Title: U.S. Origin Health Certificate.

OMB Control Number: 0579-0020.

Type of Request: Revision to and extension of approval of an information collection.

Abstract: Under the Animal Health Protection Act (7 U.S.C. 8301 et seq. ), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture, among other things, has the authority to detect, control, or eradicate pests or diseases of livestock or poultry. The Secretary may also prohibit or restrict the import or export of any animal or related material if necessary to prevent the spread of any livestock or poultry pest or disease. Disease prevention is the most effective method for maintaining a healthy animal population and for enhancing APHIS' ability to compete in the world market of animal and animal product trade. The export of agricultural commodities, including animals and animal products, is a major business in the United States and contributes to a favorable balance of trade. As part of its mission to facilitate the export of U.S. animals and products, APHIS' Veterinary Services maintains information regarding the import health requirements of other countries for animals and animal products exported from the United States.

Among other things, to ensure a favorable balance of trade, APHIS uses information collection activities, such as U.S. Origin Health Certificates; U.S. Origin Health Certificates for the Export of Horses from the United States to Canada; Health Certificates for the Export of Live Finfish, Mollusks, and Crustaceans (and their Gametes); Country Specific Health Certificates; United States Interstate and International Certificate of Health Examination for Small Animals (Exporters); Inspection and Certification for Animal Products; Undue Hardship Explanations-Animals; Applications for Approval of Inspection Facility-Environmental Certification; Annual Inspections of Export Inspection Facilities; Opportunities to Present Views Concerning Withdrawal of Facility Approval; Certifications to Carry Livestock; Inspections of Vessel Prior to Voyage; Notarized Statements; Aircraft Cleaning and Disinfection; and Travel Time.

We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities, as described, for an additional 3 years.

The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

(1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses.

Estimate of burden: The public burden for this collection of information is estimated to average 1.05 hours per response.

Respondents: Owners and operators of livestock facilities/exporters, accredited veterinarians, and owners or masters of an ocean vessel.

Estimated annual number of respondents: 1,320.

Estimated annual number of responses per respondent: 372.

Estimated annual number of responses: 491,678.

Estimated total annual burden on respondents: 516,556 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

Title: Bees and Related Articles.

OMB Control Number: 0579-0207.

Type of Request: Extension of approval of an information collection.

Abstract: The Plant Protection Act (7 U.S.C. 7701 et seq. ) authorizes the Secretary of Agriculture to restrict the importation, entry, or interstate movement of plants, plant products, and other articles to prevent the introduction of plant pests into the United States or their dissemination within the United States.

Under the Honeybee Act (7 U.S.C. 281 through 286), the Secretary is authorized to prohibit or restrict the importation of honeybees and honeybee semen to prevent the introduction into the United States of diseases and parasites harmful to honeybees and of undesirable species such as the African honeybee. This authority has been delegated to the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.

The establishment of certain bee diseases, parasites, or undesirable species and subspecies of honeybees in the United States could cause substantial reductions in pollination by bees. These reductions could cause serious damage to crops and other plants and result in substantial financial losses to American agriculture.

Regulations for the importation of honeybees and honeybee semen and regulations to prevent the introduction of exotic bee diseases and parasites through the importation of bees other than honeybees, certain beekeeping products, and used beekeeping equipment are contained in 7 CFR part 322, “Bees, Beekeeping Byproducts, and Beekeeping Equipment.” These regulations require the use of certain information collection activities, including application for a permit, State consultation, written agreement to permit conditions, appealing denial of a permit application or revocation of permit, packaging and labeling, notice of arrival for shipments from approved regions, transit shipment, port of entry inspection, notification of escaped organisms, emergency action notification, request for release, request for risk assessment, request for facility approval, and recordkeeping for containment facilities.

We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities for an additional 3 years.

The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

(1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses.

Estimate of burden: The public burden for this collection of information is estimated to average 0.26 hours per response.

Respondents: Importers, exporters, and shippers of bees and related articles; foreign and State governments; and containment facilities.

Estimated annual number of respondents: 8.

Estimated annual number of responses per respondent: 31.

Estimated annual number of responses: 250.

Estimated total annual burden on respondents: 64 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

Background

In accordance with the provisions of the FACA and the Acts pursuant to the Land Between the Lakes, the U.S. Forest Service is seeking nominations for the purpose of providing advice to the Secretary of Agriculture on the following:

• Means of promoting public participation for the Land and Resource Management Plan;

• Environmental education;

• Develop an annual work plan for recreation and environmental education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund;

• Develop an annual forest management and harvest plan for the Recreation Area; and

• Maintain the balance and status of the Fund.

The Advisory Board will be comprised of 13 members approved by the Secretary of Agriculture where each will serve a 5-year term. Memberships shall include representation from the following interest areas:

(1) Four persons appointed by the Secretary of Agriculture, including:

(2) Two persons appointed by the Commissioner (or designee) of the Kentucky Department of Fish and Wildlife Resources;

(3) One person appointed by the Commissioner (or designee) of the Tennessee Wildlife Resources Agency; and

(4) 2 individuals shall be appointed by appropriate officials of each of the 3 counties containing the Recreation Area.

The appointment of members to the Land Between the Lakes Advisory Board will be made by the Secretary of Agriculture, or legislative designees. The public is invited to submit nominations for membership either as a self-nomination or a nomination of any qualified and interested person. Any individual or organization may nominate one or more qualified persons to represent the interest areas listed above. To be considered for membership, nominees must:

1. Be a resident of the State of Kentucky or

2. Be a resident of the State of Tennessee and

3. May not have served on the Land Between the Lakes Advisory Board within the past 5 years.

Persons with disabilities who require alternative means of communication for program information ( e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Equal opportunity practices in accordance with USDA's policies will be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken in account the needs of the diverse groups served by USDA, membership shall include to the extent possible, individuals with demonstrated ability to represent minorities, women, and persons with disabilities. USDA is an equal opportunity provider, employer, and lender.

