because many of the symptoms overlap with other more common diagnoses. Moreover, climate change is increasing the heat hazard throughout the nation: 2020 was either the hottest or the second hottest year on record, with 2021 being the 6th hottest on record. Although official figures for 2022 are not yet available, we already know that in many states heat related deaths are far higher than normal this year. Summary of Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651). Alternatives: One alternative to proposed rulemaking would be to take no regulatory action an instead rely upon the General Duty Clause (OSH Act Section 5(a)(1) for select enforcement activity). As OSHA develops more information, it will also make decisions relating to the scope of the standard and the requirements it may impose. Anticipated Cost and Benefits: The estimates of costs and benefits are still under development. Risks: Analysis of risks is still under development. Timetable: Action ANPRM ............... ANPRM Comment Period Extended. ANPRM Comment Period Extended End. Initiate SBREFA .. Date 10/27/21 12/02/21 FR Cite 86 FR 59309 86 FR 68594 01/26/22 01/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Undetermined. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Agency Contact: Andrew Levinson, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, Room N– 3718, Washington, DC 20210, Phone: 202–693–1950, Email: levinson.andrew@dol.gov. RIN: 1218–AD39 DOL—OSHA lotter on DSK11XQN23PROD with PROPOSALS2 Proposed Rule Stage 143. Infectious Diseases [1218–AC46] Priority: Economically Significant. Major status under 5 U.S.C. 801 is undetermined. Unfunded Mandates: Undetermined. Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673 CFR Citation: 29 CFR 1910. Legal Deadline: None. Abstract: Employees in health care and other high-risk environments face long-standing infectious disease hazards such as tuberculosis (TB), varicella disease (chickenpox, shingles), and measles, as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID–19), and pandemic influenza. Health care workers and workers in related occupations, or who are exposed in other high-risk environments, are at increased risk of contracting TB, SARS, Methicillin-Resistant Staphylococcus Aureus (MRSA), COVID–19, and other infectious diseases that can be transmitted through a variety of exposure routes. OSHA is examining regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. Workplaces where such control measures might be necessary include: health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings where employees can be at increased risk of exposure to potentially infectious people. A standard could also apply to laboratories, which handle materials that may be a source of pathogens, and to pathologists, coroners’ offices, medical examiners, and mortuaries. Statement of Need: Employees in health care and other high-risk environments face long-standing infectious disease hazards such as tuberculosis (TB), varicella disease (chickenpox, shingles), and measles, as well as new and emerging infectious VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 disease threats, such as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID–19), and pandemic influenza. Health care workers and workers in related occupations, or who are exposed in other high-risk environments, are at increased risk of contracting TB, SARS, Methicillin-Resistant Staphylococcus Aureus (MRSA), COVID–19, and other infectious diseases that can be transmitted through a variety of exposure routes. Summary of Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651). Alternatives: One alternative is to take no regulatory action. OSHA is examining regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. In addition to health care, workplaces where SERs suggested such control measures might be necessary include: emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings where employees can be at increased risk of exposure to potentially infectious people. A standard could also apply to laboratories, which handle materials that may be a source of pathogens, and to pathologists, coroners’ offices, medical examiners, and mortuaries. OSHA offered several alternatives to the SBREFA panel when presenting the proposed Infectious Disease (ID) rule. OSHA considered a specification oriented rule rather than a performance oriented rule, but has preliminarily determined that this type of rule would provide less flexibility and would likely fail to anticipate all of the potential hazards and necessary controls for every type and every size of facility and would under-protect workers. OSHA also considered changing the scope of the rule by restricting the ID rule to workers who have occupational exposure during the provision of direct patient care in institutional settings but based on the evidence thus far analyzed, workers performing other covered tasks in both institutional and noninstitutional settings also face a risk of infection because of their occupational exposure. Anticipated Cost and Benefits: The estimates of costs and benefits are still under development. Risks: Analysis of risks is still under development. PO 00000 Frm 00137 Fmt 4701 Sfmt 4702 11101 Timetable: Action Request for Information (RFI). RFI Comment Period End. Analyze Comments. Stakeholder Meetings. Initiate SBREFA .. Complete SBREFA. NPRM .................. Date 05/06/10 FR Cite 75 FR 24835 08/04/10 12/30/10 07/05/11 76 FR 39041 06/04/14 12/22/14 09/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses, Governmental Jurisdictions. Government Levels Affected: Local, State. Federalism: Undetermined. Agency Contact: Andrew Levinson, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, Room N– 3718, Washington, DC 20210, Phone: 202 693–1950, Email: levinson.andrew@ dol.gov. RIN: 1218–AC46 DOL—OSHA Final Rule Stage 144. Occupational Exposure to COVID– 19 in Healthcare Settings [1218–AD36] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: Occupational Safety and Health Act of 1970 (Public Law 91– 596) CFR Citation: 29 CFR 1910.501; 29 CFR 1910.502; 29 CFR 1910.504; 29 CFR 1910.505; 29 CFR 1910.506. Legal Deadline: None. Abstract: In accordance with President Biden’s Executive Order 13999 on Protecting Worker Health and Safety (January 21st, 2021), OSHA issued an emergency temporary standard to address the grave danger of COVID–19 in healthcare workplaces. This standard contains provisions necessary to ensure the health and safety of workers. The agency believes the danger faced by healthcare workers continues to be of the highest concern and measures to prevent the spread of COVID–19 are still needed to protect them. OSHA announced on December 27, 2021 that it intended to continue to work expeditiously to issue a final standard that will protect healthcare workers from COVID–19 hazards. E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11102 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda However, given that OSHA anticipated a final rule could not be completed in a timeframe approaching the one contemplated by the OSH Act, the agency has stopped enforcing the nonrecordkeeping provisions. OSHA has continued to work expeditiously to issue a final standard that will protect workers from COVID–19. Statement of Need: Since the ETS was first issued, there have been successive waves of new COVID–19 variants, including the delta and omicron variants, as well as numerous subvariants of omicron. New cases of COVID–19 peaked at an average of over 800,000 cases a day in January, 2022 and from mid-May 2022 to present there has been an average of more than 100,000 new COVID–19 cases each day. As the public seeks medical care for their infections, healthcare workers continue to be exposed to COVID–19 in the course of their employment. Summary of Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651). Alternatives: One alternative is formally withdrawing the ETS and not finalizing it to a permanent standard. If it does issue a permanent standard, the agency could also consider expanding the scope so that the rule would include many ambulatory care settings that are engaged in direct COVID–19 care of patients or include not only maintenance activities, but also construction activities at healthcare facilities. The agency could also consider altering its regulatory approach by allowing more employer flexibility through performance-oriented provisions, rather than more prescriptive specifications. Lastly, the agency could consider the addition of new provisions, such as new requirements related to the control of outbreaks in healthcare facilities, or the removal of provisions, such as medical removal benefits. Anticipated Cost and Benefits: The estimates of costs and benefits are still under development. Risks: Analysis of risks is still under development. Timetable: Action Date Interim Final Rule Interim Final Rule Effective. Interim Final Rule; Correction. VerDate Sep<11>2014 FR Cite 06/21/21 06/21/21 86 FR 32376 07/14/21 86 FR 37038 18:12 Feb 21, 2023 Jkt 259001 Action Date Interim Final Rule Comment Period Extended. Interim Final Rule Comment Period Extended End. Final Rule ............ 06/21/21 FR Cite 86 FR 38232 08/20/21 12/00/22 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, Local, State, Tribal. Agency Contact: Andrew Levinson, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, Room N– 3718, Washington, DC 20210, Phone: 202–693–1950, Email: levinson.andrew@dol.gov. RIN: 1218–AD36 BILLING CODE 4510–HL–P DEPARTMENT OF TRANSPORTATION (DOT) Introduction: Department Overview DOT has statutory responsibility for ensuring the United States has the safest and most efficient transportation system in the world. To accomplish this goal, DOT regulates safety in the aviation, motor carrier, railroad, motor vehicle, commercial space, transit, and pipeline transportation areas. The Department also regulates aviation consumer and economic issues and provides financial assistance and writes the necessary implementing rules for programs involving highways, airports, mass transit, the maritime industry, railroads, motor transportation and vehicle safety. DOT also has responsibility for developing policies that implement a wide range of regulations that govern Departmental programs such as acquisition and grants management, access for people with disabilities, environmental protection, energy conservation, information technology, occupational safety and health, property asset management, seismic safety, security, emergency response, and the use of aircraft and vehicles. In addition, DOT writes regulations to carry out a variety of statutes ranging from the Air Carrier Access Act and the Americans with Disabilities Act to Title VI of the Civil Rights Act. The Department carries out its responsibilities through the Office of the Secretary (OST) and the following operating administrations (OAs): Federal Aviation Administration (FAA); Federal Highway Administration PO 00000 Frm 00138 Fmt 4701 Sfmt 4702 (FHWA); Federal Motor Carrier Safety Administration (FMCSA); Federal Railroad Administration (FRA); Federal Transit Administration (FTA); Maritime Administration (MARAD); National Highway Traffic Safety Administration (NHTSA); Pipeline and Hazardous Materials Safety Administration (PHMSA); and Great Lakes St. Lawrence Seaway Development Corporation (GLS). The Department’s Regulatory Philosophy and Initiatives The U.S. Department of Transportation (Department or DOT) issues regulations to make our transportation the safest in the world for the benefit of all who use it, grow an inclusive and sustainable economy, reduce inequities across our transportation systems and the communities they affect, help tackle the climate crisis, and spur research and innovation. Our focus on making ensuring the United States has the safest and most efficient transportation system in the world is as urgent as ever. For example, the Department recently finalized a rule to ensure that flight attendants are well rested when they perform their safetycritical duties. After decades of declines in the number of fatalities on our roads, the United States has seen a recent increase in fatalities among pedestrians, bicyclists, and vehicle occupants that must be reversed. Similarly, we must address disparities in how the burden of these safety risks fall on different communities. The Department is also working to rapidly address the other urgent challenges facing our Nation. To help address climate change, in May 2022, the Department finalized a rulemaking setting more stringent vehicle emission limits for vehicle model years 2024– 2026 than those set by the ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021– 2026 Passenger Cars and Light Trucks,’’ 85 FR 24174 (April 30, 2020) (SAFE II Rule). In addition, the Department is working to greatly improve the transportation system experience for both users and people whose communities are served by or are near the transportation network. To that end, The Department is considering the following rulemakings: (1) Enhancing Transparency of Airline Ancillary Service Fees; (2) Airline Ticket Refunds; and (3) fuel economy standards for passenger cars, light-duty trucks, heavyduty pickup trucks, and vans, as well as fuel efficiency standards for mediumand heavy-duty engines and vehicles. E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 The Department’s Regulatory Priorities The regulatory plan laid out below reflects a careful balance that emphasizes the Department’s priorities in responding to the urgent challenges facing our nation. Safety. Safety is our North Star. The DOT Regulatory Plan reflects this commitment to safety through a balanced regulatory approach grounded in reducing transportation-related fatalities and injuries. Our goals are to manage safety risks, reverse recent trends negatively affecting safety, and build on the successes that have already been achieved to make our transportation system safer than it has ever been. Innovations should reduce deaths and serious injuries on our Nation’s transportation network, while committing to the highest standards of safety across technologies. For example, the Department is working on two rulemakings to require or standardize equipment performance for automatic emergency braking on heavy trucks and newly manufactured light vehicles. Economic Growth. The safe and efficient movement of goods and passengers requires us not just to maintain, but to improve our national transportation infrastructure. But that cannot happen without changes to the way we plan, fund, and approve projects. Accordingly, our Regulatory Plan incorporates regulatory actions that increase competition and consumer protection, as well as streamline the approval process and facilitate more efficient investment in infrastructure, which is necessary to maintain global leadership and foster economic growth. Climate Change. Climate change is one of the most urgent challenges facing our nation. The Department has engaged in multiple regulatory activities to address this challenge. For example, the Department is engaged in rulemakings to measure and reduce emissions from transportation projects and improve emissions related to movement of natural gas. Equity. Ensuring that the transportation system equitably benefits underserved communities is a top priority. This work is guided by the Departmental and interagency work being done pursuant to Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. The Department is also working on a rulemaking that would make it easier for members of underserved communities to apply to and be a part of the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE Program. In addition, the Department is VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 working on multiple rulemakings to ensure access to transportation for people with disabilities. For example, the Department is working on: (1) a rulemaking to ensure that people with disabilities can access lavatories on single-aisle aircraft; (2) a rulemaking to enhance the safety of air travel for individuals with disabilities who use wheelchairs; and (3) a rulemaking to ensure that disabled persons have equitable access to transit facilities. In the rulemaking to enhance air travel safety for wheelchair users, the Department is considering, among other things, options to ensure that assistance provided to individuals with disabilities be provided in a safe manner and that disabled individuals’ assistive devices not be mishandled. The Department is prioritizing its regulatory actions to make sure those regulations are providing the highest level of safety while responding to the urgent challenges facing our Nation. Since each OA has its own area of focus, we summarize the regulatory priorities of each below. More information about each of the rules discussed below can be found in the DOT Unified Agenda. Office of the Secretary of Transportation OST oversees the regulatory processes for the Department. OST implements the Department’s regulatory policies and procedures and is responsible for ensuring the involvement of senior officials in regulatory decision making. Through the Office of the General Counsel, OST is also responsible for ensuring that the Department complies with the Administrative Procedure Act, Executive Orders 12866 and 13563, DOT’s Regulatory Policies and Procedures, and other legal and policy requirements affecting the Department’s rulemaking activities. In addition, OST has the lead role in matters concerning aviation consumer and economic rules, Title VI of the Civil Rights Act, the Americans with Disabilities Act, and rules that affect multiple elements of the Department. OST provides guidance and training regarding compliance with regulatory requirements and processes for personnel throughout the Department. OST also plays an instrumental role in the Department’s efforts to improve our economic analyses; risk assessments; regulatory flexibility analyses; other related analyses; retrospective reviews of rules; and data quality, including peer reviews. The Office of the General Counsel (OGC) is the lead office that works with the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs PO 00000 Frm 00139 Fmt 4701 Sfmt 4702 11103 (OIRA) to comply with Executive Order 12866 for significant rules, coordinates the Department’s response to OMB’s intergovernmental review of other agencies’ significant rulemaking documents, and other relevant Administration rulemaking directives. OGC also works closely with representatives of other agencies, the White House, and congressional staff to provide information on how various proposals would affect the ability of the Department to perform its safety, infrastructure, and other missions. Executive Order 14036 directs the Department to take actions that would promote competition and deliver benefits to America’s consumers, including initiating a rulemaking to ensure that air consumers have ancillary fee information, including ‘‘baggage fees,’’ ‘‘change fees,’’ ‘‘cancellation fees,’’ and fees for seating adjacent to young children at the time of ticket purchase. Among a number of steps to further the Administration’s goals in this area, the Department has initiated a rulemaking to enhance consumers’ ability to determine the true cost of travel, titled ‘‘Enhancing Transparency of Airline Ancillary Service Fees.’’ Federal Aviation Administration FAA is charged with safely and efficiently operating and maintaining the most complex aviation system in the world. To enhance aviation safety, FAA is finalizing a rulemaking that would require certain airport certificate holders to develop, implement, maintain, and adhere to a safety management system. FAA also intends to propose that rulemaking requiring a safety management system for certain aircraft, engine, and propeller manufacturers; certificate holders conducting common carriage operations; and persons conducting certain, specific types of air tour operations. In addition, FAA will proceed with a rulemaking to further advance the integration of unmanned aircraft systems into the national airspace system. Federal Highway Administration FHWA carries out the Federal highway program in partnership with State and local agencies to meet the Nation’s transportation needs. FHWA’s mission is to improve the quality and performance of our Nation’s highway system and its intermodal connectors. Consistent with this mission, FHWA is scheduled to finalize its National Electric Vehicle Infrastructure (NEVI) Formula Program regulation as required by the Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure Investment and Jobs Act) (Pub. L. 117– E:\FR\FM\22FEP2.SGM 22FEP2 11104 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda 58) (Nov. 15, 2021). This regulation would enable States to implement federally-funded charging station projects in a standardized fashion across a national Electric Vehicle (EV) charging network that can be utilized by all EVs regardless of vehicle brand. Such standards would provide consumers with reliable expectations for travel in an EV across and throughout the United States and support a national workforce skilled and trained in EV supply equipment installation and maintenance. lotter on DSK11XQN23PROD with PROPOSALS2 Federal Motor Carrier Safety Administration The mission of FMCSA is to reduce crashes, injuries, and fatalities involving commercial trucks and buses. A strong regulatory program is a cornerstone of FMCSA’s compliance and enforcement efforts to advance this safety mission. In addition to Agency-directed regulations, FMCSA develops regulations mandated by Congress, through legislation such as the Moving Ahead for Progress in the 21st Century (MAP–21) and the Fixing America’s Surface Transportation (FAST) Acts. FMCSA regulations establish minimum safety standards for motor carriers, commercial drivers, commercial motor vehicles, and State agencies receiving certain motor carrier safety grants and issuing commercial drivers’ licenses. FMCSA will continue to coordinate efforts on the development of autonomous vehicle technologies and review existing regulations to identify changes that might be needed to ensure that DOT regulations ensure safety and keep pace with innovations. Additionally, in support of the National Highway Traffic Safety Administration’s (NHTSA) automatic emergency braking (AEB) rulemaking for heavy trucks, FMCSA will seek information