The standing roster is as follows:

Advance Notice and Public Comment Procedures

Section 4103 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 (Pub. L. 116-9, Title IV (Sportsmen's Access and Related Matters)), hereinafter “the Dingell Act,” requires the Forest Service to provide advance notice and opportunity for public comment before temporarily or permanently closing any National Forest System lands to hunting, fishing, or recreational shooting. Section 4103 of the Dingell Act applies to the proposed permanent order prohibiting recreational shooting in the Pole Mountain Area of the Laramie Ranger District in the Medicine Bow-Routt National Forests from March 31 to September 10. The public notice and comment process in section 4103(b)(2) of the Dingell Act requires the Forest Service to publish a notice of intent in the Federal Register of the proposed permanent order in advance of the public comment period for the proposed permanent order. This notice meets the requirement to publish a notice of intent in the Federal Register in advance of the public comment period.

Following the notice of intent, section 4103(b)(2) of the Dingell Act requires an opportunity for public comment on proposed temporary or permanent hunting, fishing, or recreational shooting orders. Because the proposed order would permanently prohibit recreational shooting in the Pole Mountain Area of the Laramie Ranger District of the Medicine Bow-Routt National Forests from March 31 to September 10, the public comment period must be at least 60 days. Beginning on April 12, 2023, the Forest Service will accept public comments on the proposed permanent order for 60 days. The notice of opportunity for public comment will be posted on the Medicine Bow-Routt National Forests and Thunder Basin National Grassland's web page at https://www.fs.usda.gov/alerts/mbr/alerts-notices.

Section 4103(b)(2) of the Dingell Act requires the Forest Service to respond to public comments received on the proposed permanent order before issuing a final permanent order, including an explanation of how any significant issues raised by the comments were resolved and, if applicable, how resolution of those issues affected the proposed permanent order or the justification for the proposed permanent order. The final permanent order, the justification for the final permanent order, and the response to comments on the proposed permanent order will be posted on the Medicine Bow-Routt National Forests and Thunder Basin National Grassland's web page at https://www.fs.usda.gov/alerts/mbr/alerts-notices.

The proposed permanent order would implement a requirement of the 2008 Allotment Management Plan Revisions for the Pole Mountain Grazing Allotments and Limiting Firearm Use Within the Pole Mountain Area Environmental Assessment (EA) and 2010 Decision Notice and Finding of No Significant Impact—Limiting Firearm Use Within the Pole Mountain Area. The proposed permanent order would prohibit discharging a firearm, air rifle, or gas gun in the Pole Mountain Area of the Laramie Ranger District of the Medicine Bow-Routt National Forests from March 31 to September 10 to address public safety and natural resource concerns. Land management plan direction does not limit recreational shooting in any other locations of the Medicine Bow-Routt National Forests.

The proposed permanent order and the justification for the proposed permanent order are posted on the Forest Service's Regulations and Policies web page at www.fs.usda.gov/about-agency/regulations-policies.

Section 4103 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 (Pub. L. 116-9, Title IV (Sportsmen's Access and Related Matters)), hereinafter “the Dingell Act,” requires the Forest Service to provide advance notice and opportunity for public comment before temporarily or permanently closing any National Forest System lands to hunting, fishing, or recreational shooting.

The final permanent seasonal order prohibiting prairie dog hunting annually from February 1 to August 15 in Management Area 3.67 of the Douglas Ranger District in the Thunder Basin National Grassland has completed the public notice and comment process required under the Dingell Act. The Forest Service is issuing the final permanent seasonal hunting order. The final permanent seasonal order, map, response to comments on the proposed permanent seasonal order, justification for the final permanent seasonal order, and regulatory certifications for the final permanent seasonal order are posted on the Medicine Bow-Routt National Forests and Thunder Basin National Grassland's web page at https://www.fs.usda.gov/alerts/mbr/alerts-notices .

I. Abstract

This collection is necessary under Sections 760 and 762.6(a) of the Export Administration Regulations (EAR). The five-year retention requirement corresponds with the statute of limitations for violations and is necessary to preserve potential evidence for investigations. All parties involved in the export, reexport, transshipment or diversion of items subject to the EAR and the U.S. party involved in the export transaction involving a reportable boycott request are required to maintain records of these activities for a period of five years. The frequency depends upon how often each entity is involved in an export transaction or one involving a reportable boycott request.

Paper or Electronic.

OMB Control Number: 0694-0096.

Form Number(s): None.

Type of Review: Extension of a current information collection.

Affected Public: Business or other for-profit organizations.

Estimated Number of Respondents: 100,000.

Estimated Time per Response: 1 to 60 seconds.

Estimated Total Annual Burden Hours: 258.

Estimated Total Annual Cost to Public: 0.

Respondent's Obligation: Voluntary.

Legal Authority: 760 and 762.6(a) of the Export Administration Regulations (EAR).

We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

Background

On December 8, 2011, Commerce published the CVD order on MLWF from China. 1 On November 1, 2022, Commerce initiated the second sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218(c). 2 Commerce received a notice of intent to participate in the review on behalf of the American Manufacturers of Multilayered Wood Flooring (AMMWF), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i). 3 AMMWF's members include AHF Product, LLC, Cahaba Veneer, Mohawk Industries, Inc., and Mullican Flooring, L.P. AMMWF claimed interested party status under section 771(9)(F) of the Act, as an association comprised of domestic producers of the domestic like product.

Commerce received an adequate substantive response from AMMWF within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 4 Commerce did not receive a substantive response from the Government of China or any other respondent interested party to the proceeding, and no hearing was requested.

On January 25, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties. 5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order.

The products covered by this order are certain multilayered wood flooring which are composed of an assembly of two or more layers or plies of wood veneer(s)  6 in combination with a core. For a full description of the scope, see the Issues and Decision Memorandum. 7

All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.

Pursuant to sections 751(c)(1) and 752(b)(1) of the Act, we determine that revocation of the CVD order on MLWF from China would be likely to lead to continuation or recurrence of countervailable subsidies at the rates listed below:

This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction.

Commerce is issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

Background

On January 4, 2018, Commerce issued the AD order on hardwood plywood from China. 1 On December 1, 2022, Commerce published the Notice of Initiation of the first sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). 2 On December 13, 2022, Commerce received a notice of intent to participate from the Coalition for Fair Trade in Hardwood Plywood, 3 a coalition of domestic producers of hardwood plywood products and the petitioner in the underlying investigation, within the deadline specified in 19 CFR 351.218(d)(1)(i). 4 The petitioner claimed domestic interested party status under section 771(9)(F) of the Act and 19 CFR 351.102(b)(29)(viii), as an association whose members are manufacturers of the domestic like product in the United States. 5 On January 3, 2023, the petitioner filed its timely substantive response within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 6 Commerce received no substantive responses from any other interested parties with respect to the Order, nor was a hearing requested. Commerce received comments on the adequacy of responses only from the domestic interested party in this sunset review. 7 On January 25, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties in this sunset review. 8 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of the Order .

The merchandise subject to this Order is hardwood and decorative plywood, and certain veneered panels as described below. For purposes of this proceeding, hardwood and decorative plywood is defined as a generally flat, multilayered plywood or other veneered panel, consisting of two or more layers or plies of wood veneers and a core, with the face and/or back veneer made of non-coniferous wood (hardwood) or bamboo. The veneers, along with the core may be glued or otherwise bonded together. Hardwood and decorative plywood may include products that meet the American National Standard for Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any revisions to that standard). A full description of the scope of the Order is contained in the Issues and Decision Memorandum. 9

All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order were revoked. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the margins of dumping likely to prevail would be weighted-average margins of up to 183.36 percent.

This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely notification of the destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

Background

On April 27, 2021, Commerce published the antidumping duty order on acetone from Belgium, the Republic of South Africa, and the Republic of Korea (Korea). 1 In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce is conducting an administrative review of the Order. On May 13, 2022, in accordance with 19 CFR 251.221(c)(1)(i), we initiated the administrative review of the Order covering KBP and LG Chem. 2 For a complete description of the events between the initiation of this review and these preliminary results, see the Preliminary Decision Memorandum. 3

Background

On May 9, 2017, Commerce published the AD and CVD orders on ammonium sulfate from China. 1 On February 1, 2022, Commerce published the notice of initiation of the first sunset reviews of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). 2 As a result of its reviews, Commerce determined that revocation of the AD order would likely lead to the continuation or recurrence of dumping and that revocation of the CVD order would likely lead to the continuation or recurrence of countervailable subsidies. 3 Therefore, Commerce notified the ITC of the magnitude of the dumping margins and net countervailable subsidy rates likely to prevail should the Orders be revoked, pursuant to sections 752(b) and (c) of the Act. On February 14, 2023, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 4

The merchandise covered by the Orders is ammonium sulfate in all physical forms, with or without additives such as anti-caking agents. Ammonium sulfate, which may also be spelled as ammonium sulphate, has the chemical formula (NH 4 ) 2 SO 4 .

The scope includes ammonium sulfate that is combined with other products, including by, for example, blending ( i.e., mixing granules of ammonium sulfate with granules of one or more other products), compounding ( i.e., when ammonium sulfate is compacted with one or more other products under high pressure), or granulating (incorporating multiple products into granules through, e.g., a slurry process). For such combined products, only the ammonium sulfate component is covered by the scope of the Orders .

Ammonium sulfate that has been combined with other products is included within the scope regardless of whether the combining occurs in countries other than China.

Ammonium sulfate that is otherwise subject to the Orders is not excluded when commingled ( i.e., mixed or combined) with ammonium sulfate from sources not subject to the Orders . Only the subject component of such commingled products is covered by the scope of the Orders .

The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783-20-2.

The merchandise covered by the Order s is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the Orders is dispositive.

As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to the continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders . U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise.

The effective date of continuation of these Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation.

This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

Background

On May 9, 2022, Commerce initiated this administrative review of the countervailing duty order on OTR tires from India. 1 The mandatory company respondents are ATC Tires Private Limited (ATC) and Balkrishna Industries Ltd. (BKT). On November 21, 2022, Commerce extended the time limit for these preliminary results to March 31, 2023. 2

For a complete description of the events that followed the initiation of the review, see the Preliminary Decision Memorandum. 3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

The merchandise covered by the order is OTR tires. OTR tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type or tubeless, radial, or non-radial, regardless of whether for original equipment manufacturers or the replacement market. For a complete description of the scope of this order, see the Preliminary Decision Memorandum.

Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs preliminarily found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution from an authority that gives rise to a benefit to the recipient and that the subsidy is specific. 4 For a full description of the methodology underlying Commerce's preliminary conclusions, see the Preliminary Decision Memorandum.

The Act and Commerce's regulations do not directly address the subsidy rate to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 777A(e)(2) of the Act provides that “the individual countervailable subsidy rates determined under subparagraph (A) shall be used to determine the all-others rate under section 705(c)(5) {of the Act}.” Section 705(c)(5)(A) of the Act states that for companies not investigated, in general, we will determine an all-others rate by weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based solely on the facts available.

Accordingly, to determine the rate for companies not selected for individual examination, Commerce's practice is to weight average the net subsidy rates for the selected mandatory respondents, excluding rates that are zero, de minimis, or based entirely on facts available. 5 We preliminarily determine that ATC and BKT received countervailable subsidies that are above de minimis and are not based entirely on facts available. Therefore, we preliminarily determine to apply the weighted average of the net subsidy rates calculated for ATC and BKT using publicly ranged sales data submitted by those respondents to the non-selected companies. 6 The companies for which a review was requested, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent, are listed in Appendix II.

Commerce preliminarily determines the net countervailable subsidy rates exist for the period January 1, 2021, through December 31, 2021:

In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily assigned a subsidy rate in the amount for the producer/exporter shown above. Upon completion of the administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).

Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits in the amounts indicated for the producer/exporter listed above with regard to shipments of subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailable duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

Commerce intends to disclose its calculations and analysis performed in reaching the preliminary results within five days of publication of these preliminary results, in accordance with 19 CFR 351.224(b).

Case briefs or other written documents may be submitted to the Assistant Secretary for Enforcement and Compliance. 8 A timeline for the submission of case and rebuttal briefs and written comments will be provided to interested parties at a later date.

Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to submit case or rebuttal briefs in this review are requested to submit for each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All briefs must be filed electronically using ACCESS. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice. 9

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must do so within 30 days after the date of publication of this notice by submitting a written request to the Assistant Secretary for Enforcement and Compliance. 10 Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether a participant is a foreign national; and (3) a list of the issues to be discussed. If a hearing request is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, which will include the results of Commerce's analysis of the issues raised in the case briefs, within 120 days after the date of the preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

Background

On May 21, 2018, Commerce published in the Federal Register the CVD order on wire rod from Turkey. 1 On December 1, 2022, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). 2 On December 14, 2022, Commerce received a timely-filed notice of intent to participate from Charter Steel, Commercial Metals Company, Liberty Steel USA, Nucor Corporation, and Optimus Steel LLC (collectively, the domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i). 3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as producers of the domestic like product in the United States.