This committee meeting is available to the public through the registration link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email lschiller@usccr.gov at least 10 business days prior to the meeting.

Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to David Mussatt at dmussatt@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at (312) 353-8311.

Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via www.facadatabase.gov under the Commission on Civil Rights, Florida Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Coordination Unit at lschiller@usccr.gov.

Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstance of finalizing the committee report on voting rights.

Background

On June 30, 2023, Commerce published the Final Results in the Federal Register . 1 On July 3, 2023, we received a timely submitted ministerial error allegation from SeAH Steel Corporation (SeAH). 2 We are amending the Final Results to correct the ministerial errors raised by SeAH.

Section 751(h) of the Tariff Act of 1930, as amended (the Act), defines a “ministerial error” as including “errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other unintentional error which the administering authority considers ministerial.”  3 With respect to final results of administrative reviews, 19 CFR 351.224(e) provides that Commerce “will analyze any comments received and, if appropriate, correct any . . . ministerial error by amending the final results of review . . . .”

In the Final Results, we made certain revisions to SeAH's preliminary results calculations, 4 including: (1) adjustments to SeAH's affiliate State Pipe & Supply, Inc.'s (State Pipe's) further manufacturing general and administrative (G&A) expense ratio;  5 (2) revisions to SeAH's G&A expense ratio;  6 and (3) revisions to SeAH's financial expense ratio. 7 In its Ministerial Error Comments, SeAH alleged that, in revising State Pipe's G&A expense ratio, Commerce included certain adjustments that it rejected in the Final Results. SeAH also alleged that in the comparison market and margin programs, Commerce failed to multiply SeAH's G&A and financial expense ratios by SeAH's total cost of manufacturing (COM) to determine the G&A and financial expenses included in SeAH's total cost of production. 8

We agree with SeAH that we made ministerial errors in the Final Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and have amended our calculations to correct State Pipe's G&A expense ratio and to apply SeAH's G&A and financial expense ratios to total COM in the comparison market and margin programs.

Pursuant to 19 CFR 351.224(e), we are amending the Final Results to correct these ministerial errors in the calculation of the weighted-average dumping margin for SeAH, which changes from 4.23 percent to 4.17 percent.

For a complete discussion of the ministerial error allegations, as well as Commerce's analysis, see the accompanying Ministerial Error Memorandum. 9 The Ministerial Error Memorandum is a public document and is on file electronically via ACCESS. ACCESS is available to registered users at https://access.trade.gov.

Furthermore, we are also amending the rate for the companies not selected for individual examination in this review based on the weighted-average dumping margins calculated for the mandatory respondents, 10 which changes from 3.27 percent to 3.24 percent. 11

As a result of correcting the ministerial errors described above, we determine the following weighted-average dumping margins for the period December 1, 2020, through November 30, 2021:

We intend to disclose the calculations performed in connection with these amended final results of review to parties in this review within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

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 amended final results of this review.

SeAH did not report the actual entered value for all of its U.S. sales; in such instances, we calculated importer-specific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. NEXTEEL's dumping margin did not change in these amended results; therefore, we continue to calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

For the companies not selected for individual review, we used an assessment rate based on the weighted average of the cash deposit rates calculated for NEXTEEL and SeAH. The amended final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the amended final results of this review and for the future deposits of estimated duties where applicable. 13

Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by SeAH for which it did not know that the merchandise it sold to an intermediary ( e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.

Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the amended 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 following amended cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after June 30, 2023, the publication date of the Final Results, as provided by section 751(a)(2)(C) of the Act: (1) the amended cash deposit rate for the companies listed above will be equal to the weighted-average dumping margin established in these amended final results of review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed 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 original investigation but the producer has been covered in a prior completed segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.38 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 serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition 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 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 sanctionable violation.

We are issuing and publishing these amended final results of review in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e).

Background

On September 13, 2016, Commerce published in the Federal Register the antidumping duty order on HWR from Korea. 1 On September 1, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order. 2 On November 3, 2022, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an antidumping duty administrative review of three producers and exporters of the subject merchandise. 3 On November 7, 2022, Dong-A-Steel Co., Ltd. and SeAH Steel Corporation (collectively, DOSCO/SeAH) withdrew its request for an administrative review. 4 Commerce issued the antidumping duty (AD) questionnaire to the two remaining companies, HiSteel Co., Ltd. (HiSteel) and NEXTEEL Co., Ltd. (NEXTEEL). On December 20, 2022, HiSteel withdrew its request for an administrative review. 5 Thus, we conducted a review with respect to the sole remaining company subject to the administrative review, NEXTEEL.

On May 5, 2023, Commerce extended the preliminary results of this review until August 1, 2023. 6 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 7

The products covered by the Order are certain heavy walled rectangular welded steel pipes and tubes from Korea. 8

Commerce is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act.

For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an appendix 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 Service 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.

Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws its request within 90 days of the date of publication of notice of initiation. Because as stated above, DOSCO/SeAH and HiSteel withdrew their respective review requests, and no other party requested an administrative review of these companies, we are rescinding the administrative review with respect to DOSCO/SeAH and HiSteel, pursuant to 19 CFR 351.213(d)(1).