and comment concerning the maintenance and operation of AEB by motor carriers. National Highway Traffic Safety Administration NHTSA pursues policies that enable safety; establish light-, medium-, and heavy-duty vehicle fuel economy and fuel efficiency standards in furtherance of climate and energy conservation; enhance equity; and improve mobility in order to save lives, prevent injuries, and reduce economic and social costs due to roadway crashes. The statutory responsibilities of NHTSA relating to motor vehicles include reducing the number, and mitigating the effects, of motor vehicle crashes and related fatalities and injuries; providing safetyrelevant information to aid prospective purchasers of vehicles, child restraints, VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 and tires; and improving fuel economy and fuel efficiency standards requirements. NHTSA develops safety standards and other regulations driven by data and research, including those mandated by Congress under the Infrastructure Investment and Jobs Act, Moving Ahead for Progress in the 21st Century Act, the Fixing America’s Surface Transportation Act, and the Energy Independence and Security Act, among others. NHTSA’s regulatory priorities for Fiscal Year 2023 focus on issues related to safety, climate, equity, and vulnerable road users. Relative to climate and equity, NHTSA plans to propose a rulemaking to address the next phase of Fuel Efficiency and Greenhouse Gas Standards for Medium- and Heavy-Duty Engines and Vehicles, pursuant to Executive Order 14037. Also pursuant to Executive Order 14037, NHTSA plans to propose the next phase of NHTSA’s corporate average fuel economy (CAFE) standards for passenger cars and light trucks. To enhance the safety of vulnerable road users and vehicle occupants, NHTSA plans to issue a proposal to require automatic emergency braking (AEB) on light vehicles, including Pedestrian AEB. For heavy trucks, NHTSA plans to propose a rulemaking to require AEB. Federal Railroad Administration FRA exercises regulatory authority over all areas of railroad safety and, where feasible, incorporates flexible performance standards. The current FRA regulatory program continues to reflect a number of pending proceedings to satisfy mandates resulting from the Bipartisan Infrastructure Law (2021), Rail Safety Improvement Act of 2008 (RSIA08), and the FAST Act. These actions support a safe, high-performing passenger rail network, protect worker safety, and encourage innovation and the adoption of new technology to improve rail safety. Federal Transit Administration The mission of FTA is to improve public transportation for America’s communities. To further that end, FTA provides financial and technical assistance to local public transit systems, including buses, subways, light rail, commuter rail, trolleys, and ferries, oversees safety measures, and helps develop next-generation technology research. FTA’s regulatory activities implement the laws that apply to recipients’ uses of Federal funding and the terms and conditions of FTA grant awards. PO 00000 Frm 00140 Fmt 4701 Sfmt 4702 Maritime Administration MARAD administers Federal laws and programs to improve and strengthen the maritime transportation system to meet the economic, environmental, and security needs of the Nation. To that end, MARAD’s efforts are focused upon ensuring a strong American presence in the domestic and international trades and to expanding maritime opportunities for American businesses and workers. MARAD’s regulatory objectives and priorities reflect the Agency’s responsibility for ensuring the availability of water transportation services for American shippers and consumers and, in times of war or national emergency, for the U.S. armed forces. For Fiscal Year 2023, MARAD will continue its work increasing the efficiency of program operations by updating and clarifying implementing rules and program administrative procedures. Pipeline and Hazardous Materials Safety Administration PHMSA has responsibility for rulemaking focused on hazardous materials transportation and pipeline safety. In addition, PHMSA administers programs under the Federal Water Pollution Control Act, as amended by the Oil Pollution Act of 1990. In Fiscal Year 2023, PHMSA will focus on the Gas Pipeline Leak Detection and Repair rulemaking, which would amend the Pipeline Safety Regulations to enhance requirements for detecting and repairing leaks on new and existing natural gas distribution, gas transmission, and gas gathering pipelines. PHMSA anticipates that the amendments proposed in this rulemaking would reduce methane emissions arising from leaks and incidents from natural gas pipelines and address environmental justice concerns by improving the safety of natural gas pipelines near environmental justice communities and mitigating the risks for those communities arising from climate change. PHMSA will also focus on the Improving the Safety of Transporting Liquefied Natural Gas rulemaking. This rulemaking action would amend the Hazardous Materials Regulations governing transportation of liquefied natural gas (LNG) in rail tank cars. This rulemaking action would incorporate the results of ongoing research efforts and collaboration with other Department of Transportation Operating Administrations and external technical experts; respond to a directive in E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Executive Order 13990 for PHMSA to review recent actions that could be obstacles to Administration policies promoting public health and safety, the environment, and climate change mitigation; and provide an opportunity for stakeholders and the public to contribute their perspectives on rail transportation of LNG. DOT—OFFICE OF THE SECRETARY (OST) Proposed Rule Stage lotter on DSK11XQN23PROD with PROPOSALS2 145. +Enhancing Transparency of Airline Ancillary Service Fees [2105– AF10] Priority: Other Significant. Legal Authority: 49 U.S.C. 41712 CFR Citation: 14 CFR 399. Legal Deadline: None. Abstract: This rulemaking would amend DOT’s aviation consumer protection regulations to ensure that consumers have ancillary fee information, including ‘‘baggage fees,’’ ‘‘change fees,’’ ‘‘cancellation fees,’’ and seat fees that impact families traveling with children at the time of ticket purchase. This rulemaking would also examine whether fees for certain ancillary services should be disclosed at the first point in a search process where a fare is listed. This rulemaking implements section 5, paragraph (m)(i)(F) of Executive Order 14036 on Promoting Competition in the American Economy, which directs the Department to better protect consumers and improve competition. Statement of Need: This rulemaking proposes that consumers have ancillary fee information, including ‘‘baggage fees,’’ ‘‘change fees,’’ and ‘‘cancellation fees,’’ at the time of ticket purchase. Summary of Legal Basis: 49 U.S.C. 41712; 14 CFR part 399, Executive Order 14036. Alternatives: n/a. Anticipated Cost and Benefits: The rule would yield societal benefits if it reduced deadweight loss from inaccurate price calculations or reduced search costs. Inaccurate price calculations lead to over consumption and can distort consumer perceptions in ways that confer a competitive advantage to producers who produce a lower-quality product. While we lack information to estimate benefits, we calculated a hypothetical example range using methods from earlier rulemakings. At the same time, the rule could lead to crowding out of other relevant information for some consumers. The potential effect represents an offset to VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 benefits, and it is possible that it equals or outweighs the benefits. The primary costs of the proposed rule are the costs that carriers and ticket agents would incur to share ancillary fee data, modify websites, and allow transactability for assigned seats for children 13 or under. These costs include startup implementation costs as well as ongoing costs. Third parties involved in data exchange, such as global distribution systems (GDS) and direct-channel companies, would incur costs as well despite not being directly regulated by the rule. Because these entities are already starting to upgrade systems for market reasons, the cost properly associated with the proposed rule is the cost of requiring them to upgrade earlier than they would without the rule. Risks: n/a. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Rule ............ 10/20/22 12/19/22 FR Cite 87 FR 63718 03/00/24 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Blane A. Workie, Assistant General Counsel, Department of Transportation, Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366– 9342, Fax: 202 366–7153, Email: blane.workie@ost.dot.gov. RIN: 2105–AF10 DOT—OST Final Rule Stage 146. +Accessible Lavatories on SingleAisle Aircraft: Part II [2105–AE89] Priority: Other Significant. Major under 5 U.S.C. 801. Legal Authority: Air Carrier Access Act, 49 U.S.C. 41705 CFR Citation: 14 CFR 382. Legal Deadline: None. Abstract: This rulemaking would require that airlines make lavatories on new single-aisle aircraft large enough, equivalent to that currently found on twin-aisle aircraft, to permit a passenger with a disability (with the help of an assistant, if necessary) to approach, enter, and maneuver within the aircraft PO 00000 Frm 00141 Fmt 4701 Sfmt 4702 11105 lavatory as necessary to use all lavatory facilities and leave by means of the aircraft’s on-board wheelchair. Statement of Need: This rulemaking proposes to improve accessibility of lavatories on single-aisle aircraft. Summary of Legal Basis: 49 U.S.C. 41705; 14 CFR part 382. Alternatives: n/a. Anticipated Cost and Benefits: tbd. Risks: n/a. Timetable: Action NPRM .................. NPRM Comment Period End. Final Rule ............ Date 03/28/22 05/27/22 FR Cite 87 FR 17215 04/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Blane A. Workie, Assistant General Counsel, Department of Transportation, Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366– 9342, Fax: 202 366–7153, Email: blane.workie@ost.dot.gov. Related RIN: Split from 2105–AE32, Related to 2105–AE88 RIN: 2105–AE89 DOT—FEDERAL AVIATION ADMINISTRATION (FAA) Proposed Rule Stage 147. +Safety Management System for Parts 21, 91, 135 and 145 [2120–AL60] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 44701(a)(5) CFR Citation: 14 CFR 135; 14 CFR 145; 14 CFR 21; 14 CFR 91. Legal Deadline: None. Abstract: This rulemaking would apply the requirements of 14 CFR part 5, with appropriate modifications. As a result, this rulemaking would require persons engaged in the design and production of aircraft, engines, or propellers; certificate holders that conduct common carriage operations under part 135; persons engaged in maintaining part 121 aircraft under part 145; and persons conducting certain, specific types of air tour operations under part 91 to implement a Safety Management System. Statement of Need: Recent incidents and accidents have indicated the need E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11106 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda for action to improve safety in the National Airspace System (NAS). In addition, recommendations from the National Transportation Safety Board (NTSB), mandates in the Aircraft Certification Safety and Accountability (ACSA) Act (Pub. L. 116–260, December 27, 2020), agreements in International Civil Aviation Organization (ICAO) Annexes and Standards and Recommended Practices (SARPs), and recommendations from previous Aviation Rulemaking Committees (ARCs) indicate that expanded application of SMS is needed. Further, the successful implementation of Safety Management Systems (SMS) in part 121 suggests the potential benefit to expansion of SMS into other sectors of the aviation system. Therefore, the Federal Aviation Administration has determined that expanding the application of part 5 is necessary. Summary of Legal Basis: The FAA’s authority to issue rules on aviation safety is found in title 49 of the United States Code (U.S.C.). Subtitle I, section 106 describes the authority of the FAA Administrator. This rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. This rulemaking is also promulgated under 49 U.S.C. 44701(a)(5), 49 U.S.C. 44701(d)(1)(A), 49 U.S.C. 44701(a)(2), 49 U.S.C. 44707(2), 49 U.S.C. 44702 and 49 U.S.C. 44704. In addition, the Airport Certification, Safety, and Accountability Act, (the Act), Public Law 116–260, division V, title I, sec. 102 (December 27, 2020) requires the FAA to initiate a rulemaking to require that manufacturers that hold both a type certificate and a production certificate issued pursuant to 49 U.S.C. 44704 have a safety management system consistent with standards and recommended practices established by ICAO. This rulemaking is within the scope of the aforementioned authorities because it requires certain entities to develop and maintain an SMS to improve the safety of their operations. The development and implementation of SMS ensures safety in air transportation, manufacturing, and maintenance by helping certain entities proactively identify and mitigate safety hazards, thereby reducing the possibility or recurrence of accidents in air transportation. Alternatives: The proposed expansion of the applicability of part 5 furthers the Administrator’s mission of promoting the safe flight of civil aircraft in air VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 commerce and reducing or eliminating the possibility or recurrence of accidents in air transportation. The FAA is currently exploring several alternatives to determine how the revised applicability would extend SMS requirements to parts 21, 91, 135, and 145. Anticipated Cost and Benefits: The FAA is in the process of determining the costs and benefits associated with the proposed rule. Risks: An SMS is a formalized approach to managing safety by developing an organization-wide safety policy, developing formal methods of identifying hazards, analyzing and mitigating risk, developing methods for ensuring continuous safety improvement, and creating organization-wide safety promotion strategies. An SMS provides an organization’s management with a set of decision-making tools that can be used to plan, organize, direct, and control its business activities in a manner that enhances safety and ensures compliance with regulatory standards. Adherence to standard operating procedures, proactive identification and mitigation of hazards and risks, and effective communications are crucial to continued operational safety. The FAA envisions an SMS would provide those covered by the proposed rule with an added layer of safety to help reduce the number of incidents, and accidents. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Scott VanBuren, Office of Accident Investigation and Prevention, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, Phone: 202 494–8417, Email: scott.vanburen@faa.gov. RIN: 2120–AL60 PO 00000 Frm 00142 Fmt 4701 Sfmt 4702 DOT—FEDERAL HIGHWAY ADMINISTRATION (FHWA) Final Rule Stage 148. +National Electric Vehicle Infrastructure Formula Program [2125– AG10] Priority: Other Significant. Legal Authority: Infrastructure Investment and Jobs Act, Pub. L. 117– 58 (Nov. 15, 2021), Pa CFR Citation: Not Yet Determined. Legal Deadline: NPRM, Statutory, May 13, 2022, The BIL requires establishment of minimum standards and requirements of the NEVI Formula Program within 180 days. Abstract: This rulemaking would establish minimum standards and requirements for the implementation of the NEVI Formula Program under Title 23 of the United States Code, as required by the Infrastructure Investment and Jobs Act, Public Law 117–58 (Nov. 15, 2021), Paragraph (2) under the Highway Infrastructure Program heading in title VIII of division J. Statement of Need: The FHWA is directed by Paragraph (2) under the Highway Infrastructure Program heading in title VIII of division J of the Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure Investment and Jobs Act) (Pub. L. 117– 58) (Nov. 15, 2021) to create minimum standards and requirements for NEVIfunded projects. As outlined in statute, the purpose of the NEVI Formula Program is to ‘‘provide funding to States to strategically deploy EV charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability.’’ This purpose would be satisfied by creating a convenient, affordable, reliable, and equitable network of chargers throughout the country. Currently, there are no national standards for the installation, operation, or maintenance of EV charging stations, and wide disparities exists among EV charging stations in key components, such as operational practices, payment methods, site organization, display of price to charge, speed and power of chargers, cybersecurity and resilience of charger components and software, and information communicated about the availability and functioning of each charging station. The FHWA is directed by section 11129 of BIL, which amends 23 U.S.C. 109, by adding a requirement that EV charging station standards apply to all projects that install EV charging infrastructure using funds provided under title 23, United States Code. This proposed rule does not conflict with or E:\FR\FM\22FEP2.SGM 22FEP2 11107 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda supersede other title 23, United States Code statutory requirements or their implementing regulations. This regulation would enable States to implement federally-funded charging station projects in a standardized fashion across a national EV charging network that can be utilized by all EVs regardless of vehicle brand. Such standards would provide consumers with reliable expectations for travel in an electric vehicle across and throughout the United States and support a national workforce skilled and trained in EVSE installation and maintenance. Summary of Legal Basis: The FHWA is directed by Paragraph (2) under the Highway Infrastructure Program heading in title VIII of division J of the Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure Investment and Jobs Act) (Pub. L. 117– 58) (Nov. 15, 2021) to create minimum standards and requirements for NEVIfunded projects. The FHWA is directed by Section 11129 of BIL, which amends 23 U.S.C. 109, by adding a requirement that EV charging station standards apply to all projects that install EV charging infrastructure using funds provided under title 23, United States Code. Alternatives: In the development of its proposal, FHWA considered alternatives to its published proposal including recommendations received as part of its Request for Information published in the Federal Register at 86 FR 67782 on November 29, 2021. Discussion is included in the preamble of the NPRM and in the preliminary Regulatory Impact Analysis document found at the docket for this rulemaking. Anticipated Cost and Benefits: The preliminary Regulatory Impact Analysis document provided in the docket for this rulemaking provides a national estimate of the costs and benefits to implement this rulemaking. All of these minimum requirements are required by BIL. Many of the costs and benefits in the proposed rule are difficult to quantify, although for some provisions break even analysis and other illustrative calculations comparing the costs and benefits of alternative requirements have been provided. These illustrative calculations and qualitative analyses show that proposed requirements have advantages over other possible alternatives when considering costs and benefits. Risks: None identified. Timetable: Action Date NPRM .................. Final Rule ............ VerDate Sep<11>2014 06/22/22 12/00/22 18:12 Feb 21, 2023 FR Cite 87 FR 37262 Jkt 259001 Action Date Final Action Effective. FR Cite 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Undetermined. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Michael Culp, Department of Transportation, Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202–366–9229, Email: Michael.culp@dot.gov. RIN: 2125–AG10 DOT—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) avoidance and mitigation systems on heavy vehicles. NHTSA believes there is potential for AEB to improve safety by reducing the likelihood of rear-end crashes involving heavy vehicles and the severity of crashes. NHTSA is commencing the rulemaking process to potentially require new heavy vehicles to be equipped with automatic emergency braking systems, or to standardize AEB performance when the systems are optionally installed on vehicles. Summary of Legal Basis: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.95. Alternatives: NHTSA will present regulatory alternatives in the NPRM. Anticipated Cost and Benefits: NHTSA will present preliminary costs and benefits in the final rule. Risks: The agency believes there are no substantial risks to this rulemaking. Timetable: Action Proposed Rule Stage 149. +Heavy Vehicle Automatic Emergency Braking [2127–AM36] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 49 U.S.C. 30111; 49 U.S.C. 30115; 49 U.S.C. 30117; 49 U.S.C. 30166; 49 U.S.C. 322; delegation of authority at 49 CFR 1.95 CFR Citation: 49 CFR 571. Legal Deadline: Final, Statutory, November 15, 2023, Complete rulemaking. Abstract: Pursuant to a statutory mandate in the Bipartisan Infrastructure Law, this notice will seek comments on a proposal to require and/or standardize equipment performance for automatic emergency braking on heavy trucks. The agency previously published a notice (80 FR 62487) on October 16, 2015 granting a petition for rulemaking submitted by the Truck Safety Coalition, the Center for Auto Safety, Advocates for Highway and Auto Safety, and Road Safe America (dated February 19, 2015), to establish a safety standard to require automatic forward collision avoidance and mitigation (FCAM) systems on certain heavy vehicles. For several years, NHTSA has researched forward collision avoidance and mitigation technology on heavy vehicles, including forward collision warning and automatic emergency braking systems. This rulemaking proposes test procedures for measuring performance of these systems. Statement of Need: This proposed rule would establish a safety standard to require and/or standardize performance of automatic forward collision PO 00000 Frm 00143 Fmt 4701 Sfmt 4702 NPRM .................. Date FR Cite 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Lori Summers, Chief, Light Duty Vehicle