On December 30, 2022, Commerce received an adequate substantive response to the Initiation Notice from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 4 We received no substantive responses from any other interested parties, including the Government of Turkey, nor was a hearing requested. On January 25, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties. 5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), Commerce conducted an expedited (120-day) sunset review of the Order.

The merchandise covered by this Order is certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross-sectional diameter. For a full description of the scope, see the Issues and Decision Memorandum. 6

All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum. 7 A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of countervailable subsidies at the rates listed below.

This notice serves as the only reminder to interested parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

Background

On September 20, 2016, Commerce published in the Federal Register the antidumping duty order on cold-rolled steel from Korea. 1 On October 7, 2022, Commerce published the Preliminary Results of this administrative review in the Federal Register . 2 This administrative review covers four producers and/or exporters of the subject merchandise. 3 Commerce selected Hyundai and POSCO/PIC (collectively, POSCO/PIC)  4 for individual examination. 5 On January 18, 2023, we extended the deadline for these final results to no later than April 5, 2023. 6 During November 2022 and January 2023, Commerce conducted on-site sales verifications of the questionnaire responses submitted by Hyundai and POSCO/PIC. 7 Following the verifications, Commerce invited interested parties to submit case and rebuttal briefs. 8 We received no comments from interested parties. Accordingly, no decision memorandum accompanies this Federal Register notice. Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).

The merchandise covered by the Order is cold-rolled steel. For a complete description of the scope of the Order, see Appendix.

Pursuant to 782(i)(3) of the Act and 19 CFR 351.307(b)(1)(v), we conducted verification of the questionnaire responses submitted by Hyundai and POSCO/PIC. 9

Based on a review of the record, including the results of verification, Commerce made certain changes to the preliminary weighted-average dumping margin calculation for POSCO/PIC. For detailed information, see POSCO/PIC's Final Analysis Memorandum. 10

The Act and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.”

For these final results, we have calculated weighted-average dumping margins for Hyundai and POSCO/PIC that are zero or de minimis, and we have not calculated any margins which are not zero, de minimis, or determined entirely on the basis of facts available. Therefore, consistent with our practice, we are applying to Dongbu, the company not selected for individual examination in this review, a margin of zero percent. 11

For these final results, we determine that the following weighted-average dumping margins exist for the period September 1, 2020, through August 31, 2021:

Commerce intends to disclose the calculations performed for POSCO/PIC for these final results to parties in this proceeding within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b). Because we have made no changes from the Preliminary Results to the weighted-average dumping margin calculation for Hyundai, there are no calculations to disclose for the final results.

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Because we calculated weighted-average dumping margins for Hyundai and POSCO/PIC which are zero or de minimis in the final results of this review, we intend to instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For Dongbu, the company that was not selected for individual examination in this review, we will instruct CBP to liquidate entries at the rate established in these final results of review ( i.e., to liquidate entries without regard to antidumping duties).

For entries of subject merchandise during the POR produced by the above-referenced respondents for which they did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate in the less-than-fair-value investigation if there is no rate for the intermediate company(ies) involved in the transaction. 13

Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication). The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future cash deposits of estimated antidumping duties, where applicable.

The following cash deposit requirements will be effective upon publication in the Federal Register of these final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for companies subject to this review will be equal to the zero margin established in the final results of this administrative review; (2) for merchandise exported by a company not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, then the cash deposit rate will be the rate established in the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 20.33 percent, the all-others rate established in the less-than-fair-value investigation. 14 These cash deposit requirements, when imposed, shall remain in effect until further notice.

This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

Background

On January 4, 2018, Commerce published the CVD orders on biodiesel from Argentina and Indonesia. 1 On March 1, 2022, Commerce published the notice of initiation of the first sunset reviews of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). 2 Commerce received a timely notice of intent to participate from Clean Fuels Alliance Fair Trade Coalition  3 (Coalition) (the domestic interested party) within the deadline specified in 19 CFR 351.218(d)(1)(i). 4 The domestic interested party claimed interested party status under section 771(9)(F) of the Act, as an association, a majority of whose members are manufacturers, producers, or wholesalers of a domestic like product in the United States.

Commerce received a substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 5 Commerce received no substantive response from any other interested parties in these proceedings. On January 25, 2023, Commerce notified the U.S. International Trade Commission that it did not receive adequate substantive responses from any respondent interested party in these proceedings. 6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce determined that the respondent interested party did not provide an adequate response to the notice of initiation and, therefore, Commerce conducted an expedited (120-day) sunset review of the Orders.

The product covered by the Orders is biodiesel from Argentina and Indonesia. For a complete description of the scope of the Orders, see the Issues and Decision Memoranda. 7

All issues raised in these sunset reviews are addressed in the Issues and Decision Memoranda. A list of topics discussed in each Issues and Decision Memoranda is included as the appendix to this notice. The Issues and Decision Memoranda are public documents and are on file electronically via the Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, complete versions of the Issues and Decision Memoranda can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the CVD order on biodiesel from Argentina would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates:

Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the CVD order on biodiesel from Indonesia would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates:

This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

Commerce is issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2).

In accordance with Section 315 of the Coastal Zone Management Act of 1972, as amended, and its implementing regulations (15 CFR part 921), and the National Environmental Policy Act of 1969, as amended, and its implementing regulations (40 CFR part 1500), NOAA and the State intend to prepare a DEIS for the proposed Atchafalaya NERR. Early in the development of the DEIS, NOAA and the State are required to hold a scoping meeting to solicit public and government comments on significant issues related to this proposed action. (15 CFR 921.13(c)).

NOAA received the State's nomination of the proposed site on June 29, 2022. NOAA evaluated the nomination package and found that the proposed site met the NERR System requirements. NOAA informed the State on March 22, 2023 that it was accepting the nomination and that the next step would be to prepare a DEIS and DMP. The DEIS will assess the potential impact of designating the State's recommended site as a National Estuarine Research Reserve site, and identify boundary alternatives. The DMP will set a course for operating the Atchafalaya NERR if approved and will include plans for administration, research, education, and facilities of the proposed site. ( See 15 CFR 921.13.)

The proposed site consists of the following State-owned properties: Lake Fausse Pointe State Park, Attakapas Island Wildlife Management Area, Atchafalaya Delta Wildlife Management Area, and Marsh Island Wildlife Refuge; public trust waters including portions of the Atchafalaya River, Atchafalaya Bay, East and West Cote Blanche Bays, and Vermilion Bay.

The proposed site resulted from a comprehensive evaluation process that sought the views of the public, affected landowners, and other interested parties. The state held informal, widely-publicized town hall meetings statewide in February 2022 to describe the NERR system, explain the rationale for establishing a reserve in Louisiana, and outline a process for selecting and nominating a site to NOAA. The state assembled a Site Development Committee composed of State agency representatives, academia, non-governmental organizations, members of the public, and federal agencies. The team conducted preliminary screening, detailed screening, and scoring of potential sites that led to the preferred site. The State and NOAA held public hearings on November 2 and 3, 2022 to solicit comments on the proposed site. For more detailed information on the site selection process and the proposed site, see the Louisiana Coastal Protection and Restoration Authority's NERR website: https://coastal.la.gov/our-work/key-initiatives/atchafalaya-national-estuarine-research-reserve/ .

Authority: 16 U.S.C. 1461.

Background

The Marine Mammal Protection Act (MMPA) prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq. ) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, an incidental harassment authorization is issued.

Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to here as “mitigation measures”). Monitoring and reporting of such takings are also required. The meaning of key terms such as “take,” “harassment,” and “negligible impact” can be found in section 3 of the MMPA (16 U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.

NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) indicate that IHAs may be renewed for additional periods of time not to exceed 1 year for each reauthorization. In the notice of proposed IHA for the initial authorization, NMFS described the circumstances under which we would consider issuing a renewal for this activity, and requested public comment on a potential renewal under those circumstances. Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year renewal IHA following notice to the public providing an additional 15 days for public comments when (1) up to another year of identical, or nearly identical, activities as described in the Detailed Description of Specified Activities section of the initial IHA issuance notice is planned or (2) the activities as described in the Description of the Specified Activities and Anticipated Impacts section of the initial IHA issuance notice would not be completed by the time the initial IHA expires and a renewal would allow for completion of the activities beyond that described in the DATES section of the notice of issuance of the initial IHA, provided all of the following conditions are met:

1. A request for renewal is received no later than 60 days prior to the needed renewal IHA effective date (recognizing that the renewal IHA expiration date cannot extend beyond 1 year from expiration of the initial IHA).

2. The request for renewal must include the following:

• An explanation that the activities to be conducted under the requested renewal IHA are identical to the activities analyzed under the initial IHA, are a subset of the activities, or include changes so minor ( e.g., reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with the exception of reducing the type or amount of take).

• A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized.

3. Upon review of the request for renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings in the initial IHA remain valid.

An additional public comment period of 15 days (for a total of 45 days), with direct notice by email, phone, or postal service to commenters on the initial IHA, is provided to allow for any additional comments on the proposed renewal. A description of the renewal process may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals .

On March 15, 2022, NMFS issued an IHA to the United States Navy (Navy) to take marine mammals incidental to the replacement of Pier 3 at Naval Station Norfolk in Norfolk, Virginia (87 FR 15945), effective from April 1, 2022 through March 31, 2023. On July 29, 2022, NMFS received a request from the Navy for a modification to the Pier 3 replacement project IHA due to a change in the construction contractor's plan to include concurrent pile driving and drilling activities, and a modified IHA was issued to the Navy on January 18, 2023 (88 FR 2880). Hereafter, any references to the initial IHA (as modified) refer to the modified IHA issued on January 18, 2023, while the 2022 IHA will be referred to as the 2022 initial IHA. On February 23, 2023, NMFS received a request for the renewal of the initial IHA (as modified). After discussion with the Navy, NMFS received a final revised request to renew the initial IHA (as modified) on March 7, 2023. As described in that request, the activities for which incidental take is authorized consist of a subset of the identical activities covered in the initial authorization (as modified). As required, the applicant also provided a preliminary monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia ) which confirms that the applicant has implemented the required mitigation and monitoring, and which also shows that no impacts of a scale or nature not previously analyzed or authorized have occurred as a result of the activities conducted. There are no changes from the proposed authorization to the final authorization.

The Navy is replacing Pier 3 at Naval Station (NAVSTA) Norfolk in Norfolk, VA. The existing Pier 3 is being demolished and a new Pier 3 will be constructed immediately north of the existing location (see Figure 1 in the Federal Register notice for the proposed 2022 initial IHA; 87 FR 3976, January 26, 2022). Work at Pier 4, Pier 3T, and the bulkheads associated with Pier 3 and 3T is necessary to support the Pier 3 replacement. Pier 3 has been in a deteriorated state and does not provide minimum operation requirements for NAVSTA Norfolk. In-water work associated with Pier 4, including timber pile removal and concrete pile installation, has been completed under the 2022 initial IHA. In addition, concrete pile removal at Pier 3T will be completed by the expiration of the initial IHA. However, in-water work associated with construction of the CEP-176 and CEP-175 bulkheads, the CEP-102 bulkhead and relieving platform, and the new Pier 3, as well as installation of piles necessary for Pier 3T, will not be completed by the expiration date of the initial IHA (as modified). During the renewal period, the activities that will occur are the same as previously analyzed under the initial IHA (as modified). These activities include the installation of 42-inch (1.07 meters (m)) steel pipe piles, 28-inch (0.71 m) steel sheet piles, 13-inch (0.33 m) polymeric piles, and 24-inch (0.61 m) precast concrete piles. Pre-drilling may be used to set the piles to depth. The remaining in-water construction associated with these activities is planned to occur from April 1, 2023 through June 30, 2023.

Under the 2022 initial IHA, Level A and Level B harassment resulting from pile driving and drilling activities was authorized for harbor seals ( Phoca vitulina ), gray seals ( Halichoerus grypus ), and harbor porpoises ( Phocoena phocoena ). Level B harassment only resulting from pile driving and drilling activities was authorized for bottlenose dolphins ( Tursiops truncatus ) and humpback whales ( Megaptera novaeangliae ). Neither the Navy nor NMFS expects serious injury or mortality to result from this activity and, therefore, a renewal IHA is appropriate.

The following documents are referenced in this notification and include important supporting information:

• 2023 final initial IHA (as modified) (88 FR 2880, January 18, 2023);

• 2023 proposed initial IHA (as modified) (87 FR 75600, December 9, 2022);

• 2022 final initial IHA (87 FR 15945, March 21, 2022); and

• 2022 proposed initial IHA (87 FR 3976, January 26, 2022).

The 2022 initial IHA application, IHA modification request, 2022 initial IHA, initial IHA (as modified), and references are available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia.

A detailed description of the construction activities may be found in the Federal Register notice associated with the issuance of the 2022 initial IHA (87 FR 3976, January 26, 2022). A description of the concurrent pile driving activities associated with the initial IHA (as modified) may be found in the Federal Register notice of issuance of the initial IHA (as modified) (88 FR 2880, January 18, 2023). The location, timing, and nature of the activities, including the types of equipment planned for use, are identical to those described in the previous notices.

