User Fees; Technical Amendment, 13979-13980 [2024-03777]
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Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
C. Other Considerations and
Clarifications
24. The settlement authority process
and enhancements detailed in this
policy statement apply only to the
process by which the Commission
resolves investigations conducted by
Enforcement staff pursuant to 18 CFR
part 1b, including investigations that
relate to violations of the mandatory
Reliability Standards. The reforms
discussed herein do not change the
process by which parties to a docketed
proceeding pending before the
Commission or set for hearing submit
settlements to the Commission for
consideration,34 nor do they affect the
process by which the Commission
reviews proposed penalties (including
those agreed to by settlement) imposed
by NERC and/or the Regional Entities
for violations of the Reliability
Standards.35
type the docket number excluding the
last three digits of this document in the
docket number field.
28. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at public.
referenceroom@ferc.gov.
V. Effective Date
29. This policy statement is effective
February 26, 2024.
By the Commission.
Issued: February 15, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024–03609 Filed 2–23–24; 8:45 am]
BILLING CODE 6717–01–P
III. Conclusion
25. As a Commission, we are always
striving to responsibly implement our
enforcement authorities, and to that
end, to continually improve and
enhance our enforcement policies and
procedures to better serve the public.
Consistent with that goal, we issue this
policy statement and hereby streamline
our settlement process by eliminating
the requirement that Enforcement staff
seek settlement authority from the
Commission prior to initiating
settlement negotiations, and instead
grant new discretion to the Director of
Enforcement to authorize the
commencement of settlement
negotiations. We believe these reforms
will result in more effective and
efficient resolutions of part 1b
investigations by settlement.
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IV. Document Availability
26. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested parties an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s homepage (https://
www.ferc.gov).
27. From the Commission’s homepage
on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
34 See
18 CFR 385.602 (2023). For example, the
reforms we announce today will not affect the
settlement process during an Order to Show Cause
proceeding stemming from a Part 1b investigation.
35 See generally, N. Am. Elec. Reliability Corp.,
116 FERC ¶ 61,062 (2006).
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1150
[Docket No. FDA–2012–N–0920]
User Fees; Technical Amendment
Food and Drug Administration,
(HHS).
ACTION: Final rule; technical
amendment.
AGENCY:
The Food and Drug
Administration (FDA or Agency) is
amending its regulations to update a
link regarding user fee disputes. This
technical amendment is nonsubstantive.
SUMMARY:
This rule is effective February
26, 2024.
FOR FURTHER INFORMATION CONTACT: Nate
Mease and Tamika Hopkins, Center for
Tobacco Products, Food and Drug
Administration, Document Control
Center, 10903 New Hampshire Ave.,
Bldg. 71, Rm. G335, Silver Spring, MD
20993–0002, 1–877–287–1373, email:
CTPRegulations@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: FDA is
amending § 1150.15 (21 CFR 1150.15) to
update the web address for information
regarding user fee disputes. FDA’s user
fee dispute regulations currently link to
FDA’s general web page on tobacco
products. FDA is revising § 1150.15 to
specifically direct firms to FDA’s web
page on tobacco product user fees by
replacing ‘‘https://www.fda.gov/
tobacco-products’’ with ‘‘https://
DATES:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
13979
www.fda.gov/tobacco-products/
manufacturing/tobacco-user-fees’’ in
two places.
Publication of this document
constitutes final action on these changes
under the Administrative Procedure Act
(APA) (5 U.S.C. 553). The APA
generally exempts rules from the
requirements of notice and comment
rulemaking when an agency ‘‘for good
cause finds (and incorporates the
finding and a brief statement of reasons
therefor in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest’’ (5 U.S.C.
553(b)(B)).
FDA has determined that notice and
public comment are unnecessary
because this amendment to the
regulation provides only technical or
non-substantive, ministerial changes to
specify the location of information on
FDA’s web page regarding tobacco
product user fee program. Such
technical, non-substantive changes are
‘‘routine determination[s], insignificant
in nature and impact, and
inconsequential to the industry and to
the public.’’ (Mack Trucks, Inc. v. EPA,
682 F.3d 87, 94 (D.C. Cir. 2012))
(quotation marks and citation omitted).
Accordingly, FDA for good cause finds
that notice and public procedure
thereon are unnecessary for changing
the cited FDA web page on tobacco user
fees.
In addition, FDA finds good cause for
these amendments to become effective
on the date of publication of this action.
The APA allows an effective date of less
than 30 days after publication as
‘‘provided by the agency for good cause
found and published with the rule’’ (5
U.S.C. 553(d)(3)). A delayed effective
date is unnecessary in this case because
the amendments do not impose any new
regulatory requirements on affected
parties. As a result, affected parties do
not need time to prepare before the rule
takes effect. Therefore, FDA finds good
cause for this correction to become
effective on the date of publication of
this action.