Division, Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366– 1740, Email: lori.summers@dot.gov. Related RIN: Related to 2126–AC49 RIN: 2127–AM36 DOT—NHTSA 150. +Light Vehicle Automatic Emergency Braking (AEB) With Pedestrian AEB [2127–AM37] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 49 U.S.C. 30111; 49 U.S.C. 30115; 49 U.S.C. 30117; 49 U.S.C. 30166; 49 U.S.C. 322; delegation of authority at 49 CFR 1.95 CFR Citation: 49 CFR 571. Legal Deadline: Final, Statutory, November 15, 2023, Complete rulemaking. Abstract: Pursuant to a statutory mandate in the Bipartisan Infrastructure Law, this notice will seek comment on a proposal to require and/or standardize performance for Light Vehicle Automatic Emergency Braking (AEB), E:\FR\FM\22FEP2.SGM 22FEP2 11108 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda including Pedestrian AEB (PAEB), on all newly manufactured light vehicles. A vehicle with AEB detects crash imminent situations in which the vehicle is moving forward towards another vehicle and/or a pedestrian, and automatically applies the brakes to prevent the crash from occurring, or to mitigate the severity of the crash. This rulemaking would set performance requirements and would specify a test procedure under which compliance with those requirements would be measured. Statement of Need: This proposed rule would reduce rear end vehicle-tovehicle crashes and could reduce motor vehicle impacts with pedestrians that often result in death and injury. Summary of Legal Basis: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation of authority at 49 CFR 1.95. Alternatives: NHTSA will present regulatory alternatives in the NPRM. Anticipated Cost and Benefits: NHTSA will present preliminary costs and benefits in the NPRM. Risks: The agency believes there are no substantial risks to this rulemaking. Timetable: Action Date NPRM .................. FR Cite 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Lori Summers, Chief, Light Duty Vehicle Division, Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366– 1740, Email: lori.summers@dot.gov. RIN: 2127–AM37 DOT—NHTSA lotter on DSK11XQN23PROD with PROPOSALS2 151. +Fuel Efficiency and Greenhouse Gas Standards for Medium- and HeavyDuty Engines and Vehicles [2127– AM39] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: delegation of authority at 49 CFR 1.95 CFR Citation: 49 CFR 533. Legal Deadline: None. Abstract: This notice addresses coordination between NHTSA and the Environmental Protection Agency related to fuel efficiency and greenhouse VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 gas standards for medium and heavyduty engines and vehicles. Statement of Need: This action is directed under Executive Order 14037. Summary of Legal Basis: This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007 (EISA). Alternatives: NHTSA will present regulatory alternatives in the NPRM. Anticipated Cost and Benefits: NHTSA will present preliminary costs and benefits in the NPRM. Risks: The agency believes there are no substantial risks to this rulemaking. Timetable: Action Date NPRM .................. FR Cite 05/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Gregory Powell, Program Analyst, Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366–5206, Email: gregory.powell@dot.gov. RIN: 2127–AM39 DOT—NHTSA 152. +Light Vehicle Cafe Standards Beyond MY 2026 [2127–AM55] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: delegation of authority at 49 CFR 1.95 CFR Citation: 49 CFR 533. Legal Deadline: None. Abstract: In response to Executive Order 14037, this notice proposes the next phase of NHTSA’s corporate average fuel economy (CAFE) standards for passenger cars and light trucks. Statement of Need: This action is directed under Executive Order 14037. Summary of Legal Basis: This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007 (EISA), title 1, subtitle A, section 102, as it amends 49 U.S.C. 32902, which was signed into law December 19, 2007. The statute requires that corporate average fuel economy standards be prescribed separately for passenger automobiles and non-passenger automobiles. The law requires the standards be set at least PO 00000 Frm 00144 Fmt 4701 Sfmt 4702 18 months prior to the start of the model year. Alternatives: NHTSA will present regulatory alternatives in the NPRM. Anticipated Cost and Benefits: NHTSA will present preliminary costs and benefits in the NPRM. Risks: The agency believes there are no substantial risks to this rulemaking. Timetable: Action NPRM .................. Date FR Cite 03/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Gregory Powell, Program Analyst, Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366–5206, Email: gregory.powell@dot.gov. RIN: 2127–AM55 DOT—FEDERAL RAILROAD ADMINISTRATION (FRA) Proposed Rule Stage 153. +Train Crew Staffing (Section 610 Review) [2130–AC88] Priority: Other Significant. Legal Authority: 49 CFR 1.89(a); 49 U.S.C. 20103 CFR Citation: 49 CFR 218. Legal Deadline: None. Abstract: This rulemaking would address the potential safety impact of one-person train operations, including appropriate measures to mitigate an accident’s impact and severity, and the patchwork of State laws concerning minimum crew staffing requirements. This rulemaking would address the issue of minimum requirements for the size of train crews, depending on the type of operations. Statement of Need: To address the potential safety impact of one-person train operations, including appropriate measures to mitigate an accident’s impact and severity, as well as the patchwork of State laws concerning minimum crew staffing requirements, FRA is considering a final rule that would address the issue of minimum requirements for the size of different train crew staffs, depending on the type of operation. Summary of Legal Basis: 49 U.S.C. 20103; 49 CFR 1.89(a). E:\FR\FM\22FEP2.SGM 22FEP2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda Alternatives: FRA will analyze regulatory alternatives in the NPRM. Anticipated Cost and Benefits: FRA estimated the costs associated with special approvals, risk assessments, annual railroad responsibilities after receipt of special approval, and Government administration. FRA estimated the 10-year costs of the proposed rule to be $2.0 million, discounted at 7 percent. The estimated annualized costs of the proposed rule are $0.3 million discounted at 7 percent. The primary benefit of this rule is to ensure any railroad, seeking to operate a train with fewer than two crewmembers identifies, evaluates, and addresses, in a comprehensive and standardized manner, safety concerns that may arise from such operation. A second crewmember performs important safety functions that could be lost when reducing crew size below two. The benefits are discussed qualitatively, but not quantified for this rule. Risks: The NPRM is based off a risk assessment that individual railroads will have to perform. The risks should be negatively impacted. Timetable: Action Date NPRM .................. NPRM Comment Period End. Final Rule ............ 07/28/22 12/21/22 FR Cite 87 FR 45564 02/00/24 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Local, State. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Amanda Maizel, Attorney Adviser, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 493–8014, Email: amanda.maizel@dot.gov. RIN: 2130–AC88 lotter on DSK11XQN23PROD with PROPOSALS2 DOT—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) Final Rule Stage 154. +Pipeline Safety: Class Location Requirements [2137–AF29] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 49 U.S.C. 60101 et seq. VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 CFR Citation: 49 CFR 192. Legal Deadline: None. Abstract: This rulemaking action would address class location requirements for natural gas transmission pipelines, specifically as they pertain to actions operators are required to take following class location changes due to population growth near the pipeline. Operators have suggested that performing integrity management measures on pipelines where class locations have changed due to population increases would be an equally safe but less costly alternative to the current requirements of either reducing pressure, pressure testing, or replacing pipe. Statement of Need: Section 5 of the Pipeline Safety Act of 2011 required the Secretary of Transportation to evaluate and issue a report on whether integrity management (IM) requirements should be expanded beyond high-consequence areas and whether such expansion would mitigate the need for class location requirements. PHMSA issued a report to Congress on its evaluation of this issue in April 2016, noting it would further evaluate the feasibility and appropriateness of alternatives to address pipe replacement requirements when class locations change due to population growth. PHMSA issued an advance notice of proposed rulemaking on July 31, 2018, to obtain public comment on whether allowing IM measures on pipelines where class locations have changed due to population increases would be an equally safe but less costly alternative to the current class location change requirements. PHMSA is proposing revisions to the Federal Pipeline Safety Regulations to amend the requirements for pipelines that experience a change in class location. This proposed rule addresses a part of a congressional mandate from the Pipeline Safety Act of 2011 and responds to public input received as part of the rulemaking process. The amendments in this proposed rule would add an alternative set of requirements operators could use, based on implementing integrity management principles and pipe eligibility criteria, to manage certain pipeline segments where the class location has changed from a Class 1 location to a Class 3 location. PHMSA intends for this alternative to provide equivalent public safety in a more costeffective manner to the current natural gas pipeline safety rules, which require operators to either reduce the pressure of the pipeline, pressure test the pipeline segment to higher standards, or replace the pipeline segment. PO 00000 Frm 00145 Fmt 4701 Sfmt 4702 11109 Summary of Legal Basis: Congress established the current framework for regulating the safety of natural gas pipelines in the Natural Gas Pipeline Safety Act of 1968 (NGPSA). The NGPSA provided the Secretary of Transportation the authority to prescribe minimum Federal safety standards for natural gas pipeline facilities. That authority, as amended in subsequent reauthorizations, is currently codified in the Pipeline Safety Laws (49 U.S.C. 60101 et seq.). Alternatives: PHMSA is evaluating and considering additional regulatory alternatives to these proposed requirements, including a ‘‘no action’’ alternative. Anticipated Cost and Benefits: Preliminary estimated annual cost savings are $149 million. Risks: The alternative conditions PHMSA is proposing to allow operators to manage class location changes through integrity management will provide an equivalent level of safety as the existing class location change regulations. Timetable: Action ANPRM ............... ANPRM Comment Period End. NPRM .................. NPRM Comment Period End. Final Rule ............ Date FR Cite 07/31/18 10/01/18 83 FR 36861 10/14/20 12/14/20 85 FR 65142 06/00/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: None. URL For More Information: www.regulations.gov. URL For Public Comments: www.regulations.gov. Agency Contact: Cameron H. Satterthwaite, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366–8553, Email: cameron.satterthwaite@dot.gov. RIN: 2137–AF29 BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Statement of Regulatory Priorities The primary mission of the Department of the Treasury is to maintain a strong economy and create economic and job opportunities by promoting the conditions that enable economic growth and stability at home and abroad, strengthen national security E:\FR\FM\22FEP2.SGM 22FEP2 11110 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 by combatting threats and protecting the integrity of the financial system, and manage the U.S. Government’s finances and resources effectively. Consistent with this mission, regulations of the Department and its constituent bureaus are promulgated to interpret and implement the laws as enacted by Congress and signed by the President. It is the policy of the Department to comply with applicable requirements to issue a Notice of Proposed Rulemaking and carefully consider public comments before adopting a final rule. Also, the Department invites interested parties to submit views on rulemaking projects while a proposed rule is being developed. To the extent permitted by law, it is the policy of the Department to adhere to the regulatory philosophy and principles set forth in Executive Orders 12866, 13563, and 13609 and to develop regulations that maximize aggregate net benefits to society while minimizing the economic and paperwork burdens imposed on persons and businesses subject to those regulations. Alcohol and Tobacco Tax and Trade Bureau The Alcohol and Tobacco Tax and Trade Bureau (TTB) issues regulations to implement and enforce Federal laws relating to alcohol, tobacco, firearms, and ammunition excise taxes and certain non-tax laws relating to alcohol. TTB’s mission and regulations are designed to: (1) Collect the taxes on alcohol, tobacco products, firearms, and ammunition; (2) Protect the consumer by ensuring the integrity of alcohol products; (3) Ensure only qualified businesses enter the alcohol and tobacco industries; and (4) Prevent unfair and unlawful market activity for alcohol and tobacco products. In FY 2023, TTB will continue its multi-year Regulations Modernization effort by prioritizing projects that reduce regulatory burdens, streamline and simplify requirements, and improve service to regulated businesses. These actions include rulemaking on streamlining permit and qualification requirements for distilled spirits plants, wineries, and breweries, and completing rulemaking to modernize the regulations regarding wine labeling and to authorize additional wine treating materials and processes. TTB will also prioritize rulemaking to implement provisions of the Taxpayer Certainty and Disaster Tax Act of 2020, which made permanent most of the Craft Beverage VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Modernization and Tax Reform provisions of the Tax Cuts and Jobs Act of 2017, and transferred administration of tax benefits on imported alcohol from U.S. Customs and Border Protection (CBP). In addition, TTB will also prioritize publishing rulemaking to implement recommendations of the Department of the Treasury’s February 2022 report on Competition in the Markets for Beer, Wine, and Spirits, which was issued in response to Executive Order 14036, ‘‘Promoting Competition in the American Economy.’’ These actions focus on soliciting public comment on trade practice regulations that prevent anticompetitive practices and maintain a ‘‘level playing field’’ across the alcohol industry, and labeling and advertising regulations that would require alcohol beverage labels to include specific, content-related information on alcohol content, allergens, and other ingredients. They also include finalizing rulemaking on proposed new approved container sizes (‘‘standards of fill’’) for wine and distilled spirits. The specific projects TTB plans to prioritize in FY23 are described below: • Streamlining and Modernizing the Permit Application Process (RINs: 1513– AC46, 1513–AC47, and 1513–AC48, Modernization of Permit and Registration Application Requirements for Distilled Spirits Plants, Permit Applications for Wineries, and Qualification Requirements for Brewers, respectively). In FY 2022, TTB proposed regulatory changes to eliminate or streamline application and qualification requirements for distilled spirits plants and breweries. In FY 2023, TTB intends to publish similar proposals for wineries, and to publish final rules to implement the changes for distilled spirits plants and breweries. These changes are expected to reduce the amount of information industry members must submit to TTB in connection with permit and similar applications to engage in regulated businesses, and reduce the types of operational activities that require prior approval, and overall reduce the regulatory burden on both new and existing businesses. • Modernizing the Alcohol Beverage Labeling and Advertising Requirements (RIN: 1513–AC67, Modernization of Wine Labeling and Advertising Regulations). The Federal Alcohol Administration Act requires that alcohol beverages introduced in interstate commerce have a label approved under regulations prescribed by the Secretary of the PO 00000 Frm 00146 Fmt 4701 Sfmt 4702 Treasury. TTB conducted an analysis of its alcohol beverage labeling regulations to identify any that might be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with that analysis. These regulations were also reviewed to assess their applicability to the modern alcohol beverage marketplace. As a result of this review, in FY 2019, TTB proposed revisions to the regulations concerning the labeling requirements for wine, distilled spirits, and malt beverages. TTB anticipated that these regulatory changes would assist industry in voluntary compliance, decrease industry burden, and result in the regulated industries being able to bring products to market without undue delay. TTB received over 1,100 comments in response to the notice, which included suggestions for further revisions. In FY 2020, TTB published in the Federal Register (85 FR 18704) a final rule amending its regulations to make permanent certain of the proposed liberalizing and clarifying changes, and to provide certainty with regard to certain other proposals that commenters generally opposed and that TTB did not intend to adopt. In FY 2022, TTB published in the Federal Register (87 FR 7526) a final rule that addressed remaining issues related to the labeling of distilled spirits and malt beverages and reorganized those regulations to make them easier to read and understand, for which industry members expressed support. In FY 2023, TTB intends to complete this modernization initiative by publishing a final rule to similarly reorganize the wine labeling regulations, address the remaining labeling issues related to wine, and finalize the regulations related to the advertising of wine, distilled spirits, and malt beverages. • Implementation of the Craft Beverage Modernization Act (RIN: 1513– AC87, Implementing the Craft Beverage Modernization Act Permanent Provisions, and RIN: 1513–AC89, Administering the Craft Beverage Modernization Act Refund Claims for Imported Alcohol). TTB intends to propose to amend its regulations for beer, wine, and distilled spirits, including those related to administration of import claims, to implement changes made to the Internal Revenue Code by the Taxpayer Certainty and Disaster Act of 2020, which made permanent most of the Craft Beverage Modernization and Tax Reform (CBMA) provisions of the Tax Cuts and Jobs Act of 2017. The CBMA provisions provided reduced excise taxes on certain quantities of beer, wine, E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda and distilled spirits produced in or imported into the United States. The 2020 provisions also transferred responsibility for administering certain CBMA provisions for imported alcohol from U.S. Customs and Border Protection (CBP) to the Treasury Department after December 31, 2022. In FY 2022, TTB published a temporary rule (87 FR 58021) establishing procedures for foreign producers to assign tax benefits to importers, and for importers to receive and apply the tax benefits applicable to specified limits of imported alcohol products entered for consumption in the United States beginning on January 1, 2023. In a concurrent notice of proposed rulemaking (87 FR 58043), TTB solicited comments on these amendments. In FY 2023, TTB intends to propose amendments to its regulations to address the application of the CBMA tax benefits to domestic beer, wine, and distilled spirits that were previously provided on a temporary basis, as well as provisions on the types of activities that qualify for reduced tax rates for distilled spirits and on permissible transfers of bottled distilled spirits in bond. • Authorizing the Use of Additional Wine Treating Materials and Soliciting Comments on Proposed Changes to the Limits on the Use of Wine Treating Materials to Reflect ‘‘Good Manufacturing Practice’’ (1513–AC75). TTB intends to propose to amend its regulations pertaining to the production of wine to authorize additional treatments that may be applied to wine and to juice from which wine is made. These proposed amendments are in response to requests from wine industry members. Although TTB may administratively approve such treatments without amending the regulations, administrative approval does not guarantee acceptance in foreign markets of any wine so treated. Under certain international agreements, authorization of wine treatments through public notice facilitates the acceptance of exported wine made using those treatments in foreign markets. TTB also intends to propose for public comment additional changes to the regulations in response to a petition to allow more wine treating materials to be used within the limitations of ‘‘good manufacturing practice’’ rather than within specified numerical limits, thereby providing additional flexibility to winemakers. • Consideration of Updates to Trade Practice Regulations (RIN: 1513–AC92). TTB is seeking public comment on TTB’s trade practice regulations related to the Federal Alcohol Administration VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 Act’s exclusive outlet, tied house, commercial bribery, and consignment sales prohibitions. Executive Order 14036 (‘‘Promoting Competition in the American Economy’’), the Department of the Treasury’s related February 2022 report (‘‘Competition in the Markets for Beer, Wine, and Spirits’’), and public comments related to that report have raised questions about whether these regulations could be improved. TTB is publishing in FY 2023 an advance notice of proposed rulemaking and then will be considering the comments to assist the agency in formulating potential proposals to amend the regulations. • Labeling and Advertising of Alcohol Beverages with Alcohol and Nutritional Content, Allergens, and Ingredients (RIN: 1513–AC93, Labeling and Advertising of Distilled Spirits, Wines, and Malt Beverages With Statements of Alcohol and Nutritional Content; RIN: 1513–AC94, Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages; and 1513–AC95, Ingredient Labeling of Distilled Spirits, Wines, and Malt Beverages). TTB intends to request public comment on possible changes to its labeling and advertising regulations governing alcohol beverage products related to statements of alcohol and nutritional content, allergen labeling, and ingredient labeling. The February 2022 report issued by the Department of the Treasury (‘‘Competition in the Markets for Beer, Wine, and Spirits’’) discussed past and potential future proposals related to the labeling of alcohol beverage products with ‘‘serving facts’’ information. The report stated that TTB should revive or initiate rulemaking proposing mandatory information on alcohol content, nutritional content, and appropriate serving sizes for alcohol beverage products, as well as ingredient labeling. TTB intends to publish two notices of proposed rulemaking (one on alcoholcontent and nutrition facts, and another on allergens) and an advance notice of proposed rulemaking on ingredientlabeling. • Standards of Fill for Wine and Distilled Spirits (RIN: 1513–AC86). TTB plans to publish a final rule to address its proposal published May 25, 2022 (87 FR 31787) to amend the regulations governing wine and distilled spirits containers. TTB proposed to add 10 additional authorized standards of fill for wine in response to requests it has received for such standards, and to be consistent with a Side Letter included as part of a U.S.