We preliminarily determine that the following weighted-average dumping margin exists for the period September 1, 2021, through August 31, 2022:

Commerce intends to disclose the calculations performed to interested parties within five days after public announcement of the preliminary results. 9 Interested parties may submit case briefs no later than 30 days after the date of publication of this notice. 10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the deadline for filing case briefs. 11 Interested parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. 12 Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice. 13

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. 14 Hearing requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.

On February 7, 2023, Nucor Tubular Products Inc., a domestic interested party, requested that Commerce conduct verification of NEXTEEL's responses. Accordingly, as provided in section 782(i)(3) of the Act, we verified information relied upon for the preliminary results of this review.

Upon completion of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. 15 If the weighted average dumping margin for NEXTEEL is not zero or de minimis ( i.e., less than 0.5 percent) in the final results of this review, we intend to calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). 16 If the weighted-average dumping margin or an importer-specific assessment rate is zero or de minimis in the final results of review, we intend to instruct CBP to liquidate entries without regard to antidumping duties. 17 The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. 18

For entries of subject merchandise during the POR produced by NEXTEEL for which it did not know that the merchandise it sold was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. 19

Because Commerce is rescinding this review with respect to DOSCO/SeAH and HiSteel, Commerce will instruct CBP to assess antidumping duties on all appropriate entries of HWR during the POR at rates equal to the cash deposit rate of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).

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 following deposit requirements will be effective upon publication in the Federal Register of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the exporter listed above will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is less than 0.50 percent and therefore de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (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 cash deposit rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, or a previous segment, but the producer is, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 3.24 percent, the all-others rate established in the less-than-fair-value investigation. 20 These deposit requirements, when imposed, shall remain in effect until further notice.

Unless the deadline is otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised by interested parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

This notice serves as a preliminary 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.

We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

Background

On July 13, 2015, we published in the Federal Register an antidumping duty order on certain steel nails from Malaysia. 1 On July 1, 2022, we published in the Federal Register a notice of opportunity to request an administrative review of the Order. 2 On September 6, 2022, Commerce published the notice of initiation of the administrative review of the Order. 3 On March 28, 2023, we extended the time limit for completion of these preliminary results to July 28, 2023, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). 4

The products covered by the scope of the Order are certain steel nails from Malaysia. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. 5

Between September 21 and 29, 2022, we received letters from non-selected respondents Astrotech Steels Private Limited (Astrotech), Geekay Wires Limited (Geekay), Modern Factory for Steel Industries Co. Ltd. (Modern), and Trinity Steel Private Limited (Trinity), timely notifying Commerce that they had no exports, sales, or entries of subject merchandise during the POR. 6 We issued a no-shipment inquiry to U.S. Customs and Border Protection (CBP) with respect to each of these four companies, and CBP responded that it has no record of any shipments of subject merchandise for these companies during the POR. 7 Thus, we preliminarily determine that Astrotech, Geekay, Modern, and Trinity had no shipments during the POR. Consistent with Commerce's practice, we find that it is not appropriate to rescind the review with respect to Astrotech, Geekay, Modern, and Trinity, but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of this review. 8

Commerce is conducting this review in accordance with section 751(a) of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. 9 A list of the 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 made available to the public 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 Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

The statute 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}.”

In these preliminary results, we have calculated a non- de minimis weighted-average margin for Region International Co., Ltd. and Region System Sdn. Bhd. (collectively, Region). Region's weighted-average dumping margin was not determined entirely on the basis of facts available. However, we calculated a weighted-average margin of zero for Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax). Accordingly, for the preliminary results of this review, we are assigning the dumping margin determined for Region to the non-selected mandatory respondents. Therefore, the preliminary rate for non-selected respondents is 1.08 percent.

We preliminarily determine that the following weighted-average dumping margins exist for the period July 1, 2021, through June 30, 2022:

We intend to disclose the calculations performed to parties in this administrative review within five days after public announcement of the preliminary results, in accordance with 19 CFR 351.224(b).

Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs. 11 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 12 Parties who submit case briefs or rebuttal briefs in this administrative review are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. 13

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. 14

Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act.

Upon issuing the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If the weighted-average dumping margin for a mandatory respondent is not zero or de minimis in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1). 15 If the weighted-average dumping margin is zero or de minimis in the final results of review, or if an importer-specific assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties. 16 For entries of subject merchandise during the period of review produced by the respondents for which they did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries. 17

If we continue to find in the final results that Astrotech, Geekay, Modern, and Trinity had no shipments of subject merchandise during the POR, we will instruct CBP to liquidate any suspended entries that entered under their antidumping duty case numbers ( i.e., at that exporter's rate) at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.

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 the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, 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 company-specific weighted-average dumping 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 2.66 percent, the all-others rate established in the less-than-fair-value investigation. 18 These cash deposit requirements, when imposed, shall remain in effect until further notice.

This notice serves as a preliminary 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.

Commerce is issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).

During this meeting, the EOP Committee and AP will resume their comprehensive review of the Council's Ecosystem Approach to the Fisheries Management (EAFM) risk assessment. This meeting is a continuation of the July 7, 2023, EOP meeting where the Committee and AP will finish providing input on the remaining draft risk elements, definitions, and indicators that may be included in an updated risk assessment. The EOP Committee and AP will continue their review later this summer with an updated risk assessment for Council review and consideration in the fall of 2023.

A detailed agenda and background documents will be made available on the Council's website ( www.mafmc.org ) prior to the meeting.

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to Shelley Spedden, (302) 526-5251, at least 5 days prior to the meeting date.

The purpose of this meeting is to familiarize the HMSAS with relevant topics to be taken up at the September 2023 Pacific Council meeting and begin considering the contents of reports the HMSAS may wish to submit to the Council. The HMSAS also may discuss a joint meeting with the HMS Management Team coincident with the September Council meeting to plan a workshop on West Coast swordfish fisheries and transition of the California drift gillnet fishery. An agenda for the HMSAS meeting will be posted on the Council's website at least one week prior to the meeting.

Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt ( kris.kleinschmidt@noaa.gov; ((503) 820-2412) at least 10 days prior to the meeting date.

Authority: 16 U.S.C. 1801 et seq.

Background

The 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 proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review.

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 the species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below.

On December 28, 2022, NMFS received a request from Caltrans for an IHA to take marine mammals incidental to construction activities to restore portions of the Richmond-San Rafael Bridge. Following NMFS' review of the application, Caltrans submitted a revised version on April 14, 2023, which was deemed adequate and complete on May 11, 2023. Caltrans' request is for take of harbor seals ( Phoca vitulina ) by Level B harassment only. Neither Caltrans nor NMFS expect serious injury or mortality to result from this activity and, therefore, an IHA is appropriate. There are no changes from the proposed authorization to the final authorization.

Caltrans will conduct construction activities to restore a portion of the Richmond-San Rafael Bridge. Prior to restoration work Caltrans will install a debris containment system to ensure contaminants from construction are not deposited into San Francisco Bay. During the deployment and retrieval of the containment system disturbance ( i.e., Level B harassment) of harbor seals may occur. Once the debris containment system is deployed the restoration work on the bridge is not expected to result in any takes of marine mammals, as the containment system is expected to shield seals from disturbance as a result of visual and acoustic stimuli. Takes of harbor seals will occur at the nearby Castro Rocks haulout. The Richmond-San Rafael Bridge is located in the northern portion of San Francisco Bay and is located between Richmond, CA and San Rafael, CA. The debris containment system will be used on Piers 52-57. The deployment and retrieval of the containment system will only occur during between August 1 and March 30 to avoid pupping and molting seasons of harbor seals.

It is expected that the debris containment system will take up to 20 days to deploy and 10 days to remove (30 total days). The debris containment system will only be deployed during daylight hours but restoration work will occur throughout the day and night following deployment.

A detailed description of the planned construction project is provided in the Federal Register notice for the proposed IHA (88 FR 41920, June 28, 2023). Since that time, no changes have been made to the planned activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity.

A notice of NMFS' proposal to issue an IHA to Caltrans was published in the Federal Register on June 28, 2023 (88 FR 41920). That notice described, in detail, Caltrans' activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. In that notice, we requested public input on the request for authorization described therein, our analyses, the proposed authorization, and any other aspect of the notice of proposed IHA, and requested that interested persons submit relevant information, suggestions, and comments. During the 30-day public comment period, NMFS did not receive any public comments.

Sections 3 and 4 of the application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history of the potentially affected species. NMFS fully considered all of this information, and we refer the reader to these descriptions in materials that are referenced in the document, instead of reprinting the information. Additional information regarding population trends and threats may be found in NMFS' Stock Assessment Reports (SARs; www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments ) and more general information about these species ( e.g., physical and behavioral descriptions) may be found on NMFS' website ( https://www.fisheries.noaa.gov/find-species ).

Table 1 lists all species or stocks for which take is expected and authorized for this activity, and summarizes information related to the population or stock, including regulatory status under the MMPA and Endangered Species Act (ESA) and potential biological removal (PBR), where known. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS' SARs). While no serious injury or mortality is anticipated or authorized here, PBR and annual serious injury and mortality from anthropogenic sources are included here as gross indicators of the status of the species or stocks and other threats.

Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS' stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. All managed stocks in this region are assessed in NMFS' Pacific SARs, and NMFS has reviewed the most current information for the species. All values presented in Table 1 are the most recent available at the time of publication and are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.

A detailed description of the species likely to be affected by the construction project, including a brief introduction to the affected stock as well as available information regarding population trends and threats, and information regarding local occurrence, were provided in the Federal Register notice for the proposed IHA (88 FR 41920, June 28, 2023); since that time, we are not aware of any changes in the status of the stock; therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description. Please also refer to NMFS' website ( https://www.fisheries.noaa.gov/find-species ) for generalized species accounts.

The effects of the installation and removal of the debris containment system from Caltrans' construction activities have the potential to result in behavioral harassment of marine mammals in the vicinity of the survey area. The notice of proposed IHA (88 FR 41920, June 28, 2023) included a discussion of the effects of the visual disturbance of the installation and removal of the debris containment system on marine mammals and the potential effects of that activity on marine mammals and their habitat. That information and analysis is not repeated here; please refer to the notice of proposed IHA (88 FR 41920, June 28, 2023).

This section provides an estimate of the number of incidental takes authorized through the IHA, which will inform both NMFS' consideration of “small numbers,” and the negligible impact determination.

Harassment is the only type of take expected to result from these activities. Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

Authorized takes are by Level B harassment only, in the form of disruption of behavioral patterns for individual marine mammals resulting from exposure to the novel stimulus of the installation and removal of the debris containment system. Based on the nature of the activity, Level A harassment is neither anticipated nor authorized.

As described previously, no serious injury or mortality is authorized for this activity. Below, we describe how the take numbers are estimated.

In this section, we provide information about the occurrence of marine mammals, including density or other relevant information, which will inform the take calculations. We will also describe how this information is brought together to produce a quantitative take estimate for each species.