At the time of the renewal request, the following individual activities have been completed for the following structures:

Vibratory removal of 36 14-inch timber piles; and

Pre-drilling and impact installation of 36 24-inch precast concrete square piles.

Vibratory removal of 87 14-inch timber piles; and

Vibratory removal of 196 18-inch precast concrete square piles.

At the time of the renewal request, the following concurrent activities have been completed for the following structures:

Vibratory removal of 14-inch timber and 18-inch concrete piles and impact installation of 24-inch concrete piles; and

Vibratory removal of 14-inch timber and 18-inch concrete piles and rotary drill of 24-inch concrete piles, with 90 concrete piles remaining as noted about for Pier 3T.

Vibratory removal of 14-inch timber and 18-inch concrete piles and impact installation of 24-inch concrete piles, with four concrete piles remaining to be installed.

A detailed description of the planned in-water individual activities and concurrent activities is provided in the Federal Register notice for the proposed renewal IHA (88 FR 15675, March 14, 2023). Since that time, no changes have been made to the planned in-water construction activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activities.

A description of the marine mammals in the area of the activities for which take is authorized, including information on abundance, status, distribution, and hearing, may be found in the notice of the proposed IHA for the initial authorization (87 FR 3976, January 26, 2022). NMFS has reviewed the monitoring data from the initial IHA (as modified), recent draft Stock Assessment Reports, information on relevant Unusual Mortality Events, and other scientific literature, and determined that neither this nor any other new information affects which species or stocks have the potential to be affected or the pertinent information in the Description of the Marine Mammals in the Area of Specified Activities contained in the supporting documents for the 2022 initial IHA. The only changes indicated in the draft 2022 SARs are that the Potential Biological Removal value for the gray seal Western North Atlantic stock increased from 1,389 to 1,458, annual mortality and serious injury of the harbor porpoise Gulf of Maine/Bay of Fundy stock decreased from 217 to 164, and humpback whale Gulf of Maine stock is no longer considered a strategic stock.

A description of the potential effects of the specified activity on marine mammals and their habitat for the activities for which take is authorized may be found in the notices of the proposed IHA for the 2022 initial authorization. NMFS has reviewed the monitoring data from the initial IHA (as modified), recent draft Stock Assessment Reports, information on relevant Unusual Mortality Events, and other scientific literature, and determined that neither this nor any other new information affects our initial analysis of impacts on marine mammals and their habitat.

A detailed description of the methods and inputs used to estimate take for the specified individual activity are found in the notices of the proposed and final IHAs for the initial authorization (87 FR 3976, January 26, 2022; 87 FR 15945, March 21, 2022) and for the specified concurrent activities, in the notices of the proposed and final initial IHAs (as modified) (87 FR 75600, December 9, 2022; 88 FR 2880, January 18, 2023). Activities authorized under the renewal IHA are subject to the same sound propagation boundaries as those analyzed for the 2022 initial IHA and initial IHA (as modified). The analysis of sound source level and sound pressure level (SPL) propagation provided in the 2022 initial IHA and initial IHA (as modified) remain applicable to the activities covered in this renewal IHA. Marine mammal density/occurrence data applicable to this authorization remain unchanged from the 2022 initial IHA.

Similarly, the stocks taken, methods of take, and types of take remain unchanged from the previously issued initial IHA. The take calculation method also remains the same, with the exception of fewer days of activity than what was described in the initial IHA. The approximate total number of operational days for this renewal IHA is 90 days as compared to the 280 days required for the project under the initial IHA. The number of takes authorized through the renewal IHA are indicated below in Table 1.

The total take number for bottlenose dolphins was estimated using inshore seasonal densities provided in Engelhaupt et al. (2016) from vessel line-transect surveys near NAVSTA Norfolk and adjacent areas near Virginia Beach, Virginia from August 2012 through August 2015. This density includes sightings inshore of the Chesapeake Bay from NAVSTA Norfolk west to the Thimble Shoals Bridge, and is the most representative density for the project area. NMFS multiplied the density of 1.38 dolphins per square kilometer by the Level B harassment zone area for each activity for the project, and then by the number of days associated with that activity (see Table 1). The Level B harassment zones increased as a result of concurrent pile driving activities; therefore, calculated Level B harassment exposure estimates also increased as a result. As described in the notice of the initial proposed and issued IHA, there is insufficient information on relative abundance to apportion the takes precisely to each of the three stocks in the area. Therefore, the same approach as used in previous projects ( e.g., Hampton Roads Bridge Tunnel project (86 FR 17458, April 2, 2021), and the U.S. Navy Norfolk Maintenance Rule (86 FR 24340, May 6, 2021)) was used to estimate the appointment of takes to each of the three bottlenose dolphin stocks that may be present in the area. Given that most of the Northern North Carolina Estuarine Stock (NNCES) are found in the Pamlico Sound Estuary, over 160 kilometers from Norfolk, we conservatively estimated that no more than 200 of the authorized takes will be from this stock. Since members of the northern migratory coastal and southern migratory coastal stocks are thought to occur in or near the Bay in greater numbers, we conservatively assume that no more than half of the remaining takes will accrue to either of these stocks. Additionally, a subset of these takes would likely be comprised of the Chesapeake Bay resident dolphins, although the size of that population is unknown.

Based upon the methodology for estimating take for the initial IHA (as modified) (88 FR 2880, January 18, 2023), the Navy calculated potential exposure to Level A harassment for gray seals by assuming 20 percent of potential take events would be by Level A harassment. As only one take is estimated to occur under the renewal IHA, we assume that individual take will be by Level B harassment only. Therefore, the Navy did not request, and NMFS has not authorized, take by Level A harassment for gray seals.

The total taking by Level B harassment of all species is predicted to be the same or lower with concurrent activity scenarios due to a lower number of construction days for concurrent activities; therefore, the authorized take from individual activities represents the most conservative take estimate.

The mitigation, monitoring, and reporting measures included as requirements in this authorization are identical to those included in the FR notice announcing the issuance of the 2022 initial IHA (87 FR 15945, March 21, 2022) for individual activities and the FR notice announcing the issuance of the initial IHA (as modified) (88 FR 2880, January 18, 2023) for concurrent activities, and the discussion of the least practicable adverse impact included in that document remains accurate. The same measures are included for this renewal and are summarized here:

• The Navy must implement shutdown zones for all pile driving and removal and drilling activities. Shutdown zones would vary based upon the activity type and marine mammal hearing group, as shown in Table 2 for individual activities and Table 3 for concurrent activities. The Navy must shut down if any marine mammals come within hearing group-specific shutdown zones;

• The Navy must implement impact pile driving soft-starts at the beginning of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or more. To implement soft-start, contractors will be required to provide an initial set of three strikes from the hammer at reduced energy, followed by a 30-second waiting period, then two subsequent reduced energy strike sets;

• Protected Species Observers (PSOs) must monitor the entirety of all shutdown zones as well as Level B harassment zones to the extent practicable during all pile driving and removal and drilling activities. Monitoring must be conducted by a minimum of two PSOs for impact driving, and a minimum of three PSOs for vibratory and drilling activities;

• Pre-activity monitoring must begin prior to the start of daily in-water construction activities or whenever a break in pile driving/removal of 30 minutes or longer occurs. Pre-activity and post-activity monitoring must take place for a period of 30 minutes prior to beginning construction activities and after construction activities are complete for the day;

• Acoustic monitoring shall include two underwater positions as well as be conducted in accordance with NMFS guidance for 10 percent of each type of activity that has not previously been monitored at NAVSTA Norfolk (see Table 4);

• The Navy must submit draft marine mammal and acoustic monitoring reports to NMFS within 90 days after the completion of pile driving and removal and drilling activities under the renewal IHA;

• The Navy must prepare and submit final monitoring reports within 30 days following resolution of comments on the draft reports from NMFS;

• The Navy must submit all PSO datasheets and/or raw sighting data (in a separate file from the Final Report referenced immediately above); and

• The Navy must report injured or dead marine mammals.

A notice of NMFS' proposal to issue a renewal IHA to the U.S. Navy was published in the Federal Register on March 14, 2023 (88 FR 15675). That notice either described, or referenced descriptions of, the U.S. Navy's activity, the marine mammal species that may be affected by the activity, the anticipated effects on marine mammals and their habitat, estimated amount and manner of take, and proposed mitigation, monitoring, and reporting measures. NMFS received one comment letter from a private citizen that was not relevant to the scope of the proposed action. No other comments were received.

The renewal request consists of a subset of activities analyzed through the initial IHA and initial IHA (as modified) described above. The methods of determining estimated take, potential effects, and required mitigation, monitoring, and reporting have not changed.

NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival (50 CFR 216.103). In analyzing the effects of the activities for the initial IHA, NMFS determined that the Navy's activities would have a negligible impact on the affected species or stocks and that authorized take numbers of each species or stock were small relative to the relevant stocks ( e.g., less than one-third the abundance of all stocks).

NMFS has concluded that there is no new information suggesting that our analysis or findings should change from those reached for the initial IHA (as modified). Based on the information and analysis contained here and in the referenced documents, NMFS has determined the following: (1) the required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (2) the authorized takes will have a negligible impact on the affected marine mammal species or stocks; (3) the authorized takes represent small numbers of marine mammals relative to the affected stock abundances; (4) the Navy's activities will not have an unmitigable adverse impact on taking for subsistence purposes as no relevant subsistence uses of marine mammals are implicated by this action, and; (5) appropriate monitoring and reporting requirements are included.

To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq. ) and NOAA Administrative Order (NAO) 216-6A, NMFS must review our proposed action ( i.e., the issuance of an IHA renewal) with respect to potential impacts on the human environment.

This action is consistent with categories of activities identified in Categorical Exclusion B4 (incidental take authorizations with no anticipated serious injury or mortality) of the Companion Manual for NOAA Administrative Order 216-6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS determined that the issuance of the initial IHA qualified to be categorically excluded from further NEPA review. NMFS has determined that the application of this categorical exclusion remains appropriate for this renewal IHA.

Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq. ) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species.

No incidental take of ESA-listed species is authorized or expected to result from this activity. Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action.

NMFS has issued a renewal IHA to the Navy for the take of marine mammals incidental to pile driving and drilling activities at NAVSTA Norfolk in Norfolk, VA, effective through March 31, 2024.

In May 2009, the USPTO implemented the e-Office Action program as an option for all users of the Private PAIR system. See Electronic Office Action, 1343 Off. Gaz. Pat. Office 45 (June 2, 2009). Under the Private PAIR e-Office Action program, the USPTO emails applicants notifications of Office communications retrievable through Private PAIR, rather than mailing the communications through the United States Postal Service (USPS), with a few exceptions. Participants in the Private PAIR e-Office Action program are also sent a courtesy postcard through the USPS as a reminder when none of the new Office communications listed in the email notification have been viewed or downloaded within seven calendar days after the date of the email notification and at least one of the listed Office communications requires the applicant's reply.

On August 1, 2022, the USPTO replaced the public view of the PAIR system (Public PAIR) with Patent Center, which offers a single interface for electronic filing and the management of patent applications. Patent Center, once fully developed, will replace EFS-Web and the Private PAIR system. Upon publication of this notice, the USPTO will begin migrating participants in the Private PAIR e-Office Action program to the Patent Center e-Office Action program by Customer Number to modernize the e-Office Action process and continue streamlining its service and delivery processes. Current Private PAIR participants will not be required to make any changes to their Customer Number to participate in the Patent Center program.

Under the Patent Center e-Office Action program, Patent Center will send an improved, easier-to-read email notification listing retrievable Office communications to participating users. Those users may view and download the listed Office communications in Patent Center. Users will also be sent a courtesy postcard through the USPS when none of the Office communications listed in the email notification have been viewed or downloaded in Patent Center within seven calendar days after the date of the notification and at least one of the listed Office communications requires the applicant's reply.

In addition to Patent Center's enhanced user interface experience, Patent Center e-Office Action program participants may choose to receive e-postcards. Once a participant elects to receive e-postcards, the USPTO will no longer mail courtesy postcards through the USPS if none of the Office communications have been viewed or downloaded in Patent Center within seven calendar days after the date of the email notification and at least one of the Office communications requires an applicant's reply. Instead, the USPTO will send a courtesy e-postcard, as discussed in item 5 below.

The USPTO will endeavor to migrate all participants from the Private PAIR e-Office Action program to the Patent Center e-Office Action program expeditiously. The transition is expected to be complete approximately four weeks from the publication of this notice. Participation in the Patent Center e-Office Action program will be optional. Participants may withdraw by following the procedure set forth in item 7 of this notice.

The following enumerated paragraphs revise the guidance for the Private PAIR program to incorporate the technical modifications arising from the implementation of the Patent Center e-Office Action program, as well as the new e-postcard option. The USPTO seeks comments on eliminating the postal postcard default option and will evaluate whether maintaining a postal postcard is necessary based on feedback from the public. The USPTO will provide advance notice of the changes to the Patent Center e-Office Action program detailed in this notice.