-Japan Trade Agreement that addresses issues related to market access and, specifically, to PO 00000 Frm 00147 Fmt 4701 Sfmt 4702 11111 alcohol beverage standards of fill. TTB also solicited comments on an alternative proposal to eliminate all but a minimum standard of fill for wine containers and all but a minimum and maximum for distilled spirits. • Addition of Singani to the Standards of Identity for Distilled Spirits (RIN: 1513–AC61). On August 25, 2021, TTB published a proposal (86 FR 47429) to amend the regulations that set forth the standards of identity for distilled spirits to include Singani as a type of brandy that is a distinctive product of Bolivia. This proposal follows a joint petition submitted by the Plurinational State of Bolivia and Singani 63, Inc., and subsequent discussions with the Office of the United States Trade Representative. TTB solicited comments on this proposal, including comments on its proposal to authorize a minimum bottling proof of 35 percent alcohol by volume (or 70° proof) for Singani. TTB expects to publish a final rule in FY23. Office of the Comptroller of the Currency The Office of the Comptroller of the Currency (OCC) charters, regulates, and supervises all national banks and Federal savings associations (FSAs). The agency also supervises the Federal branches and agencies of foreign banks. The OCC’s mission is to ensure that national banks and FSAs operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations. Regulatory priorities for fiscal year 2023 are described below. • Amendments to Bank Secrecy Act Compliance Program Rule (12 CFR part 21). The OCC, the Board of Governors of the Federal Reserve System (FRB), and the Federal Deposit Insurance Corporation (FDIC) plan to issue a notice of proposed rulemaking amending their respective Bank Secrecy Act Compliance Program Rules. • Basel III Revisions (12 CFR part 3). The OCC, the FRB, and the FDIC plan to issue a notice of proposed rulemaking that would comprehensively revise the agencies’ risk-based capital rules, including revisions to the current standardized and advanced approaches capital rules. • Capital Requirements for Market Risk; Fundamental Review of the Trading Book (12 CFR part 3). The OCC, the FRB, and the FDIC plan to issue a notice of proposed rulemaking to revise their respective capital requirements for market risk, which are generally applied to banking E:\FR\FM\22FEP2.SGM 22FEP2 11112 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda lotter on DSK11XQN23PROD with PROPOSALS2 organizations with substantial trading activity. The banking agencies expect the proposal to be generally consistent with the standards set forth in the Fundamental Review of the Trading Book published by the Basel Committee on Bank Supervision. • Community Reinvestment Act Regulations (12 CFR part 25). Along with the Federal Deposit Insurance Agency and the Board of Governors of the Federal Reserve, the OCC the OCC is considering whether to issue a joint final rule to modernize the Community Reinvestment Act regulations. A notice of proposed rulemaking was published on June 3, 2022 (87 FR 63884). Customs Revenue Functions The Homeland Security Act of 2002 (the Act) provides that, although many functions of the former United States Customs Service were transferred to the Department of Homeland Security, the Secretary of the Treasury retains sole legal authority over customs revenue functions. The Act also authorizes the Secretary of the Treasury to delegate any of the retained authority over customs revenue functions to the Secretary of Homeland Security. By Treasury Department Order No. 100–16, the Secretary of the Treasury delegated to the Secretary of Homeland Security authority to prescribe regulations pertaining to the customs revenue functions subject to certain exceptions, but further provided that the Secretary of the Treasury retained the sole authority to approve such regulations. During fiscal year 2021, CBP and Treasury plan to give priority to regulatory matters involving the customs revenue functions which streamline CBP procedures, protect the public, or are required by either statute or Executive Order. Examples of these efforts are described below. • Investigation of Claims of Evasion of Antidumping and Countervailing Duties. Treasury and CBP plan to finalize interim regulations (81 FR 56477) which amended CBP regulations implementing section 421 of the Trade Facilitation and Trade Enforcement Act of 2015, which set forth procedures to investigate claims of evasion of antidumping and countervailing duty orders. • Enforcement of Copyrights and the Digital Millennium Copyright Act. Treasury and CBP plan to finalize proposed amendments to the CBP regulations pertaining to importations of merchandise that violate or are suspected of violating the copyright laws, including the Digital Millennium Copyright Act (DMCA), in accordance VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 with Title III of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) and Executive Order 13785, ‘‘Establishing Enhanced Collection and Enforcement of Anti-dumping and Countervailing Duties and Violations of Trade and Customs Laws.’’ The proposed amendments are intended to enhance CBP’s enforcement efforts against increasingly sophisticated piratical goods, clarify the definition of piracy, simplify the detention process relative to goods suspected of violating the copyright laws, and prescribe new regulations enforcing the DMCA. • Merchandise Produced by Convict or Forced Labor or Indentured Labor under Penal Sanctions. Treasury and CBP plan to publish a proposed rule to update, modernize, and streamline the process for enforcing the prohibition in 19 U.S.C. 1307 against the importation of merchandise that has been mined, produced, or manufactured, wholly or in part, in any foreign country by convict labor, forced labor, or indentured labor under penal sanctions. The proposed rule would generally bring the forced labor regulations and detention procedures into alignment with other statutes, regulations, and procedures that apply to the enforcement of restrictions against other types of prohibited merchandise. • Non-Preferential Origin Determinations for Merchandise Imported From Canada or Mexico for Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). Treasury and CBP plan to finalize a proposed rule to harmonize nonpreferential origin determinations for merchandise imported from Canada or Mexico. Such determinations would be made using certain tariff-based rules of origin to determine when a good imported from Canada or Mexico has been substantially transformed resulting in an article with a new name, character, or use. Once finalized, the rule is intended to reduce administrative burdens and inconsistency for non-preferential origin determinations for merchandise imported from Canada or Mexico for purposes of the implementation of the USMCA. • Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings. Treasury and CBP plan to finalize interim regulations (80 FR 61278) which amended CBP regulations to name the Automated Commercial Environment (ACE) as a CBP-authorized electronic PO 00000 Frm 00148 Fmt 4701 Sfmt 4702 data interchange (EDI) system for the processing of electronic entry and entry summary filings. • Elimination of Paper-Based Bond Applications and the Automated Processing of Bond Applications. Treasury and CBP plan to publish a proposed rule to replace the paperbased bond application and approval process with a streamlined electronic process. The proposed rule would implement the successful National Customs Automation Program (NCAP) test of the electronic bond process. Financial Crimes Enforcement Network As administrator of the Bank Secrecy Act (BSA), the Financial Crimes Enforcement Network (FinCEN) is responsible for developing and implementing regulations that are the core of the Department’s anti-money laundering (AML) and countering the financing of terrorism (CFT) efforts. FinCEN’s responsibilities and objectives are linked to, and flow from, that role. In fulfilling this role, FinCEN seeks to enhance U.S. national security by making the financial system increasingly resistant to abuse by money launderers, terrorists and their financial supporters, and other perpetrators of crime. The Secretary of the Treasury, through FinCEN, is authorized by the BSA to issue regulations requiring financial institutions to file reports and keep records that are highly useful in criminal, tax, or regulatory investigations, risk assessments, or proceedings, or intelligence or counterintelligence activities, including analysis, to protect against terrorism. The BSA also authorizes FinCEN to require that designated financial institutions establish AML/CFT programs and compliance procedures. To implement and realize its mission, FinCEN has established regulatory objectives and priorities to safeguard the financial system from the abuses of financial crime, including terrorist financing, proliferation financing, money laundering, and other illicit activity. These objectives and priorities include: (1) issuing, interpreting, and enforcing compliance with regulations implementing the BSA; (2) supporting, working with, and as appropriate overseeing compliance examination functions delegated by FinCEN to other Federal regulators; (3) managing the collection, processing, storage, and dissemination of data related to the BSA; (4) maintaining a governmentwide access service to that same data for authorized users with a range of interests; (5) conducting analysis in