List of Subjects in 21 CFR Part 1150
Tobacco products, User fees.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 1150 is
amended as follows:
PART 1150—USER FEES
1. The authority citation for part 1150
continues to read as follows:
■
Authority: 21 U.S.C. 371, 387a, 387b, 387i,
387s, 21 CFR 1100.1.
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13980
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
2. Amend § 1150.15 by revising
paragraphs (a)(4) and (d) to read as
follows:
§ 1150.15
Disputes.
(a) * * *
(4) Sent to the address found on our
website (https://www.fda.gov/tobaccoproducts/manufacturing/tobacco-userfees).
*
*
*
*
*
(d) A request for further Agency
review under § 10.75 of this chapter
may be submitted. Such a request must
be submitted in writing by the domestic
manufacturer or importer and received
by FDA within 30 days from the date on
FDA’s response. The request for further
Agency review must be legible, in
English, and submitted to the address
found on our website (https://
www.fda.gov/tobacco-products/
manufacturing/tobacco-user-fees).
Dated: February 20, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–03777 Filed 2–23–24; 8:45 am]
BILLING CODE 4164–01–P
POSTAL SERVICE
39 CFR Part 501
Authorization To Manufacture and
Distribute Postage Evidencing
Systems
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is
amending its Postage Evidencing
Systems (PES) regulations to ensure
compliance for Automated
Clearinghouse or ACH payment
transactions and to clarify obligations
related to all payments. These changes
require the applicable resetting
company (RC) and PC Postage provider
to comply with the latest NACHA rules
published by the North American
Clearing House Association for ACH
transactions. These changes also require
the applicable RC and PC Postage
provider to obtain and store an
agreement with each customer utilizing
ACH debit as a payment method.
Failure to comply may result in
revocation of access to applicable Postal
Service ACH programs.
DATES: Effective March 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Douglas Graham, Banking Manager,
United States Postal Service, 475
L’Enfant Plaza SW, RM 8134,
Washington, DC 20260. Phone: (202)
268–2188.
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SUMMARY:
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Jkt 262001
The Postal
Service issued proposed revisions to 39
CFR part 501, set forth in the Federal
Register on November 20, 2023 (Vol. 88,
No. 222). It proposed amending the
Postage Evidencing Systems regulations
to ensure compliance for Automated
Clearinghouse or ACH payment
transactions and to clarify obligations
related to all payments. Two sets of
comments were received in response to
the Federal Register Notice from
industry participants.
noncompliance of NACHA rules is
duplicative of the existing requirement
for a remediation plan as a part of the
SOC process. If the requirement is
retained, one commentor recommends
that the Postal Service should provide
the text of the attestation or clarify what
the attestation must contain.
NACHA Rules Compliance
ACH Debit Agreement
Industry Comments
The proposal that PES providers must
comply with NACHA rules received
comments highlighting the need for
clarification on which version of the
NACHA rules will apply, as the rules
are regularly updated. The commentors
suggest including a provision for a grace
period for PES providers to adopt and
comply with future updates, which
could either be fixed, or flexible and
proportionate to the scope and
complexity of future changes.
Industry Comments
SUPPLEMENTARY INFORMATION:
■
Postal Service Response
The rule will be re-worded to specify
‘‘must comply with the most recently
published edition of NACHA Operating
Rules & Guidelines, published by
NACHA annually.’’ It is not the
intention through this rulemaking to
alter or supersede NACHA rules, but to
follow existing NACHA rules and
compliance that industry should
reasonably understand and expect.
Under this approach, the Postal Service
cannot provide NACHA compliance
exemptions as any entity involved in
ACH related activity must already
comply with NACHA rules, therefore
the Postal Service will also not specify
‘‘sections to comply with’’ nor ‘‘grace
periods’’. Changes to the NACHA
Operating Rules and Guidelines
typically provide for future dated
requirements and therefore an
implementation period is normally
provided within the NACHA rules.
NACHA Attestation of Compliance
Industry Comments
Commentors expressed opposition to
the proposal’s requirement for an
annual written attestation of compliance
for PES providers. One commentor
opined that the requirement is
unnecessary, since PES providers are
already required to provide the Postal
Service with System and Organizational
Controls Reports (SOC 1 and SOC 2)
that incorporate NACHA compliance.
The proposed rule’s requirement of a
written plan to address any
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Postal Service Response
The requirement to provide an annual
written attestation of compliance will be
removed.