Any registered attorney or agent of record, or a named inventor acting pro se, in a patent application that is associated with a Customer Number is eligible to participate in the Patent Center e-Office Action program by accessing Patent Center. To access Patent Center, the participant must have a registered MyUSPTO account linked to the participant's Customer Number. For information on the creation of a MyUSPTO account and the method for accessing Patent Center, please contact the Patent EBC.

To register for the Patent Center e-Office Action program and receive email notifications of subsequent Office communications, Patent Center users must:

a. log in to Patent Center and select “Manage/Manage customer numbers”;

b. select the Customer Number to enroll;

c. select “Edit”;

d. select the “Receive correspondence notification via Email” option within the “Edit customer” screen; and

e. designate at least one email address to receive email notifications for Office communications issued in the applications associated with the Customer Number.

The user may designate up to three email addresses. After registration, Office communications entered by participating USPTO business units (see item 7 below) in each application associated with the Customer Number will be processed under the Patent Center e-Office Action program.

When one of the participating business units within the USPTO enters an Office communication in an application that is associated with a registered Customer Number, the USPTO will send an email notification to the designated email addresses. The email notification will contain the following information: (a) the date and time the USPTO sends the email notification, (b) the Customer Number, and (c) information regarding each new Office communication. The Office communication information will include: (i) the application number of the application in which the Office communication is entered; (ii) the document code associated with the Office communication; (iii) the mailroom/notification date indicated on the form PTOL-90, which accompanies the Office communication (generally, any time period for reply set forth in the Office communication will commence on the mailroom/notification date (see item 4 below)); and (iv) the attorney docket number.

The Office communication will be available and retrievable immediately through Patent Center. The USPTO will not mail a paper copy of the Office communication. Upon receipt of the email notification, the participant can download or view the new Office communication by logging in to Patent Center and using either: (a) the “Workbench/View correspondence” option, or (b) the “Application Search” option, and accessing the “Documents & Transactions” tab.

If the user has multiple applications associated with the Customer Number, a single consolidated email notification will be sent to the user, and it will list all the new Office communications entered on that day in the applications associated with the Customer Number. An abridged version of the email notification that contains only data pertinent to an individual application will be scanned into that application file as part of the official record. The abridged email notification scanned into the application file will not contain information regarding other applications.

The USPTO will send an email notification to the designated email addresses only when there is a new Office communication in the applications associated with the participant's Customer Number. If there are multiple new Office communications entered in the applications on the same day, the participant will receive a single email notification listing all the new Office communications. Therefore, participants will receive a single email notification per day for each Customer Number when there is a new Office communication.

Generally, any time period for reply set forth in the Office communication will commence on the mailroom/notification date indicated on the form PTOL-90 accompanying the Office communication. The mailroom/notification date is treated like the mailing date of a paper communication. More specifically, for Office actions under 35 U.S.C. 132(a), the mailroom/notification date is the date of the notice under 35 U.S.C. 133. See Electronic Office Action, 1343 Off. Gaz. Pat. Office at 46. The mailroom/notification date will also be considered the date of mailing of the correspondence for all other purposes ( e.g., 37 CFR 1.71(g)(2), 1.97(b), 1.701-1.705).

However, the 63-day time period set forth in 37 CFR 90.3 for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit, or for commencing a civil action, begins on the date of the decision of the Patent Trial and Appeal Board (PTAB). The time period is not measured from the mailroom/notification date. See also 35 U.S.C. 142. Participants may request extensions of time pursuant to 37 CFR 90.3(c).

Once the participant receives an email notification, the USPTO highly recommends that the participant log in to Patent Center to view the new Office communication as soon as possible to determine whether the communication requires a reply and when the reply is due.

The USPTO will send a courtesy postcard notifying the applicant if none of the Office communications listed in the email notification are viewed or downloaded through Patent Center within seven calendar days after the date of the email notification and at least one of the Office communications requires an applicant's reply. The courtesy postcard will be mailed through the USPS to the correspondence address associated with the Customer Number, unless the participant opts to receive courtesy e-postcards.

Patent Center e-Office Action participants may opt to receive courtesy e-postcards rather than courtesy postcards mailed through the USPS. To elect between receiving postal postcards and e-postcards for subsequent email notifications, a Patent Center participant must:

a. log in to Patent Center and select “Manage/Manage customer numbers”;

b. select the Customer Number to change the postcard notification method;

c. select “Edit”;

d. select “Receive postcard notification via Email” for the e-postcard option; or

e. select “Receive postcard notification via Postal mail” for the postal mail option within the “Edit customer” screen.

If a participant has elected to receive e-postcards, the USPTO will no longer mail a courtesy postcard through the USPS if none of the Office communications have been viewed or downloaded in Patent Center within seven calendar days after the date of the email notification and at least one of the Office communications requires an applicant's reply. Courtesy e-postcards will be emailed to the same email addresses assigned to the Customer Number for the correspondence address.

The mailing or sending of a courtesy postcard will not restart any time period for reply. The time period for reply will continue to run from the mailroom/notification date indicated on the form PTOL-90 accompanying the Office communication.

The program includes provisional applications filed under 35 U.S.C. 111(b); nonprovisional applications filed under 35 U.S.C. 111(a) (including utility, plant, design, and reissue applications); and international applications that have entered the national stage under 35 U.S.C. 371. International applications that have not entered the national stage in the United States, reexamination proceedings, and PTAB trial proceedings are not included in the program.

Participants will receive email notifications for all Office communications prepared by the following participating business units:

a. Technology Centers (including the examining corps), which enter Office actions and notices, including notices of allowance;

b. The Office of Patent Application Processing, which enters application formality review notices, including notices to file missing parts;

c. The Office of Data Management (Pre-Grant Publications and Office of Publications), which enters notices of publication and issues patents;

d. The PTAB for ex parte appeals of rejections of claims in patent applications;

e. The Office of Petitions; and

f. The Office of Licensing and Review.

Since several areas of the Office have independent mailing processes, participants will continue to receive paper mailings for communications prepared by the non-participating business units, including (but not limited to):

a. The Patent Cooperation Treaty Operations Division, International Branch;

b. The PTAB for trial proceedings and reexamination proceedings;

c. The Central Reexamination Unit for ex parte reexamination and inter partes reexamination proceedings;

d. The Office of Enrollment and Discipline; and

e. The Office of the Solicitor.

Participants may opt out of the program at any time. To change back to paper delivery of any subsequent Office communications, Patent Center users must:

a. Log in to Patent Center and select the “Manage/Manage customer numbers” screen;

b. Select the Customer Number to opt out;

c. Select the “Edit” button; and

c. Select the “Receive correspondence via Postal mail” option on the “Edit customer” screen.

Any Office communications prepared after the withdrawal is recognized by the USPTO will be mailed to the correspondence address associated with the application. However, if the Office communication has been prepared before the withdrawal is recognized by the USPTO, the Office communication may be processed under the email notification procedure. This means that the USPTO may send an email notification for the communication rather than mailing a paper copy of the communication. Prior to the completion of the withdrawal process, participants may receive some Office communications on paper (those that were prepared after the withdrawal was recognized) and email notifications for those that were prepared before the withdrawal was recognized. Therefore, it is important for the participants to check their designated email addresses for email notifications and review the Office communications via Patent Center, even after withdrawing from the program. Furthermore, the participants may receive courtesy postcards in the previously elected mode (postal postcard or e-postcard) for any unviewed communication (that has a time period for reply) for which an email notification was sent.

Participants may change email addresses at any time. To change or add an email address, a participant must:

a. Log in to Patent Center and select “Manage/Manage Customer Number”;

b. Select the “Edit” button; and

c. Change or add the email address to receive email notifications for Office communications entered in the applications associated with the Customer Number. The participant may designate up to three email addresses. The Patent Center system will send a test email to each of the new email addresses associated with the Customer Number.

The participant should contact the Patent EBC if an Office communication is available in Patent Center but the participant did not receive an email notification for the Office communication. The USPTO will take appropriate corrective actions. For example, the USPTO will send the participant an email notification if an email notification was not previously sent to the designated email addresses. Any time period for reply (except for the 63-day time period under 37 CFR 90.3) set forth in the Office communication will be restarted when the USPTO sends the email notification. For more information on the time period for reply, see item 4 above.

However, if the USPTO did send an email notification to each of the email addresses designated by the user, the USPTO will not send a new email notification, and any time period for reply set forth in the Office communication will not be restarted. The time period for reply will continue to run from the original mailroom/notification date. Therefore, it is important for the user to designate the correct email addresses when signing up for the program.

The participant should contact the Patent EBC if an improper communication has been scanned into the application file, so that the USPTO can take appropriate corrective actions. For example, if the improper communication belongs to another application, the USPTO will move the communication to the correct application. The USPTO will send a new email notification when a proper communication is available and retrievable through Patent Center.

Please note that the document code corresponding to an Office communication identified on the email notification is informal (unofficial) information. If there is any discrepancy between the document code corresponding to an Office communication identified on the email notification and the document code corresponding to the image of the communication available through Patent Center, the document code corresponding to the image of the Office communication available through Patent Center is the official record. The USPTO will not send a new email notification for an incorrect document code on the email notification.

If an Office communication contains an error that affects an applicant's ability to reply to the Office communication and this error is called to the attention of the USPTO in writing within one month of the email date, the USPTO will follow the procedure set forth in section 710.06 of the Manual of Patent Examining Procedure (MPEP) (9th ed., rev. 7.2022, February 2023).

If the Office communication ( e.g., an application filing receipt or a notice of publication) does not require a reply from an applicant and it does not have a time period for reply, it is not necessary for the participant to contact the Office. However, if the Office communication requires a reply and it sets forth a time period for reply, the participant should call the Patent EBC within one month from the email date so the USPTO can reset the time period for reply (except for the 63-day period under 37 CFR 90.3) to the original email date. For more information on the time period for reply, see item 4 above.

For example, an email notification sent on October 6, 2022, could indicate that an Office action with a mailroom/notification date of October 3, 2022, has been entered in the application. The time period for reply set forth in the Office action commences on the mailroom/notification date (October 3, 2022). If the participant contacts the Patent EBC within one month from the email date (October 6, 2022), the USPTO will reset the time period for reply to commence on October 6, 2022.

The email notification will have the following language in the subject line: “USPTO: Patent Electronic System—Correspondence Notification for Customer Number xxx.,” where “xxx” will be the participant's Customer Number. The sender's address will be “ noreply@uspto.gov .” Any inquiries regarding the email notification should be directed to the Patent EBC. Participants should not reply to the “noreply” email address.

By registering for the Patent Center e-Office Action program, a participant is authorizing the USPTO to send email notifications of Office communications entered by the participating USPTO business units in the applications associated with the Customer Number. The Patent Center e-Office Action program does not, otherwise, change the policy for communications via the internet as set forth in section 502.03 of the MPEP.

The Patent Center e-Office Action program does not alter the USPTO's policy prohibiting an applicant or examiner from engaging in improper email correspondence. For example, the applicant may not send a reply to an Office action to the USPTO via email, and the examiner may not send an Office action to the applicant via email. See section 502.03 of the MPEP.

This modification updates the routine uses for this system, rescinding the inheritance of the Commission's “blanket routine uses” last published on March 14, 2001 at 76 FR 5973 and incorporates the routine uses that apply to the records maintained in CFTC-32. This modification updates and clarifies the Privacy Act exemptions promulgated for this system, and also makes conforming changes to align with format requirements in OMB Circular A-108, Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act.

Background information is not applicable since this is a new SORN.

The CFTC's advisory committees were created to provide input and make recommendations to the Commission on a variety of regulatory and market issues that affect the integrity and competitiveness of the United States (U.S.) derivatives markets. The committees facilitate communication between the Commission and U.S. derivatives markets, trading firms, market participants, and end users. The CFTC currently has five advisory committees. The Agricultural Advisory Committee, Global Markets Advisory Committee, Market Risk Advisory Committee, and the Technology Advisory Committee are discretionary committees under the Federal Advisory Committee Act (FACA), 5 U.S.C. 1001 et seq. The Energy and Environmental Markets Advisory Committee was established by the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, and subsequently codified in the Commodity Exchange Act, 7 U.S.C. 1 et seq., at 7 U.S.C. 2(a)(15), and is not subject to the FACA. The Commission also establishes and maintains subcommittees that report to advisory committees as needed. Advisory committee and subcommittee members are generally representatives, but depending on the issues to be addressed, the Commission will appoint special government employees (SGEs) and officials from other Federal agencies from time to time. The CFTC identifies candidates for advisory committee and subcommittee membership through a variety of methods, including public requests for nominations; recommendations from existing advisory committee members; consultations with knowledgeable persons outside the CFTC (industry, consumer groups, other state or Federal government agencies, academia, etc.); requests to be represented received from individuals and organizations; and Commissioners' and CFTC staff's professional knowledge of those experienced in the derivatives and other underlying commodities markets. The CFTC collects and maintains information on CFTC advisory committee and subcommittee applicants and members, and those who make recommendations for committee or subcommittee memberships, or otherwise interact with the CFTC regarding its advisory committees and subcommittees. The records are used for the administration of the CFTC's advisory committees and subcommittees.