Castro Rocks is the largest harbor seal haulout site in northern San Francisco Bay and is the second largest pupping site in San Francisco Bay (Kopec and Harvey 1995). The harbor seal pupping season is from April to July in San Francisco Bay. Seals are present on the haulout year round during medium to low tides (Green et al., 2004). Recent observations at the Castro Rocks haulout site reported approximately 300 seals during the pupping and molting seasons (Codde and Allen, 2020). The highest mean number of harbor seals observed at Castro Rocks during recent annual National Park Service surveys was 237 seals observed in 2019 (Codde and Allen, 2013, 2015, 2017, 2020; Codde 2020).

Caltrans expects to harass approximately 300 harbor seals per day during the installation and removal of the debris containment system. It is expected to take 30 days for Caltrans to complete this process. Based on these assumptions Caltrans requested authorization of 9,000 takes by Level B harassment of harbor seals while hauled out. NMFS concurs with this request.

In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and other means of effecting the least practicable impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stock for taking for certain subsistence uses (latter not applicable for this action). NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks, and their habitat (50 CFR 216.104(a)(11)).

In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, NMFS considers two primary factors:

(1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated (likelihood, scope, range). It further considers the likelihood that the measure will be effective if implemented (probability of accomplishing the mitigating result if implemented as planned), the likelihood of effective implementation (probability implemented as planned), and;

(2) The practicability of the measures for applicant implementation, which may consider such things as cost, and impact on operations.

Caltrans must implement the following measures during Phase II of the Richmond-San Rafael Bridge Restoration Project:

(1) Seasonal Work Restrictions: installation or removal of the debris containment system must not occur between Piers 52-57 from April 1-July 31 due to the pupping and molting period of harbor seals.

(2) Work must not take place outside of the containment system on the bridge between Piers 52-57 from April 1 to July 31.

(3) A non-disturbance buffer will be established within 400 feet (121 meters) of Castro Rocks on the south side of bridge.

(4) Staging of barges will not be allowed in the project area.

(5) Routes for watercraft to reach work locations will be predetermined in consultation with the project biologist to avoid harassment or take of marine mammals hauled out at Castro Rocks.

(6) No piles may be driven or vibrated to create staging locations for any watercraft. Barges and vessels will be tethered to the existing concrete bridge piers.

Based on our evaluation of the applicant's measures, NMFS has determined that the mitigation measures provide the means of effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking. The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present while conducting the activities. Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.

Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following:

• Occurrence of marine mammal species or stocks in the area in which take is anticipated ( e.g., presence, abundance, distribution, density);

• Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) action or environment ( e.g., source characterization, propagation, ambient noise); (2) affected species ( e.g., life history, dive patterns); (3) co-occurrence of marine mammal species with the activity; or (4) biological or behavioral context of exposure ( e.g., age, calving or feeding areas);

• Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors;

• How anticipated responses to stressors impact either: (1) long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks;

• Effects on marine mammal habitat ( e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat); and,

• Mitigation and monitoring effectiveness.

Caltrans will monitor to collect data on marine mammal behavior, counts of the individuals observed, and the frequency of the observations. Caltrans will collect sighting data and observations on behavioral responses to construction for marine mammal species observed in the region of activity during the period of construction. All observers will be trained in the identification of marine mammals and marine mammal behaviors.

• Protected species observers (PSOs) must be independent observers ( i.e., not construction personnel). All PSOs must have the ability to conduct field observations and collect data according to assigned protocols, be experienced in field identification of marine mammals and their behaviors. Caltrans must submit their resumes to NMFS for approval;

• Biological monitoring must occur 5 days prior to the Project's start date, to establish baseline observations.

• Observation periods will encompass different tide levels and hours of the day. Monitoring of marine mammals around the construction site will be conducted using binoculars as necessary.

• The location of the PSOs will be at a monitoring platform positioned on Pier 55 of the Richmond-San Rafael Bridge, at the closest pier of the Richmond-San Rafael Bridge to Castro Rocks. Pier 55 is approximately 21 meters from the nearest rock at Castro Rocks harbor seal colony.

Caltrans will record detailed information about counts and behaviors of all marine mammal species observed, times of observations, construction activities that occurred, any visual disturbances, and weather conditions, with particular focus on harbor seals at Castro Rocks. PSOs will use approved data forms to record the following information:

• Observation position and start and end times of observations;

• Weather conditions (sunny/cloudy, wind speed, fog, visibility), temperature, tide level, current, and sea state;

• Species counts (including with or without pup, and, if possible, sex and age classes of any observed marine mammal species;

• Identifying marks or color (scars, red pelage, etc. );

• Position relative to Richmond-San Rafael bridge (distance and direction);

• Movement (direction and relative speed);

• Behavior (logging (resting at the surface), swimming, spyhopping (raising above the water surface to view the area), foraging, etc. );

• Duration of sighting or times of multiple sightings of the same individual; and

• Details of any marine mammal behavioral disturbances, including information regarding the activity ( e.g. disturbance from the containment system installation and removal or construction related disturbance within or outside the containment system), the type of behavioral response to the disturbance (flushing or head posturing), and the rate of disturbance on Castro Rocks. Disturbance events must be categorized according to the 3-point scale as shown in Table 2.

Caltrans shall submit a draft report to NMFS within 90 days of the completion of marine mammal monitoring, or 60 days prior to the issuance of any subsequent IHA for this project (if required), whichever comes first. The annual report will detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. If no comments are received from NMFS within 30 days, the draft final report will become final. If comments are received, a final report must be submitted up to 30 days after receipt of comments. All PSO datasheets and/or raw sighting data must be submitted with the draft marine mammal report.

Reports shall contain the following information:

• Dates and times (begin and end) of all marine mammal monitoring;

• Construction activities occurring during each daily observation period including: (a) what type of restoration work is being completed, and (b) the total duration of work completed;

• PSO locations during monitoring; and

• Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance.