Commentors expressed concerns
about the proposed rule’s new recordkeeping requirements for ACH
agreements for PES providers. One
commenter suggested revising the
requirements to minimize
administrative burden and focus only
on essential information. This
commenter proposes accommodating
customer agreements predating the rule
by either grandfathering them for a
specified period or providing an
extended grace period, such as 12 to 18
months, for historic account
information. The comment also argues
against duplicative elements, such as
the need for bank address information
for every customer agreement. Another
commenter also supports the idea of a
grace period for providers to obtain and
document the required contracts and
suggest making a bank address an
optional requirement, since it can be
derived from the Routing/ABA number.
Postal Service Response
1. Regarding supplying the bank
address information, it is agreed, and
that data element requirement will be
removed.
2. Regarding requiring signature
evidence of termination, it is agreed,
and that data element requirement will
be removed.
3. To comply with NACHA rules, the
ability to provide a copy of the ACH
Debit upon request must already be in
place, therefore ‘‘grandfathering’’ an
exemption to this requirement is not an
option. All customers of the providers
must have an ACH Debit Agreement on
file with the provider. All terminated
ACH Debit Agreements must have a
termination date noted on the agreement
and the agreement must be kept on file
for at least 2 years after the termination
date.
4. It is agreed that an ACH Debit
Agreement ‘‘form (hard copy or
electronic)’’ revision period will be
provided to update agreement ‘‘forms’’
to include the minimum data elements
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]]>Agencies
[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Rules and Regulations]
[Pages 13979-13980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03777]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1150
[Docket No. FDA-2012-N-0920]
User Fees; Technical Amendment
AGENCY: Food and Drug Administration, (HHS).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is amending
its regulations to update a link regarding user fee disputes. This
technical amendment is non-substantive.
DATES: This rule is effective February 26, 2024.
FOR FURTHER INFORMATION CONTACT: Nate Mease and Tamika Hopkins, Center
for Tobacco Products, Food and Drug Administration, Document Control
Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD
20993-0002, 1-877-287-1373, email: [email protected].
SUPPLEMENTARY INFORMATION: FDA is amending Sec. 1150.15 (21 CFR
1150.15) to update the web address for information regarding user fee
disputes. FDA's user fee dispute regulations currently link to FDA's
general web page on tobacco products. FDA is revising Sec. 1150.15 to
specifically direct firms to FDA's web page on tobacco product user
fees by replacing ``https://www.fda.gov/tobacco-products'' with
``https://www.fda.gov/tobacco-products/manufacturing/tobacco-user-fees'' in two places.
Publication of this document constitutes final action on these
changes under the Administrative Procedure Act (APA) (5 U.S.C. 553).
The APA generally exempts rules from the requirements of notice and
comment rulemaking when an agency ``for good cause finds (and
incorporates the finding and a brief statement of reasons therefor in
the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest'' (5
U.S.C. 553(b)(B)).
FDA has determined that notice and public comment are unnecessary
because this amendment to the regulation provides only technical or
non-substantive, ministerial changes to specify the location of
information on FDA's web page regarding tobacco product user fee
program. Such technical, non-substantive changes are ``routine
determination[s], insignificant in nature and impact, and
inconsequential to the industry and to the public.'' (Mack Trucks, Inc.
v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012)) (quotation marks and citation
omitted). Accordingly, FDA for good cause finds that notice and public
procedure thereon are unnecessary for changing the cited FDA web page
on tobacco user fees.
In addition, FDA finds good cause for these amendments to become
effective on the date of publication of this action. The APA allows an
effective date of less than 30 days after publication as ``provided by
the agency for good cause found and published with the rule'' (5 U.S.C.
553(d)(3)). A delayed effective date is unnecessary in this case
because the amendments do not impose any new regulatory requirements on
affected parties. As a result, affected parties do not need time to
prepare before the rule takes effect. Therefore, FDA finds good cause
for this correction to become effective on the date of publication of
this action.
List of Subjects in 21 CFR Part 1150
Tobacco products, User fees.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
1150 is amended as follows:
PART 1150--USER FEES
0
1. The authority citation for part 1150 continues to read as follows:
Authority: 21 U.S.C. 371, 387a, 387b, 387i, 387s, 21 CFR
1100.1.
[[Page 13980]]
0
2. Amend Sec. 1150.15 by revising paragraphs (a)(4) and (d) to read as
follows:
Sec. 1150.15 Disputes.
(a) * * *
(4) Sent to the address found on our website (https://www.fda.gov/tobacco-products/manufacturing/tobacco-user-fees).
* * * * *
(d) A request for further Agency review under Sec. 10.75 of this
chapter may be submitted. Such a request must be submitted in writing
by the domestic manufacturer or importer and received by FDA within 30
days from the date on FDA's response. The request for further Agency
review must be legible, in English, and submitted to the address found
on our website (https://www.fda.gov/tobacco-products/manufacturing/tobacco-user-fees).
Dated: February 20, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-03777 Filed 2-23-24; 8:45 am]
BILLING CODE 4164-01-P