The Department, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

Title of Collection: Request for Title IV Reimbursement or Heightened Cash Monitoring 2 (HCM2).

OMB Control Number: 1845-0089.

Type of Review: Extension without change of a currently approved ICR.

Respondents/Affected Public: Private Sector; State, Local, and Tribal Governments.

Total Estimated Number of Annual Responses: 564.

Total Estimated Number of Annual Burden Hours: 564.

Abstract: 34 CFR part 668—Student Assistance General Provisions, Subpart K—Cash Management (§ 668.162) establishes the rules and procedures for a participating institution to request, maintain, disburse, and manage the Title IV (TIV) program funds. Institutions must complete and submit a Form 270 to request TIV program funds while participating under the Reimbursement and Heightened Cash Monitoring payment methods as explained in § 668.162(c) and (d). We are requesting an extension of the currently approved information collection. There have been no changes to the information requested or the form since its prior approval in September 2020.

Full Text of Announcement I. Funding Opportunity Description

Purpose of Program: The purpose of the Disability Innovation Fund (DIF) Program, as provided by the Consolidated Appropriations Act, 2022 (Pub. L. 117-103), is to support innovative (as defined in this notice) activities aimed at increasing competitive integrated employment (CIE) as defined in section 7 of the Rehabilitation Act of 1973 (Rehabilitation Act) (29 U.S.C. 705(5)), 1 for youth and other individuals with disabilities.

For FFY 2023, the Department intends to fund multiple innovative model demonstration projects focused on the creation of systemic approaches to transition services for children and youth with disabilities (as defined in this notice). Ensuring that key agents of change and required partners (as defined in this notice)—State vocational rehabilitation agencies (SVRAs), State educational agencies (SEAs), local educational agencies (LEAs), and federally funded Centers for Independent Living (CILs)—are actively collaborating to support coordinated transition processes is critical to the success of children and youth with disabilities.

Priority: We are establishing this priority for the FFY 2023 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition, in accordance with section 437(d)(1) of the General Education Provision Act (GEPA), 20 U.S.C. 1232(d)(1).

Absolute Priority: For FFY 2023 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet the absolute priority.

The priority is:

Pathways to Partnerships Innovative Model Demonstration Project.

Background:

The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, as amended (Rehabilitation Act) both describe the Nation's goals for people with disabilities to include achieving: equality of opportunity, full inclusion and integration in society and employment, independent living, and economic self-sufficiency (42 U.S.C. 12101(a)(7); 29 U.S.C. 701(a)(6)). Securing an appropriate education, including transition services that lead to CIE, is one critical component that youth and adults with disabilities need to achieve the Nation's goals. As Congress found in the Rehabilitation Act, “there is a substantial need to support such students [with disabilities] as they transition from school to postsecondary life.” 29 U.S.C. 701(a)(7).

Over the past several decades, States have implemented numerous federally mandated changes to improve post-school outcomes for youth with disabilities (Gingerich & Crane, 2021). For example, the changes have included greater access to the general education curriculum, which has increased the number of students with disabilities who leave high school with a standard high school diploma, and pre-employment transition services, including transition planning within the individualized education program (IEP) process beginning at age 16 (or age 14 in some States) for students with disabilities under the Individuals with Disabilities Education Act (IDEA).

However, persons with disabilities are less likely to be employed than those without disabilities. According to the U.S. Department of Labor, Office of Disability Employment Policy, in 2022 the unemployment rate for persons with disabilities ages 16-64 was 5.4 percent compared to 3.2 percent for persons without disabilities. Similarly, the unemployment rate for youth with disabilities, ages 16-19, was 19.6 percent compared to 10.4 percent for youth without a disability. An even larger disparity exists for youth with disabilities ages 20-24, with an unemployment rate of 14.5 percent compared to 6.7 percent for youth ages 20-24 without a disability. (United States Department of Labor, n.d.)  2 The Department intends to begin building the evidence base regarding whether early exposure to employment and career possibilities for children and youth with disabilities will lead to successful secondary or postsecondary experiences, including employment. There are a significant number of factors contributing to disappointing transition outcomes for students with disabilities, such as limited exposure to career exploration, lack of preparation for postsecondary education, limited employment opportunities ( e.g., paid internships, paid apprenticeships), and limited training for youth service professionals (as defined in this notice) (Frazier et al., 2020; Biggs & Carter, 2016; Luft, 2015; Wehman et al., 2015).

As children and youth with disabilities move through the school system, many do not have exposure to self-advocacy training, careers, and independent living opportunities until they transition from high school. It is important to support children and youth with disabilities and their support systems (as defined in this notice) to bridge the gap from school to adult life, independent living, and career. SVRAs, SEAs, LEAs, and CILs offer various transitional supports that could be more effective at achieving the Nation's goals for children and youth with disabilities expressed in the ADA and Rehabilitation Act if leveraged through innovative models. Oertle & Trach (2007) found that collaboration among educational professionals (as defined in this notice), VR professionals, youth service professionals, employers, and parents can improve interagency relationships and lead to successful outcomes for children and youth with disabilities, including increasing postsecondary education completion and securing CIE.

Through this priority, the Department seeks to support projects that foster the establishment of close ties among agencies, transforming collaboration into partnership. Each applicant is required to ensure that project partnerships are comprised of, at a minimum, each of the following entities: SVRAs, SEAs, LEAs, CILs. Each partnership will demonstrate how services might be improved in the field, by developing and piloting a cohesive service delivery model that better manages its unique resources while coordinating efforts to improve outcomes for children and youth with disabilities and their support systems and facilitating successful transitions. In addition to required partners, applicants are strongly encouraged to include additional entities that may benefit the partnership, including State, local or regional employers, chambers of commerce, institutions of higher education and non-profit or private entities that promote improved transition outcomes for children and youth with disabilities.

The required partners support transition services by providing employment services, training, career exploration, and independent living skills to children and youth with disabilities and their support systems. These entities are authorized by different laws that are administered by different Federal agencies, and each entity has an important role in supporting successful secondary or postsecondary experiences for children and youth with disabilities and their support systems.

SVRAs are authorized by the title I of the Rehabilitation Act. SVRAs provide VR services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that they may prepare for and engage in CIE or supported employment and achieve economic self-sufficiency.

The IDEA makes available a free appropriate public education to eligible children and youth with disabilities and ensures that special education and related services are available to those children and youth. SEAs, under 34 CFR 300.149, have responsibility for general supervision of LEAs under IDEA to ensure appropriate monitoring and oversight, technical assistance, and enforcement. LEAs, in turn, are responsible for the general supervision of schools within their jurisdictions. Under IDEA, LEAs must provide transition services to students at age 16 (or age 14 in some States).

Title VII of the Rehabilitation Act of 1973 authorizes the Independent Living Services and CIL programs. Administered by the Administration for Community Living, CILs are required to provide independent living core services (as defined in this notice) to individuals with significant disabilities to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society.

It is through partnerships (as defined in this notice) at the State and local levels that a seamless, comprehensive system of programs, projects, and supports can be provided in a manner that raises expectations, improves engagement, and provides empowerment opportunities for children and youth with disabilities and their support systems. Over the past three decades, research on the transition of students with significant disabilities has shown that post-school outcomes of students with disabilities increase when educators, families, students, community members, and organizations work together in transition planning (Newman et al., 2016). These individuals each contribute a unique set of expertise to the collective group that, together, pave a clear and robust path as children and youth with disabilities transition from school to postsecondary endeavors, including CIE.

The research is clear that collaboration from all stakeholders in the transition process improves outcomes, but currently, there is a deficit in policies and practices in place to serve as models (Frazier et al., 2020). The collaboration of all stakeholders will attempt to solve common challenges associated with cross-agency communication, alignment of vision and goals, resource coordination, and trust. Partnerships will reduce organizational silos and create opportunities for a unified vision; common goals; cross-partner education and training; communication; and the identification and utilization of innovative and new approaches to collaboration among partners focused on improving transition for children and youth with disabilities and their support systems.

We encourage applicants to propose innovative models of collaboration and partnerships that coordinate funding from, and provide a seamless system of services by, required partners. Such collaboration and partnerships improve the transition for children and youth with disabilities from the education system to the vocational rehabilitation system with the goal of obtaining CIE. Innovative models have the potential to increase knowledge and access to opportunities and programs for children and youth with disabilities and their support systems, as well as to challenge the field to raise expectations and secure partnerships that result in desired employment, postsecondary education, and economic self-sufficiency outcomes for children and youth with disabilities.

Priority:

A project under this priority must develop an innovative model of collaboration and partnerships, with coordination of funding from, and a seamless system of services provided by, the required partners (SVRAs, SEAs, LEAs, and CILs). A project must include an innovative approach to the provision of seamless transition services focused on career exploration, CIE aspiration, and achievement of CIE for children and youth with disabilities, leveraging the expertise of the required partners to increase the success of the transition process. The project must include an evaluation of the training provided to—

(a) youth service professionals who are implementing the innovative model, including but not limited to service providers, aides, and other professionals who provide, for example, skills training, professional development, and cross-agency training;

(b) children and youth with disabilities ( i.e., in soft skills training, career exploration training, and job readiness training); and

(c) support systems of children and youth with disabilities ( i.e., in advocacy, financial planning, and transition planning).

The project must promote opportunities for career exposure for youth such as internships and apprenticeships. To promote transparency and provide tools for sharing best practices, the project also must establish a project-specific website geared toward actionable items, such as information for youth service professionals ( i.e., program descriptions and information, resources, online training opportunities, etc.) or project participant resources for children and youth with disabilities ( i.e., interest inventories, career exploration including virtual employer tours, job duties, educational courses that support specific careers, resources for transitioning from middle to high school or high school to post-secondary education or employment). It would also include resources, as they are being developed, that would allow for the replication of certain aspects of the project throughout the life of the project. The project must develop collaborations into partnerships that leverage resources to implement a cohesive service delivery model that supports successful postsecondary experiences for children and youth with disabilities and their support systems.

Application Requirements:

Under this priority, applicants must meet the following application requirements.

(a) Proposed project. Describe, in a narrative section of the application, the proposed project including a description of the defined geographic area or areas to be served by the project; how the proposed project will develop, pilot, refine, and implement, and collect and analyze data for the collaborative model that leverages the expertise of the required partners, children and youth with disabilities and their support systems, policymakers, employers, educational professionals, and youth service professionals; and other agencies and entities to assist with the proposed project. To meet this requirement, in the application, applicants must—

(1) Develop the proposed project (In Year One).

(i) Demonstrate that the proposed project incorporates evidence, findings, or accompanying summary reports from experts in the field, where applicable, or an existing program that has been modified to be appropriate for the proposed project;

(ii) Describe how the proposed project will develop a collaborative innovative systemic model, including ongoing professional and leadership development for youth service professionals across agencies, to assist children and youth with disabilities and their support systems;

(iii) Identify stakeholders that have experience serving children and youth with disabilities that are diverse, such as with regard to socioeconomic status, race, ethnicity, culture, language, disability, and gender, and describe how the project will include such stakeholders in project activities;

(iv) Describe how the proposed project will identify, conduct outreach to and serve children and youth with disabilities and their support systems, required partners, policy makers, employers, educational professionals, youth service professionals, and other agencies and entities that are critical to the development and implementation of the proposed project;

(v) Describe how the proposed project will identify, conduct outreach to and serve children and youth with disabilities who have been underserved by SVRAs or SEAs, such as children and youth of color, from low-income families, from rural areas or with significant disabilities.

(vi) Identify and describe the innovative services and supports that are relevant to the proposed project to promote smooth, coordinated transition services resulting in successful CIE outcomes for project participants;

(vii) Describe how the proposed project will develop and pilot (years 1 and 2), and refine and implement (years 2-5), a project website that is a centralized location for maintaining age-appropriate materials for youth participants and resources for youth service professionals to include: project details, project results, and training/resources for project participants that will be incorporated into the required partner websites at the end of the project and that will raise awareness among and facilitate engagement with other interested public entities and the business community;

(viii) Describe how the proposed project will create age-appropriate, in-person and virtual career experiences such as internships and apprenticeships, which may include standalone models, training modules, and customized modules to meet the unique learning needs of project participants, and which may be incorporated into the proposed project website;

(ix) Describe how the proposed project will develop, refine, and implement a program that trains project participants in economic independence, including financial literacy training (as defined in this notice), and may include a standalone model or modules that may be incorporated into the proposed project website;

(x) Describe how the proposed project's required partners will collaborate on a product for use by personnel supporting the project participants and the project participants themselves, that supports and encourages career exploration and career assessment results and interests;

(xi) Describe how the proposed project will identify, and conduct outreach and information dissemination to, stakeholders, including youth and children with disabilities and their support systems, partners, and project participants;

(xii) Describe the proposed project plan to conduct local resource mapping (as defined in this notice); and

(xiii) Describe how the proposed project will identify and develop mechanisms to collect data from partners, improve data sharing among partners and stakeholders, and maintain outcome data;

(2) Pilot the proposed project (No later than Quarter 1 of Year Two). Describe how the proposed project will pilot the proposed project no later than the first quarter of the second year of the proposed project period (October 1, 2024—December 30, 2024), including what services will be offered; the expected number of children and youth with disabilities served; the expected number of trainings conducted with youth service professionals, children and youth with disabilities, support systems, and other key partners and stakeholders ( i.e., Workforce Boards, Businesses); and data collected and evaluated during the pilot phase; and

(3) Refine and implement the proposed project (Year Two to Five).