Upon observation of a marine mammal, the following information must be reported:

• Name of PSO who sighted the animal(s) and PSO location and activity at time of sighting;

• Time of sighting;

• Identification of the animal(s) ( e.g., genus/species, lowest possible taxonomic level, or unidentified), and PSO confidence in identification;

• Distance and location of each observed marine mammal relative to the bridge restoration work;

• Estimated number of animals by species (min/max/best estimate);

• Estimated number of animals by cohort (adults, pups, and group composition, etc. );

• Description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity ( e.g., no response or changes in behavioral state such flushing or head posturing); and

• Detailed information about implementation of any mitigation measures, a description of specified actions that ensured, and resulting changes in behavior of the animal(s), if any.

In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by the IHA (if issued), such as an injury (Level A harassment), serious injury or mortality ( e.g., ship-strike, gear interaction, and/or entanglement), Caltrans will immediately cease the specified activities and immediately report the incident to the Office of Protected Resources ( PR.ITP.MonitoringReports@noaa.gov ) and the West Coast Regional Stranding Coordinator. The report will include the following information:

• Time, date, and location (latitude/longitude) of the incident;

• Name and type of vessel involved (if applicable);

• Vessel's speed during and leading up to the incident (if applicable);

• Description of the incident;

• Status of all sound source used in the 24 hours preceding the incident;

• Water depth;

• Environmental conditions ( e.g., wind speed and direction, sea state, cloud cover, and visibility);

• Description of all marine mammal observations in the 24 hours preceding the incident;

• Species identification or description of the animal(s) involved;

• Fate of the animal(s); and

• Photographs or video footage of the animal(s) (if equipment is available).

Activities will not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with Caltrans to determine necessary actions to minimize the likelihood of further prohibited take and ensure MMPA compliance. Caltrans will not be able to resume their activities until notified by NMFS via letter, email, or telephone.

In the event that Caltrans discovers an injured or dead marine mammal, and the lead PSO determines that the cause of the injury or death is unknown and the death is relatively recent ( i.e., in less than a moderate state of decomposition as described in the next paragraph), Caltrans will immediately report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator. The report will include the same information identified in the section above. Activities will be able to continue while NMFS reviews the circumstances of the incident. NMFS will work with Caltrans to determine whether modifications in the activities are appropriate.

In the event that Caltrans discovers an injured or dead marine mammal, and the lead PSO determines that the injury or death is not associated with or related to the activities authorized in the IHA ( e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), Caltrans will report the incident to Office of Protected Resources, NMFS, and West Coast Regional Stranding Coordinator, within 24 hours of the discovery. Caltrans will provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. Construction activities will be permitted to continue.

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). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival ( i.e., population-level effects). An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through harassment, NMFS considers other factors, such as the likely nature of any impacts or responses ( e.g., intensity, duration), the context of any impacts or responses ( e.g., critical reproductive time or location, foraging impacts affecting energetics), as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS' implementing regulations (54 FR 40338, September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the baseline ( e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels).

NMFS does not expect Caltrans' construction activities to cause long-term behavioral disturbance that will negatively impact an individual animal's fitness, or result in injury, serious injury, or mortality. Although the installation and deployment of the debris containment system may disturb harbor seals hauled out at Castro Rocks, NMFS expects those impacts to be of short duration (20 days for installation and 10 day for removal) with minimal effect to the animals. Minor and brief responses including short-duration startle reactions, are not likely to constitute disruption of behavioral patterns, such as migration, nursing, breeding, feeding, or sheltering.

The harbor seal stock for which incidental take is authorized is not listed as threatened or endangered under the ESA or determined to be strategic or depleted under the MMPA. The mitigation and monitoring measures, including the establishment of seasonal work schedules, a non-disturbance buffer around Castro Rocks, and watercraft routes, will minimize disturbance of seals on Castro Rocks and make Level A harassment unlikely. Therefore, the mitigation and monitoring measures are expected to eliminate the potential for Level A harassment as well as reduce the amount and intensity for Level B harassment. The construction activities analyzed here are similar to, or less impactful than, numerous construction activities conducted in other similar locations which have occurred with no reported injuries or mortality to marine mammals, and no known long-term adverse consequences from behavioral harassment.

Anticipated and authorized takes are expected to be limited to short-term Level B harassment (behavioral disturbance) as construction activities will occur over the course of 30 days. Effects on individuals taken by Level B harassment, based upon reports in the literature as well as monitoring from other similar activities, may include increased swimming speeds, increased surfacing time, or decreased foraging ( e.g., Thorson and Reyff 2006). Individual animals, even if taken multiple times, would likely move away from the visual disturbance of the debris containment system installation and removal. Repeated exposures of individuals to this visual disturbance that could cause Level B harassment are unlikely to considerably disrupt foraging behavior or result in significant decrease in fitness, reproduction, or survival for the affected individuals. In all, there will be no adverse impacts to the stock as a whole.

There is no unusual mortality event (UME) currently associated with the harbor seal stock and there are no Biologically Important Areas or known important habitat, aside from Castro Rocks itself, within the project area. While essential fish habitat (EFH) for several fish species does exist in the project area, the activities will not modify existing marine mammal habitat since there is no in-water work. This construction activity should not impact marine mammals' foraging opportunities.

In summary and as described above, the following factors support our determination that the impacts resulting from this activity are not expected to adversely affect any of the species or stocks through effects on annual rates of recruitment or survival:

• No serious injury or mortality is anticipated or authorized;

• Anticipated impacts of Level B harassment include temporary behavior modifications;

• Short duration and intermittent nature of the debris containment system deployment and removal;

• The specified project area is very small relative to the overall habitat ranges of the species and do not include habitat areas of special significance (Biologically Important Areas);

• The lack of anticipated significant or long-term effects to marine mammal habitat;

• The presumed efficacy of the mitigation measures in reducing the effects of the specified activity; and,

• Monitoring reports from other construction work in San Francisco Bay have documented little to no effect on individuals of the same species impacted by the specified activities.

Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the monitoring and mitigation measures, NMFS finds that the total marine mammal take from the activity will have a negligible impact on the affected marine mammal stock.

As noted previously, only take of small numbers of marine mammals may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer than one-third of the species or stock abundance, the take is considered to be of small numbers. Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities.

The amount of take NMFS authorizes in the IHA is below one-third of the estimated stock abundance for harbor seals (see Estimated Take of Marine Mammals). The take percentage of the estimated stock of harbor seals, if all estimated take events are assumed to occur to new individuals, is 29.1 percent. However, this take estimate is assumed to represent repeated takes of the same individuals over time and, therefore, the take estimate represents a significantly smaller actual percentage of the total stock. It is expected that approximately 300 harbor seals are hauled out on Castro Rocks on any given day during the project. The majority of these 300 individuals are expected to be comprised of the same animals during the duration of the project. Therefore, it can be reasonably expected that the percentage of individuals of the overall stock of harbor seals is closer to approximately 1 percent.

Based on the analysis contained herein of the activity (including the mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks.

There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks will not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

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.

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 evaluate our proposed action ( i.e., the issuance of an IHA) and alternatives with respect to potential impacts on the human environment.

This action is consistent with categories of activities identified in Categorical Exclusion B4 (IHAs with no anticipated serious injury or mortality) of the Companion Manual for NAO 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 has determined that the issuance of this IHA qualifies to be categorically excluded from further NEPA review.

NMFS has issued an IHA to Caltrans for the potential harassment of small numbers of harbor seals incidental to the Phase II of the Richmond-San Rafael Bridge Restoration Project in Richmond, CA, that includes the previously explained mitigation, monitoring and reporting requirements.

Agenda

The Advisory Panel will discuss draft alternatives for the Northern Edge Habitat Scallop Framework. They will discuss progress towards completion of the Council's 5-year EFH review. They will also review recent Council coordination with BOEM and NOAA related to offshore wind leasing in the Gulf of Maine, and on other offshore wind issues. Also on the agenda is habitat work priorities for 2024. In addition to habitat actions, the Advisory Panel should identify offshore wind and aquaculture-related work items. Other business may be discussed as necessary.

Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the date. This meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request.

Authority: 16 U.S.C. 1801 et seq.

Additions

On 7/31/2023, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed additions to the Procurement List. This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3.

After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the service(s) and impact of the additions on the current or most recent contractors, the Committee has determined that the service(s) listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the service(s) to the Government.

2. The action will result in authorizing small entities to furnish the service(s) to the Government.

3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the service(s) proposed for addition to the Procurement List.

Accordingly, the following service(s) are added to the Procurement List:

The Committee finds good cause to dispense with the 30-day delay in the effective date normally required by the Administrative Procedure Act. See 5 U.S.C. 553(d). This addition to the Committee's Procurement List is effectuated because of the expiration of the Department of the Air Force Camp Bullis US Army Training Center, San Antonio, TX contract. The Federal customer contacted and has worked diligently with the AbilityOne Program to fulfill this service need under the AbilityOne Program. To avoid performance disruption, and the possibility that the Department of the Air Force will refer its business elsewhere, this addition must be effective on 8/27/2023, ensuring timely execution for a 9/1/2023 start date while still allowing 23 days for comment. The Committee also published a notice of proposed Procurement List addition in the Federal Register on 6/30/2023 and did not receive any comments from any interested persons. This addition will not create a public hardship and has limited effect on the public at large, but, rather, will create new jobs for other affected parties—people with significant disabilities in the AbilityOne program who otherwise face challenges locating employment. Moreover, this addition will enable Federal customer operations to continue without interruption.

On 6/30/2023, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletions from the Procurement List. This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3.

After consideration of the relevant matter presented, the Committee has determined that the product(s) listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities.

2. The action may result in authorizing small entities to furnish the product(s) to the Government.

3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the product(s) deleted from the Procurement List.

Accordingly, the following product(s) are deleted from the Procurement List:

This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

The following product(s) are proposed for deletion from the Procurement List:

Congress directed the establishment of the Commission on the Naming of Items of the DoD that Commemorate the Confederate States of America or Any Person Who Served Voluntarily with the Confederate States of America (the Naming Commission) in section 370 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (FY21 NDAA). Regarding the Confederate Memorial, the Naming Commission recommended the following:

The FY21 NDAA, section 370(a), requires that “[n]ot later than three years after the date of the enactment of this Act, the Secretary of Defense shall implement the plan submitted by [the Naming Commission] and remove all names, symbols, displays, monuments, and paraphernalia that honor or commemorate the Confederate States of America . . . or any person who served voluntarily with the Confederate States of America from all assets of the Department of Defense.”

The purpose of the proposed action is to remove from ANC a monument that commemorates the Confederate States of America. The need for the proposed action is to comply with non-discretionary congressional direction. The removal of the Confederate Memorial must be conducted in a manner that ensures the safety of the people who work at and visit ANC and that protects surrounding graves and monuments. The entire process, including disposition, must occur according to applicable laws, policies, and regulations.

The EIS will look at the impacts of removal of the statue atop the monument, disassembly of the bronze elements, and disposition of both. The Army intends to leave the granite base and foundation in place. NEPA requires consideration of a no-action alternative as a baseline against which impacts of the proposed action can be analyzed. The no-action alternative—while serving as a baseline for analysis—will not be considered for implementation, as it would not comply with congressional direction.