E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda support of policymakers, law enforcement, regulatory and intelligence agencies, and (for compliance purposes) the financial sector; and (6) coordinating with and collaborating on AML/CFT initiatives with domestic law enforcement and intelligence agencies, as well as foreign financial intelligence units. FinCEN’s regulatory priorities for fiscal year 2023 include: • Beneficial Ownership Information Reporting Requirements. On September 30 2022, FinCEN is issued a final rule entitled ‘‘Beneficial Ownership Information Reporting Requirements’’ (BOI reporting rule), requiring certain entities to file with FinCEN reports that identify two categories of individuals: the beneficial owners of the entity, and individuals who have filed an application with specified governmental authorities to create the entity or register it to do business. These regulations implement Section 6403 of the Corporate Transparency Act (CTA), enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), and describe who must file a report, what information must be provided, and when a report is due. This final rule is the first of three rulemakings FinCEN is required to issue pursuant to the CTA. The other two required rulemakings which are discussed elsewhere in this regulatory plan are: (i) a regulation focused on establishing protocols to protect the security and confidentiality of beneficial ownership information (BOI) that will be reported to FinCEN, establishing the terms of access by authorized recipients to the BOI reported, and the use of FinCEN identifiers in making BOI reports; and (ii) revisions to FinCEN’s customer due diligence (CDD) requirements for financial institutions. The final BOI reporting rule is effective January 1, 2024. • Beneficial Ownership Information Access and Safeguards, and Use of FinCEN Identifiers for Entities FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) entitled ‘‘Beneficial Ownership Information Access and Safeguards, and Use of FinCEN Identifiers for Entities.’’ The proposed regulations will establish protocols to protect the security and confidentiality of the beneficial ownership information (BOI) that will be reported to FinCEN pursuant to Section 6403 of the Corporate Transparency Act (CTA), and will establish the framework for access by authorized recipients to the BOI reported. The proposed regulations will also specify when and how reporting VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 companies can use FinCEN identifiers to report the BOI of entities. The CTA was enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA). This proposed rule is the second of three rulemakings FinCEN is required to issue under the CTA. With regard to the first required rulemaking, FinCEN issued a final rule entitled ‘‘Beneficial Ownership Information Reporting Requirements’’ (BOI reporting rule). The third required rulemaking will revise the customer due diligence (CDD) requirements for financial institutions. FinCEN previously issued an Advance Notice of Proposed Rulemaking (ANPRM) entitled ‘‘Beneficial Ownership Information Reporting Requirements’’ on April 5, 2021, that solicited comments on a wide range of questions that concerned all three rulemakings. FinCEN also previously issued a Notice of Proposed Rulemaking with the same title on December 8, 2021 (BOI Reporting NPRM) that addressed only the first of the three rulemakings, but the comments FinCEN received related to all three subjects. This proposed rule reflects FinCEN’s consideration of public comments that have been received in response to the ANPRM and BOI Reporting NPRM. The proposed rule will also re-issue certain provisions of the BOI Reporting NPRM related to the use of FinCEN identifiers. • Section 6314. Updating Whistleblower Incentives and Protection. FinCEN intends to issue an NPRM relating to Section 6314 of the AML Act. Section 6314 of AML Act amends Section 5323 of title 31, United States Code. Section 6314 establishes a whistleblower program that requires FinCEN to pay an award, under regulations prescribed by FinCEN and subject to certain limitations that include availability of funding, to eligible whistleblowers who voluntarily provide FinCEN or the Department of Justice (DOJ) with original information about a violation of the Bank Secrecy Act that leads to the successful enforcement of a covered judicial or administrative action, or related action, and requires that FinCEN preserve the confidentiality of a whistleblower. Additionally, section 6314 of the AML Act repeals 31 U.S.C. 5328, the previous whistleblower protection provision, and replaces it with a new subsection to 31 U.S.C. 5323: subsection (g) ‘‘Protection of Whistleblowers.’’ The new subsection (g) prohibits retaliation by employers against individuals that provide FinCEN or the DOJ with information about potential Bank Secrecy Act violations; any individual PO 00000 Frm 00149 Fmt 4701 Sfmt 4702 11113 alleging retaliation may seek relief by filing a complaint with the Department of Labor. • Section 6101. Establishment of National Exam and Supervision Priorities. FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) as part of the establishment of national exam and supervision priorities. The proposed rule implements Section 6101(b) of the Anti-Money Laundering Act of 2020 (AML Act), enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), that requires the Secretary of the Treasury (Secretary) to issue and promulgate rules for financial institutions to carry out the government-wide anti-money laundering and countering the financing of terrorism priorities (AML/CFT Priorities). The proposed rule: (i) incorporates a risk assessment requirement for financial institutions; (ii) requires financial institutions to incorporate AML/CFT Priorities into risk-based programs; and (iii) provides for certain technical changes. Once finalized, this proposed rule will affect all financial institutions subject to regulations under the Bank Secrecy Act and have AML/CFT program obligations. • Section 6212. Pilot Program on Sharing Information Related to Suspicious Activity Reports (SARs) Within a Financial Group. FinCEN intends to issue a Final Rule in order to implement Section 6212 of the AML Act. This section amends the Bank Secrecy Act (31 U.S.C. 5318(g)) to establish a pilot program that permits financial institutions to share suspicious activity report (SAR) information with their foreign branches, subsidiaries, and affiliates for the purpose of combating illicit finance risks. The section further requires the Secretary of the Treasury to issue rules to implement the amendment within one year of enactment of the AML Act. • Real Estate Transaction Reports and Records. FinCEN intends to issue an NPRM to address money laundering threats in the U.S. real estate sector. • Clarification of the Requirement to Collect, Retain, and Transmit Information on Transactions Involving Convertible Virtual Currencies and Digital Assets with Legal Tender Status. The Board of Governors of the Federal Reserve System and FinCEN (collectively, the ‘‘Agencies’’) intend to issue a revised proposal to clarify the meaning of ‘‘money’’ as used in the rules implementing the BSA requiring financial institutions to collect, retain, and transmit information on certain E:\FR\FM\22FEP2.SGM 22FEP2 lotter on DSK11XQN23PROD with PROPOSALS2 11114 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda funds transfers and transmittals of funds. The Agencies intend that the revised proposal will ensure that the rules apply to domestic and crossborder transactions involving convertible virtual currency, which is a medium of exchange (such as cryptocurrency) that either has an equivalent value as currency, or acts as a substitute for currency, but lacks legal tender status. The Agencies further intend that the revised proposal will clarify that these rules apply to domestic and cross-border transactions involving digital assets that have legal tender status. • Voluntary Information Sharing Among Financial Institutions Under Section 314(b) of the USA PATRIOT Act. FinCEN is considering issuing this rulemaking to strengthen the administration of the regulation implementing the statutory safe harbor that allows eligible financial institutions and associations of financial institutions to voluntarily share information regarding activities that may involve terrorist acts or money laundering. • Revisions to Customer Due Diligence Requirements for Financial Institutions. FinCEN intends to issue an NPRM entitled ‘‘Revisions to Customer Due Diligence Requirements for Financial Institutions,’’ relating to Section 6403(d) of the Corporate Transparency Act (CTA). The CTA was enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA). Section 6403(d) of the CTA requires FinCEN to revise its customer due diligence (CDD) requirements for financial institutions to account for the changes created by the two other rulemakings FinCEN is required to issue pursuant to the CTA. With regard to the first required rulemaking, FinCEN issued a final rule entitled ‘‘Beneficial Ownership Information Reporting Requirements’’ (BOI reporting rule). The second required rulemaking relates to access by authorized recipients to beneficial ownership information (BOI) that will be reported to FinCEN and the use of FinCEN identifiers. FinCEN previously issued an ANPRM entitled ‘‘Beneficial Ownership Information Reporting Requirements’’ on April 5, 2021, that solicited comments on a wide range of questions that concerned all three rulemakings. FinCEN also previously issued a Notice of Proposed Rulemaking with the same title on December 8, 2021 (BOI Reporting NPRM) that addressed only the first of the three rulemakings, but the comments FinCEN received related to all three subjects. The proposed rule VerDate Sep<11>2014 18:12 Feb 21, 2023 Jkt 259001 reflects FinCEN’s consideration of public comments that have been received in response to the ANPRM and BOI Reporting NPRM. The CTA requires that the revisions to the CDD requirements be finalized within one year after the effective date of the BOI reporting rule. • Section 6110. BSA Application to Dealers in Antiquities and Assessment of BSA Application to Dealers in Arts. FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) to implement Section 6110 of the AntiMoney Laundering Act of 2020 (the AML Act). This section amends the Bank Secrecy Act (31 U.S.C. 5312(a)(2)) to include as a financial institution a person engaged in the trade of antiquities, including an advisor, consultant, or any other person who engages as a business in the solicitation or the sale of antiquities, subject to regulations prescribed by the Secretary of the Treasury. The section further requires the Secretary of the Treasury to issue proposed rules to implement the amendment within 360 days of enactment of the AML Act. • Section 6305. No Action Letter Program. FinCEN intends to issue an NPRM following the implementation of Section 6305 of the AML Act. This section requires FinCEN to conduct an assessment on whether to issue noaction letters in response to specific conduct requests from third parties, and propose rulemaking if appropriate. The