(i) Describe how the proposed project will assess the results of the pilot, including through data collection and evaluation, to determine whether components of the pilot produced the expected results as planned or will need to be altered prior to the implementation of the proposed project;

(ii) Describe how the proposed project will include a process of continuous assessment and improvement to ensure that the proposed project activities are reviewed against the proposed project goals and objectives and are refined throughout the project period; and

(iii) Describe the plan to refine the proposed project through a process for securing feedback, through various methods ( e.g., in-person, phone, virtual) from project participants, partners, and stakeholders, to ensure continuous improvement and refinement of the proposed project throughout the project period; and

(4) Collect and analyze project data (Year One to Five).

(i) Describe how the full implementation of the proposed project will include finalization of baseline data (first quarter of year 1); including collecting the following data elements in each year of the grant and setting appropriate targets:

(A) The number of children with disabilities who are contacted about the proposed project.

(B) The number of youth with disabilities who are contacted about the proposed project.

(C) The number of children with disabilities who are enrolled in the proposed project.

(D) The number of youth with disabilities who are enrolled in the proposed project.

(E) The number of youth with disabilities who secure competitive integrated employment.

(F) The number of youth enrolled in post-secondary education.

(G) The number of youth service professionals, broken down by program/agency ( i.e., SVRAs, SEAs, LEAs, CILs, and other entities) who participate in professional development training ( i.e., cross training) to support the development of the proposed project, increasing successful pathways to partnerships;

(ii) Describe how the assessment of baseline data will be conducted prior to the start of the proposed pilot project activities (year 1); and

(iii) Describe how data collection and assessment of feedback on the proposed project and its impact on project participants, including strengths and challenges, will be collected and analyzed during the proposed project pilot (years 1-2) and refinement (years 2-5).

(b) Memorandum of understanding (MOU)

(1) Submit with the application letters of intent from an authorized representative to sign a formal MOU from all required partners, identifying the general responsibilities of each partner in the proposed project.

(2) Provide an assurance in the application that if the applicant receives an award, it will, within 180 days of award date, submit to the Department a formal signed MOU between the applicant and all required partners. The MOU must include, for each required partner, a scope of work describing the portions of the application that the partner will implement. These scopes of work must contain detailed work plans and budgets that are consistent with the application, and must include—

(i) The applicant's and each partner's specific goals, activities, timelines, budgets, key personnel, and annual performance targets;

(ii) Description of a process for decision-making;

(iii) Description of a process for amending the MOU;

(iv) Identification of the fiscal agent; and

(v) Description of how the applicant and partners will communicate and exchange information.

(vi) Describe how the proposed project will establish an advisory work group or steering committee that meets at least quarterly, and includes but is not limited to, key project personnel (as defined in this notice) from the partners, with at least 10 percent of the committee members or workgroup to include children and youth with disabilities and their support systems. The advisory work group or steering committee will provide input on the development, implementation, and operationalization of partner activities that contribute to the success of project participants (as defined in this notice);

(c) Logic model

(1) Provide a logic model (as defined in this notice) that communicates how the proposed project will achieve its intended outcomes that depicts, at a minimum, the goals, activities, outputs, and intended outcomes of the proposed project.

(2) Demonstrate how the proposed project components (as defined in this notice) are intended to affect the proposed project outcomes. Applicants must specifically note the proposed project activities that are supported by evidence that demonstrates a rationale and are depicted in the logic model.

Note: The following website provides more information on logic models: “Logic models: “Logic models: A tool for designing and monitoring program evaluations” https://ies.ed.gov/ncee/edlabs/regions/pacific/pdf/rel_2014007.pdf.

(d) Proposed project management plan. In the narrative section of the application under “Quality of the management plan,” describe how—

(1) The proposed management plan will ensure that the intended project outcomes will be achieved on time and within budget. To address this requirement, the applicant must include—

(i) Clearly defined responsibilities for key project personnel, including level of effort, consultants, and subcontractors, as applicable;

(ii) Identification of required and additional partners involved in completing the proposed project, including roles;

(iii) Timelines, milestones, and deliverables for accomplishing the project tasks;

(iv) A description of how time commitments of key project personnel and any consultants and subcontractors will be allocated and how these allocations are appropriate and adequate to achieve the intended project outcomes;

(v) The proposed management plan that ensures that the products and services provided are of high quality, relevant, and useful to recipients;

(vi) A description of how the proposed project will include a diversity of perspectives, including those of children and youth with disabilities and their support systems; the required partners; policymakers, employers, educational professionals, and youth service professionals; and other agencies and entities in its development and operation; and

(vii) A detailed description of how activities will continue to be sustained once the grant performance period is over.

(e) Proposed project evaluation. In the narrative section of the application under “Quality of the project evaluation,” include an evaluation plan for the proposed project as described in the following paragraphs. The evaluation plan must describe measures of progress in implementation, including the criteria for determining the extent to which the proposed project's products and services have met the goals for reaching its target population; measures of intended outcomes or results of the proposed project activities to evaluate those activities; and how well the goals or objectives of the proposed project, as described in its logic model, have been met. Grantees must dedicate sufficient funds throughout the project period to cover the costs of developing, refining, and implementing the project evaluation plan, as well as the costs associated with collaborating throughout the period of performance with an independent evaluator identified by RSA. The evaluation plan and process must—

(1) Identify formative and summative evaluation questions that align to the logic model;

(2) Describe how progress in and fidelity of implementation, as well as project outcomes, will be measured to answer the evaluation questions;

(3) Specify the measures and associated instruments or sources for data appropriate to the evaluation questions. Include information regarding reliability and validity of measures where appropriate;

(4) Describe strategies for analyzing data and how data collected as part of this proposed project will be used to inform and refine the logic model and evaluation plan, including subsequent data collection;

(5) Include a timeline for conducting the evaluation and include staff assignments for completing the plan. The timeline must indicate that data will be available bi-annually, for the annual performance report (October 1-March 31) and end of year performance report (October 1-September 30);

(6) Describe how the proposed project will collect data regarding the project participants, including but not limited to, demographics ( e.g., gender, race, ethnic group) and regional information;

(7) Describe how the proposed project will identify and evaluate the innovative strategies that were effective for systemic change in partnerships ( e.g., relationship building, resource sharing, funding mechanism for services);

(8) Describe how the proposed project will evaluate the relationship between project participants' engagement with or use of specific practices and strategies implemented by the proposed project and key outcomes;

(9) Describe how the proposed project will make broadly available the results of any evaluations conducted of funded activities, digitally and free of charge, through formal ( e.g., peer reviewed journals) or informal ( e.g., newsletters) mechanisms;

(10) Describe how the proposed project will ensure that data from the grantee's evaluation are made available to an independent evaluator identified by RSA consistent with applicable privacy requirements;

(11) Describe how the proposed project will leverage data collection, analysis, and research methodologies to result in an evaluation that can build evidence at least at the level of promising evidence (as defined in this notice); and

(12) Include an assurance that the project will cooperate on an ongoing basis with any technical assistance provided by the Department or its contractors and comply with the requirements of any other evaluation of the program conducted by the Department, including the need to share project data.

For the FFY 2023 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition, in accordance with section 437(d)(1) of GEPA, we establish definitions of “children and youth with disabilities,” “educational professional,” “financial literacy training,” “independent living core services,” “innovative,” “key project personnel,” “local resource mapping,” “partnership,” “project participants,” “promising evidence,” “required partners,” “support systems,” and “youth service professionals.” The remaining definitions are from 34 CFR 77.1. The authority for each definition is noted following the text of the definition.

“Children and youth with disabilities” means children (ages 10-13) and youth (ages 14-24) with disabilities who meets the definition of “child with a disability” in 34 CFR 300.8 or a person who (i) has a physical or mental impairment that substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. (Section 437(d)(1) of GEPA.)

“Educational professional” means a professional providing educational services either at a school, academy, or other educational facility, or at a private facility or residence, as a teacher, professor, tutor, aide, administrator, or other education professional. (Section 437(d)(1) of GEPA.)

“Financial literacy training” means the education and understanding of knowing how money is made, spent, and saved as well as the skills and ability to use financial resources to make decisions. (Section 437(d)(1) of GEPA.)

“Independent living core services” means (i) information and referral services; (ii) independent living skills training; (iii) peer counseling (including cross-disability peer counseling); (iv) individual and systems advocacy; and (v) services that—(A) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services; (B) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (C) facilitate the transition of youth who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the IDEA (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life. (Section 437(d)(1) of GEPA.)

“Innovative” means featuring new methods, ideas, or approaches. (Section 437(d)(1) of GEPA.)

“Key project personnel” means, at a minimum, the project director or principal investigator with the grantee responsible for defining and identifying all other key personnel positions in their applications. (Section 437(d)(1) of GEPA.)

“Local resource mapping” means a strategy for identifying and analyzing the programs, people, services, and other resources that currently exist. (Section 437(d)(1) of GEPA.)

“Logic model” (also referred to as a theory of action) means a framework that identifies key proposed project components (as defined in 34 CFR 77.1) of the proposed project ( i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes (as defined in 34 CFR 77.1)) and describes the theoretical and operational relationships among the key proposed project components and relevant outcomes. (34 CFR 77.1.)

“Partnership” means an entity in which two or more co-owners contribute resources, share in success and loss, and are individually liable for the entity's actions. (Section 437(d)(1) of GEPA.)

“Project component” means an activity, strategy, intervention, process, product, practice, or policy included in a project. Evidence may pertain to an individual project component or to a combination of project components ( e.g., training teachers on instructional practices for English learners and follow-on coaching for these teachers). (34 CFR 77.1.)

“Project participants” means individuals participating in the project, including but not limited to children and youth with disabilities and their support system and youth service professionals. (Section 437(d)(1) of GEPA.)

“Promising evidence” means that there is evidence of the effectiveness of a key project component in improving a relevant outcome, based on a relevant finding that includes at least one statistically significant and positive ( i.e., favorable) effect on a relevant outcome. (Section 437(d)(1) of GEPA.)

“Required partners” mean SVRAs, SEAs, LEAs, and CILs. (Section 437(d)(1) of GEPA.)

“Support systems” means a network of people, including family members, guardians, advocates, friends, and peers, who provide an individual with practical or emotional support. (Section 437(d)(1) of GEPA.)

“Youth service professionals” means adults, who have competencies in many fields (youth development, education, workforce development, disability, etc.) and work directly with children and youth with disabilities, ages 10-24, in order to effectively guide youth in transition and maximize their potential. (Section 437(d)(1) of GEPA.)

Waiver of Proposed Rulemaking: Under the Administrative Procedure Act (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities, selection criteria, requirements, and definitions. Section 437(d)(1) of GEPA, however, allows the Secretary to exempt from rulemaking requirements regulations governing the first grant competition under a new or substantially revised program authority. This is the first grant competition for this program under the authority given in the Consolidated Appropriations Act, 2022, and, therefore, qualifies for this exemption. In order to ensure timely grant awards, the Secretary has decided to forego public comment on the priority, requirements, definitions, and selection criteria under section 437(d)(1) of GEPA. The priority, requirements, definitions, and selection criteria will apply to the FFY 2023 grant competition and any subsequent year in which we make awards from the list of unfunded applications for this competition.

Program Authority: Consolidated Appropriations Act, 2022 (Pub. L. 117-103), 136 Stat. 49.

Note: Proposed projects will be awarded and must be operated in a manner consistent with the nondiscrimination requirements contained in Federal civil rights laws.

Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474.

Type of Award: Discretionary grants negotiated as cooperative agreements.

Estimated Available Funds: $224,023,590.00.

Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2024 from the list of unfunded applications from this competition.

Estimated Range of Awards: $4,000,000-$10,000,000 (frontloaded for the 60-month project period).

Estimated Average Size: $7,000,000.

Estimated Number of Awards: 22-32.

Note: The Department is not bound by any estimates in this notice.

Project Period: Up to 60 months.

Note: The Final Performance Report must be completed and submitted by the end of the project period, September 30, 2028. Therefore, the project must complete core project activities to allow sufficient time for the evaluation and final performance report to be completed and submitted by the end of the project period on September 30, 2028.

Note: Applicants under this competition are required to provide detailed budget information for the total grant period, including detailed budget information for each of the five years of the proposed project. Applicants may not set aside more than 5 percent of the total budget to evaluate the overall effectiveness of the proposed project. Applicants are encouraged to consider the impact of implementation of the proposed project when creating a year 1 budget. Applicants are also encouraged to consider the impact of the period of performance end date, September 30, 2028, when creating the year 5 budget.

Note: Grantees are expected to complete at least monthly drawdowns of expenditures.

Note: Subgrantees are expected to report monthly invoices of expenditures to the grantee.

1. Eligible Applicants: SVRAs and SEAs.

2. a. Cost Sharing or Matching: This competition does not require cost sharing or matching.

b. Indirect Cost Rate Information: This program uses an unrestricted indirect cost rate. For more information regarding indirect costs, or to obtain a negotiated indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html .

c. Administrative Cost Limitation: This program does not include any program-specific limitation on administrative expenses. All administrative expenses must be reasonable and necessary and conform to the Cost Principles described in 2 CFR part 200 subpart E of the Uniform Guidance.

d. Administrative Expenses:

(i) All administrative expenses incurred under the DIF program must be reasonable and necessary for the administration of the DIF program and must conform to the requirements of the Federal Cost Principles described in 2 CFR 200.403 through 200.405.

(ii) Although, in certain circumstances, proposed project participants served and services provided are the same under both the DIF programs and the SVRA programs, these programs are separate and distinct programs with separate and distinct funding streams and requirements. As such, when allocating administrative costs between the DIF programs and SVRA programs, grantees must allocate the costs in accordance with the requirements of 2 CFR 200.405. This means that both DIF program and SVRA program funds could be used to pay administrative costs associated with staff time providing services; however, with respect to those administrative activities limited to the DIF program, such as submitting progress reports, grantees must use only DIF program funds (or other allowable funds) to pay these costs. This applies to grantees and subgrantees.

(iii) SVRA program funds and non-Federal funds used for match under the VR program can only pay for allowable costs under the VR program, including administrative costs, in accordance with 2 CFR 200.403 through 200.405.

3. Subgrantees: Under the Consolidated Appropriations Act, 2022, a grantee under this competition may award subgrants. Under this competition, subgrants may not exceed 75 percent of the funds. Under 34 CFR 75.708(b) and (c), a grantee under this competition may award subgrants—to directly carry out project activities described in its application—to the following types of entities: public and private, nonprofit entities, SVRAs, SEAs, LEAs, and CILs. The grantee may only award subgrants to entities it has identified in an approved application. Subrecipients may not further subgrant funds received under this award.

1. Application Submission Instructions: Applicants are required to follow the Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on December 7, 2022 (87 FR 75045) and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to submit an application. Please note that these Common Instructions supersede the version published on December 27, 2021.

2. Submission of Proprietary Information: Given the types of proposed projects that may be proposed in applications for the DIF, your application may include business information that you consider proprietary. In 34 CFR 5.11 we define “business information” and describe the process we use in determining whether any of that information is proprietary and, thus, protected from disclosure under Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as amended).

Because we plan to make successful applications available to the public, you may wish to request confidentiality of business information.

Consistent with Executive Order 12600, please designate in your application any information that you believe is exempt from disclosure under Exemption 4. In the appropriate Appendix section of your application, under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).

3. Intergovernmental Review: This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.

4. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

5. Recommended Page Limit: The application narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you (1) limit the application narrative to no more than 45 pages and (2) use the following standards:

• A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

• Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.

• Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

• Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

The recommended page limit does not apply to the cover sheet; the budget section, including the narrative budget justification; the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to the application narrative.

6. Notice of Intent To Apply: The Department will be able to review grant applications more efficiently if we know the approximate number of applicants that intend to apply. Therefore, we strongly encourage each potential applicant to notify us of their intent to submit an application. To do so, please email the program contact person listed under FOR FURTHER INFORMATION CONTACT with the subject line “Intent To Apply,” and include the applicant's name and a contact person's name and email address. Applicants that do not submit a notice of intent to apply may still apply for funding; applicants that do submit a notice of intent to apply are not bound to apply or bound by the information provided.

1. Selection Criteria: The selection criteria for this competition are from 34 CFR 75.210 or are established for the FFY 2023 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition, in accordance with section 437(d)(1) of GEPA, and are as follows:

(a) Need for project and significance of the project (10 points)

(1) The Secretary considers the need for the proposed project and the significance of the proposed project.

(2) In determining the need for the proposed project and the significance of the proposed project, the Secretary considers the following factors:

(i) The magnitude of the need for the services to be provided or the activities to be carried out by the proposed project.

(ii) The extent to which the proposed project is likely to build local capacity to provide, improve, or expand services that address the needs of the target population.

(b) Quality of the project design (20 points)

(1) The Secretary considers the quality of the design of the proposed project.

(2) In determining the quality of the design of the proposed project, the Secretary considers the following factors:

(i) The extent to which the goals, objectives, and outcomes to be achieved by the proposed project are clearly specified and measurable.

(ii) The extent to which the design of the proposed project reflects up-to-date knowledge from research and effective practice.

(iii) The extent to which the results of the proposed project are to be disseminated in ways that will enable others to use the information or strategies. (Section 437(d)(1) of GEPA.)

(iv) The extent to which the proposed project represents an exceptional innovative approach to the priority established for the competition.

(v) The extent to which performance feedback and continuous improvement are integral to the design of the proposed project.

(c) Quality of project services (20 points)

(1) The Secretary considers the quality of the services to be provided by the proposed project.

(2) In determining the quality of services to be provided by the proposed project, the Secretary considers the quality and sufficiency of strategies for ensuring equal access and treatment for eligible proposed project participants who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability.

(3) In addition, the Secretary considers the following factors:

(i) The extent to which the services to be provided by the proposed project involve the collaboration of appropriate partners for maximizing the effectiveness and seamlessness of proposed project services. (Section 437(d)(1) of GEPA.)

(ii) The extent to which the services to be provided by the proposed project are appropriate to the needs of the intended recipients or beneficiaries of those services.

(iii) The likely impact of the services to be provided by the proposed project on the intended recipients of those services.

(d) Quality of the project evaluation (20 points)

(1) The Secretary considers the quality of the evaluation to be conducted of the proposed project.

(2) In determining the quality of the evaluation, the Secretary considers the following factors:

(i) The extent to which the methods of evaluation are thorough, feasible, and appropriate to the goals, objectives, and outcomes of the proposed project.

(ii) The extent to which the evaluation will provide performance feedback and permit periodic assessment of progress toward achieving intended outcomes.

(e) Quality of project personnel (15 points)

(1) The Secretary considers the quality of the personnel who will carry out the proposed project.

(2) In determining the quality of proposed project personnel, the Secretary considers the extent to which the applicant encourages applications for employment from persons who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability.

(3) In addition, the Secretary considers the following factors:

(i) The qualifications, including relevant training and experience, of key project personnel.

(ii) The extent to which the time commitments of the project director and principal investigator and other key personnel are appropriate and adequate to meet the objectives of the proposed project. (Section 437(d)(1) of GEPA.)

(f) Adequacy of resources (15 points)

(1) The Secretary considers the adequacy of resources for the proposed project.

(2) In determining the adequacy of resources for the proposed project, the Secretary considers the following factors:

(i) The relevance and demonstrated commitment of each partner in the proposed project to the implementation and success of the project.

(ii) The extent to which the costs are reasonable in relation to the number of persons to be served and to the anticipated results and benefits.

(iii) The potential for the incorporation of proposed project purposes, activities, or benefits into the ongoing program of the agency or organization at the end of the Federal funding.

(iv) The adequacy of support, including facilities, equipment, supplies, and other resources, from the applicant organization.

2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of proposed project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

In addition, in making a competitive grant award, the Secretary requires various assurances, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

For the FFY 2023 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition, in accordance with section 437(d)(1) of GEPA, in selecting an application for an award under this program, we also consider the geographical distribution of projects in the DIF program throughout the country. This factor will be applied after non-Federal reviewers score the applications. The geographical distribution of projects factor will be applied to fund applications out of rank order if the top-ranked applications do not represent a geographical distribution throughout the country.

3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 200.206, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 200.208, the Secretary may impose specific conditions and, under 2 CFR 3474.10, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

4. Integrity and Performance System: If you are selected under this competition to receive an award that over the course of the proposed project period may exceed the simplified acquisition threshold (currently $250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your integrity, business ethics, and record of performance under Federal awards—that is, the risk posed by you as an applicant—before we make an award. In doing so, we must consider any information about you that is in the integrity and performance system (currently referred to as the Federal Awardee Performance and Integrity Information System (FAPIIS)), accessible through the System for Award Management. You may review and comment on any information about yourself that a Federal agency previously entered and that is currently in FAPIIS.

Please note that if the total value of your currently active grants, cooperative agreements, and procurement contracts from the Federal Government exceeds $10,000,000, the reporting requirements in 2 CFR part 200, Appendix XII, require you to report certain integrity information to FAPIIS semiannually. Please review the requirements in 2 CFR part 200, Appendix XII, if this grant plus all the other Federal funds you receive exceed $10,000,000.

5. In General: In accordance with the Office of Management and Budget's guidance located at 2 CFR part 200, all applicable Federal laws, and relevant Executive guidance, the Department will review and consider applications for funding pursuant to this notice inviting applications in accordance with:

(a) Selecting recipients most likely to be successful in delivering results based on the program objectives through an objective process of evaluating Federal award applications (2 CFR 200.205);

(b) Prohibiting the purchase of certain telecommunication and video surveillance services or equipment in alignment with section 889 of the National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 200.216).

(c) Providing a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States (2 CFR 200.322); and

(d) Terminating agreements in whole or in part to the greatest extent authorized by law if an award no longer effectuates the program goals or agency priorities (2 CFR 200.340).

1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We also may notify you informally.

If your application is not evaluated or not selected for funding, we notify you.

2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

3. Open Licensing Requirements: Unless an exception applies, if you are awarded a grant under this competition, you will be required to openly license to the public grant deliverables created in whole, or in part, with Department grant funds. When the deliverable consists of modifications to pre-existing works, the license extends only to those modifications that can be separately identified and only to the extent that open licensing is permitted under the terms of any licenses or other legal restrictions on the use of pre-existing works. Additionally, a grantee or subgrantee that is awarded competitive grant funds must have a plan to disseminate these public grant deliverables. This dissemination plan can be developed and submitted after your application has been reviewed and selected for funding. For additional information on the open licensing requirements please refer to 2 CFR 3474.20.

4. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

(b) At the end of the project period, September 30, 2028, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit annual performance reports and end of year performance reports that provide the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

(c) Under 34 CFR 75.250(b), the Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case, the Secretary establishes a data collection period.

5. Performance Measures: Under the absolute priority, grant recipients must develop and implement a plan to measure the innovative model demonstration project's performance and outcomes, including an evaluation of the practices and strategies implemented by the project. The performance measures will be developed in collaboration with the Department or its contracted independent evaluators during the first three months of the awards. Performance measures may, for example, assess the impact of project activities on effective collaboration and child and youth outcomes, access to resources, sustainability, and the replicability of project. The cooperative agreement, for year 1, will specify the program measures that will be used to assess the grantees' performance in achieving the goals and objectives of the competition.

Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT , individuals with disabilities can obtain this document and a copy of the application package in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format.

Electronic Access to This Document: The official version of this document is the document published in the Federal Register . You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov . At this site you can view this document, as well as all other documents of this Department published in the Federal Register , in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.

You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov . Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

Originally established by Order 1865, Secretary of the Interior, dated August 31, 1943 and effective September 1, 1943 (8 FR 12142 (Sept. 3, 1943)), Southwestern is authorized by Congress to market the hydroelectric power and energy from Federal dams controlled by the U.S. Army Corps of Engineers (Corps), pursuant to Section 302(a)(1) of the Department of Energy Organization Act (42 U.S.C. 7152(a)(1)), Section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and Public Law 95-456 (16 U.S.C. 825s-3). Guidelines for preparation of power repayment studies are included in Department of Energy (DOE) Order No. RA 6120.2 (Sept. 20, 1979), entitled Power Marketing Administration Financial Reporting. Procedures for public participation in power and transmission rate adjustments of the Power Marketing Administrations are found at title 10, part 903, subpart A of the Code of Federal Regulations (10 CFR part 903). Procedures for the confirmation and approval of rates for the Federal Power Marketing Administrations are found at title 18, part 300, subpart L of the Code of Federal Regulations (18 CFR part 300).

Southwestern markets power from 24 multi-purpose reservoir projects with hydroelectric power facilities constructed and operated by the Corps. These projects are located in Arkansas, Missouri, Oklahoma, and Texas. Southwestern's marketing area includes these states plus Kansas and Louisiana. The costs associated with 22 of these 24 hydropower projects are repaid with revenues received under the Integrated System rates. These rates also cover the costs of Southwestern's transmission facilities that consist of 1,381 miles of high-voltage transmission lines, 27 substations, and 46 microwave and VHF radio sites. Additionally, Southwestern markets power from two hydropower projects in southeastern Texas, Sam Rayburn Dam and Robert D. Willis. These projects are isolated hydraulically, electrically, and financially from the Integrated System, and are repaid via separate rate schedules and therefore are not addressed in this Notice.

On September 30, 2013, in Rate Order No. SWPA-66, the Deputy Secretary of Energy placed into effect Southwestern's Integrated System rate schedules (P-13, NFTS-13, and EE-13) on an interim basis for the period October 1, 2013 to September 30, 2017. The Federal Energy Regulatory Commission (FERC) confirmed and approved Southwestern's interim Integrated System rates on a final basis on January 9, 2014 for a period ending September 30, 2017.

Southwestern re-designated Integrated System rate schedule “NFTS-13” as “NFTS-13A” with no revenue adjustment. In Rate Order No. SWPA-71, the Deputy Secretary of Energy placed into effect Southwestern's rate schedule NFTS-13A on an interim basis beginning January 1, 2017. FERC confirmed and approved NFTS-13A on a final basis on March 9, 2017.

On September 13, 2017, in Rate Order No. SWPA-72, the Deputy Secretary of Energy extended all of Southwestern's Integrated System rate schedules (P-13, NTFS-13A, and EE-13) for two years, for the period of October 1, 2017 through September 30, 2019.

Southwestern re-designated Integrated System rate schedule “P-13” as “P-13A” with no revenue adjustment. In Rate Order No. SWPA-73, the Assistant Secretary for Electricity placed into effect Southwestern's rate schedule P-13A on an interim basis beginning July 1, 2019. FERC confirmed and approved P-13A on a final basis on August 29, 2019.

On September 22, 2019, in Rate Order No. SWPA-74, the Assistant Secretary for Electricity extended all of Southwestern's Integrated System rate schedules (P-13A, NFTS-13A, EE-13) for two years, for the period of October 1, 2019 through September 30, 2021.

On August 30, 2021, in Rate Order No. SWPA-77, the Administrator, Southwestern, extended all of Southwestern's Integrated System rate schedules (P-13A, NFTS-13A, EE-13) for two years, for the period of October 1, 2021 through September 30, 2023.

The proposed update to Section 4.2, Peaking Energy Schedule Submission Time, establishes the Peaking Energy Schedule Submission Time as on or before 8:30 a.m. Central Prevailing Time (CPT) of the day preceding the day for delivery of Peaking Energy. Additionally, the proposed update to Section 4.2.2, Procedure for Adjusting the Peaking Energy Schedule Submission Time, allows the Southwestern Administrator to adjust the Peaking Energy Schedule Submission Time once annually to a time no earlier than 8:00 a.m. CPT and no later than 9:00 a.m. CPT. There is no change in annual revenues associated with the proposed P-13A Rate Schedule change.

Southwestern must at times make replacement capacity and energy purchases to fulfill its contractual obligations associated with the delivery of Hydro Peaking Power as required through the majority of Power Sales Contracts that utilize Southwestern's Integrated System rate schedules. Historically, a significant portion of needed replacement power purchases were made through pre-arranged Purchase Power Agreements (PPAs), many of which were capacity and energy “call options” that allowed Southwestern to schedule the energy as needed after the Peaking Energy Schedule Submission Time of 2:00 p.m. or 2:30 p.m. In recent months, the number of PPAs available to Southwestern has decreased and the pricing of available PPAs has increased. Southwestern has also recently become a Financial-Only Market Participant of the Midcontinent Independent System Operator (MISO), which enables Southwestern to make energy purchases from the MISO Day-Ahead Market. The MISO Day-Ahead Market closes bidding at 9:30 a.m. CPT every day. In order to best utilize the MISO Day-Ahead Market as a cost-competitive option for replacement energy purchases, Southwestern must have increased certainty about its Peaking Energy obligations before 9:30 a.m. the day before the Peaking Energy will be delivered. Earlier day-ahead certainty of Peaking Energy schedules will also likely provide Southwestern with better options when seeking new PPAs. Many of Southwestern's customers have expressed support for such a change. Therefore, Southwestern determined that it would pursue shifting its Peaking Energy Schedule Submission Time from 2:30 p.m. CPT to 8:30 a.m. CPT.

The title of the P-13A Rate Schedule will be changed to P-13B to reflect update to Section 4.2. A redlined version of the P-13A Rate Schedule, which shows the revision proposed by the P-13B Rate Schedule, will be made available upon request.

In accordance with 10 CFR part 903, Southwestern's proposed change to its P-13A Rate Schedule is considered a minor rate adjustment, as there is no change in annual revenues. 10 CFR part 903 provides that neither a public information forum nor a public comment forum is required in conjunction with the consultation and comment period for a minor rate adjustment. Therefore, Southwestern finds that holding a public information and comment forum in conjunction with the consultation and comment period is not necessary. In accordance with 10 CFR 903.14, Southwestern is initiating a 30-day consultation and comment period (see DATES section) during which Southwestern will accept written comments from interested persons.

Following review and consideration of written comments, the Administrator will determine whether to confirm, approve, and place the proposed P-13B Rate Schedule into effect on an interim basis, and subsequently submit to the Federal Energy Regulatory Commission (FERC) for confirmation and approval on a final basis. The FERC will allow the public an opportunity to provide written comments on the proposed rate schedule change before making a final decision.

By Delegation Order No. S1-DEL-RATES-2016, effective November 19, 2016, the Secretary of Energy delegated: (1) the authority to develop power and transmission rates to Southwestern's Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, or to remand or disapprove such rates, to FERC. By Delegation Order No. S1-DEL-S3-2022-2, effective June 13, 2022, the Secretary of Energy also delegated the authority to confirm, approve, and place such rates into effect on an interim basis to the Under Secretary for Infrastructure. By Redelegation Order No. S3-DEL-SWPA1-2022, effective June 13, 2022, the Under Secretary for Infrastructure redelegated the authority to confirm, approve, and place such rates into effect on an interim basis to the Administrator, Southwestern.

Southwestern previously determined that the rate change actions, placed into effect on October 1, 2013, fit within the following class of categorically excluded actions as listed in Appendix B to Subpart D of 10 CFR part 1021, DOE's Implementing Procedures and Guidelines of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347): B4.3 (Electric power marketing rate changes). Categorically excluded actions do not require preparation of either an environmental impact statement or an environmental assessment. On March 14, 2023, Southwestern determined that categorical exclusion B4.3 applies to the current action as well.

Southwestern has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required.

This document of the Department of Energy was signed on March 27, 2023, by Mike Wech, Administrator for Southwestern Power Administration, pursuant to delegated authority from the Secretary of Energy. That document, with the original signature and date, is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DOE. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets .

Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting comments and information to enable it to: (i) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. EPA will then submit the final ICR package to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

Abstract: This ICR describes the cost and burden associated with 40 CFR part 121, the regulations that implement Clean Water Act (CWA) section 401. Under section 401, a Federal agency may not issue a permit or license that may result in any discharge into waters of the United States unless the certifying authority where the discharge would originate issues a section 401 water quality certification verifying that the discharge will comply with certain water quality requirements or waives the certification requirement. Certifying authorities are states, tribes with treatment as a state (TAS) authorization, and in limited circumstances, EPA. CWA section 401 requires project proponents to submit project-specific information to certifying authorities. Certifying authorities may act on project-specific information by either granting, granting with conditions, denying, or waiving section 401 certification. To demonstrate it has acted on the certification request, the certifying authority must provide a decision document to the relevant federal licensing or permitting agency. If the certifying authority fails or refuses to act on a certification request within a reasonable period of time (which shall not exceed one year) after receipt, the requirement to obtain certification is waived. EPA is also responsible for coordinating input from certain neighboring or downstream states and tribes affected by a discharge from a federally licensed or permitted project under section 401(a)(2). Information collected directly collected by EPA under section 401 in support of the section 402 permit program is already captured under an existing ICR (OMB Control Number 2040-0004, EPA ICR Number 0229.22) and therefore is not included in this analysis.

Form Numbers: None.

Respondents/affected entities: Project proponents, State and tribal reviewers (certifying authorities).

Respondent's obligation to respond: required to obtain 401 certification (33 U.S.C. 1341(a)(1)).

Estimated number of respondents: 154,000 responses from 77,138 respondents annually.

Frequency of response: one per Federal application.

Total estimated burden: 860,500 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $48 Million (per year), includes $0 annualized capital or operation and maintenance costs.

Changes in Estimates: There are changes in the total estimated respondent burden, number of respondents, and number of responses compared with the ICR currently approved by OMB (OMB Control No. 2040-0295).

I. Obtaining a Copy of the Proposed Consent Decree

The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2023-0198) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OEI Docket is (202) 566-1752.

The electronic version of the public docket for this action contains a copy of the proposed consent decree, and is available through https://www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search.”

The proposed consent decree would establish deadlines for EPA to take action pursuant to CAA section 110(k) on certain SIP submissions by the State of Colorado, the State of California, and the State of New Hampshire. First, on March 22, 2021, the State of Colorado made a SIP submission addressing CAA section 182(c) requirements for the Denver Metro/North Front Range Serious nonattainment area under the 2008 ozone national ambient air quality standards (NAAQS). The proposed consent decree would require EPA to sign a notice of final rulemaking by September 29, 2023.

Second, on February 3, 2017, EPA published a final rule that found that various nonattainment areas in the State of California and the State of New Hampshire failed to submit SIP revisions for various nonattainment SIP elements. The proposed consent decree would require EPA to sign a notice of final rulemaking for the nonattainment new source review (NSR) SIP element for the Los Angeles—San Bernardino Counties (West Mojave Desert), California nonattainment area by November 29, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or control techniques guidelines (CTG) for the Sacramento Metro, California nonattainment area (Sacramento Metropolitan Air Quality Management District) by March 31, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for the reasonably available control technology (RACT) nitrogen oxides (NOx) for Major Sources SIP element for the Sacramento Metro, California nonattainment area (Sacramento Metropolitan Air Quality Management District) by September 30, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or CTG for the Sacramento Metro, California nonattainment area (Yolo-Solano Air Quality Management District) by March 31, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or CTG for the New Hampshire portion of the ozone transport region by September 30, 2023. The proposed consent decree would require EPA to sign a notice of final rulemaking for the portion of the revision to the Placer County Air Pollution Control District portion of the California SIP concerning the minor source NSR by September 30, 2023.

Third, on December 29, 2020, the State of California made a SIP submission addressing the 2020 RACT demonstration for the 2008 ozone NAAQS for San Diego County. The proposed consent decree would require EPA to sign a notice of final rulemaking for the demonstration, except for four declarations, by October 31, 2024.

In accordance with section 113(g) of the CAA, for a period of thirty (30) days following the date of publication of this document, the Agency will accept written comments relating to the proposed consent decree. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-0198, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. EPA may publish any comment received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information identified as CBI, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be received by scheduled appointment only.

If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

Use of the https://www.regulations.gov website to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment.

Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

The Lifeline program provides support for discounted broadband and voice services to low-income consumers. Lifeline is administered by the Universal Service Administrative Company (USAC) under FCC direction. Consumers qualify for Lifeline through proof of income or participation in a qualifying program, such as Medicaid, the Supplemental Nutritional Assistance Program (SNAP), Federal Public Housing Assistance, Supplemental Security Income (SSI), Veterans and Survivors Pension Benefit, or various Tribal-specific federal assistance programs.

In the Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182, 2129-36 (2020), Congress created the Emergency Broadband Benefit Program, and directed use of the National Verifier to determine eligibility based on various criteria, including the qualifications for Lifeline (Medicaid, SNAP, etc.). EBBP provided $3.2 billion in monthly consumer discounts for broadband service and one-time provider reimbursement for a connected device (laptop, desktop computer or tablet). In the Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429, 1238-44 (2021) (codified at 47 U.S.C. 1751-52), Congress modified and extended EBBP, provided an additional $14.2 billion, and renamed it the Affordable Connectivity Program (ACP). A household may qualify for the ACP benefit under various criteria, including an individual qualifying for the FCC's Lifeline program.

In a Report and Order adopted on March 31, 2016, (81 FR 33026, May 24, 2016) ( 2016 Lifeline Modernization Order ), the Commission ordered USAC to create a National Lifeline Eligibility Verifier (“National Verifier”), including the National Lifeline Eligibility Database (LED), that would match data about Lifeline applicants and subscribers with other data sources to verify the eligibility of an applicant or subscriber. The Commission found that the National Verifier would reduce compliance costs for Lifeline service providers, improve service for Lifeline subscribers, and reduce waste, fraud, and abuse in the program.

The Consolidated Appropriations Act of 2021 directs the FCC to leverage the National Verifier to verify applicants' eligibility for ACP. The purpose of this matching program is to verify the eligibility of Lifeline and ACP applicants and subscribers by determining whether they receive SNAP and Medicaid benefits administered by the Florida Department of Children and Families, Office of Economic Self Sufficiency.

Florida Department of Children and Families, Office of Economic Self Sufficiency.