The EIS will consider potential adverse impacts associated with the proposed action. The EIS will also contemplate measures that would avoid, minimize, or mitigate identified adverse impacts. The proposed action is expected to require review and approval by the Commission of Fine Arts and coordination with the National Capital Planning Commission. The decision-making process will include publication of a Draft EIS, a Final EIS, and a Record of Decision.

Federal, Tribal, state, and local agencies, along with members of the public, are invited to participate in the NEPA and NHPA processes. The NEPA scoping process will identify factors that will influence the NEPA analysis, including alternatives and mitigation. The EIS will address input provided during the August 23, 2023, meeting and the 30-day public scoping period, along with other information and analyses relevant to the proposed action.

The August 23, 2023 meeting will initiate the public consultation process required by the NHPA. The Army will seek input regarding alternatives that will avoid, minimize, or mitigate adverse effects of the monument's removal. In terms of the NHPA, the scoping process will provide the public with information about the undertaking and its effects on historic properties and will seek public comment and input in accordance with 36 CFR 800.2(d). Interested persons may submit written comments. Written comments must be sent within 30 days of publication of this NOI in the Federal Register .

A virtual public meeting will be held August 23, 2023. The meeting time and instructions on how to access the meeting will be publicly announced, including on the ANC web page. Pertinent materials, including all posters, fact sheets, and comment forms, will be made available online at: https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal.

Extension of Comment Period. On June 2, 2023, a Notice of Intent (NOI) was published in the Federal Register for a 30-day scoping period for the MSCIP SEIS (88 FR 36285). However, it was brought to USACE's attention that one of the email addresses provided in the June 2, 2023 NOI and the June 7, 2023 scoping meeting invitation and meeting materials was incorrect. Emails sent to the incorrect address may not have been received; those who submitted comments are welcome to resubmit them. This notice also announces USACE intent to seek public input on the scope of the SEIS, information, or topics to be addressed, and public concerns surrounding the proposed action. A public meeting was held on June 7, 2023 in Port Lavaca, TX. Comments received during the June scoping period in addition to this additional scoping period, will be considered during development of the SEIS. The extension of the comment period ends on September 5, 2023.

Public Disclosure Statement. If you wish to comment, you may use the mail or email your comments as indicated under the ADDRESSES section of this notice. Before including your address, phone number, email address, or any other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made available to the public at any time. While you can request in your comment for us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

Background: The Denali Commission's mission is to partner with tribal, federal, state, and local governments and collaborate with all Alaskans to improve the effectiveness and efficiency of government services, to build and ensure the operation and maintenance of Alaska's basic infrastructure, and to develop a well-trained labor force employed in a diversified and sustainable economy.

By creating the Commission, Congress mandated that all parties involved partner together to find new and innovative solutions to the unique infrastructure and economic development challenges in America's most remote communities. Pursuant to the Denali Commission Act, the Commission determines its own basic operating principles and funding criteria on an annual federal fiscal year (October 1 to September 30) basis. The Commission outlines these priorities and funding recommendations in an annual work plan. The FY 2024 Work Plan was developed in the following manner.

• At a meeting of the Denali Commissioners the Commissioners voted to adopt the FY 2024 Workplan.

• The work plan was published on Denali.gov for review by the public in advance of public testimony.

• A public hearing was held to record public comments and recommendations on the preliminary draft work plan.

• No public comments were received.

• The Federal Co-Chair prepared the draft work plan for publication in the Federal Register providing a 30-day period for public review and written comment. During this time, the draft work plan will also be disseminated to Commission program partners including, but not limited to, the Bureau of Indian Affairs (BIA), the Economic Development Administration (EDA), Department of Agriculture—Rural Utilities Service (USDA/RUS), and the State of Alaska.

• At the conclusion of the Federal Register Public comment period Commission staff will provide the Federal Co-Chair with a summary of public comments and recommendations, if any, on the draft work plan.

• If no revisions are made to the draft, the Federal Co-Chair will provide notice of approval of the work plan to the Commissioners, and forwards the work plan to the Secretary of Commerce for approval; or, if there are revisions the Federal Co-Chair provides notice of modifications to the Commissioners for their consideration and approval, and upon receipt of approval from Commissioners, forwards the work plan to the Secretary of Commerce for approval.

• The Secretary of Commerce approves the work plan.

• The Federal Co-Chair then approves grants and contracts based upon the approved work plan.

The Commission has historically received federal funding from several sources. The two primary sources at this time include the Energy & Water Appropriation Bill (“base” or “discretionary” funds), Transportation Housing and Urban Development (THUD) and an annual allocation from the Trans-Alaska Pipeline Liability (TAPL) fund. The proposed FY 2024 Work Plan assumes the Commission will receive $15,000,000 of base funds, which is the amount referenced in the reauthorization of the Commission passed by Congress in 2016 (ref: Public Law 114-322), $20,000,000 from THUD, less administrative expenses, and a $2,917,000 TAPL allocation based on discussions with the Office of Management and Budget (OMB). Approximately $4,000,000 of the base funds will be used for administrative expenses and non-project program support. The total base funding shown in the Work Plan also includes an amount typically available from project closeouts and other de-obligations that occur in any given year. Approximately $117,000 of the TAPL funds will be utilized for administrative expenses and non-project program support, leaving $2,800,000 available for program activities. Absent any new specific direction or limitations provided by Congress these funding sources are governed by the following general principles, either by statute or by language in the Work Plan itself:

• Funds from the Energy & Water Appropriation are eligible for use in all programs.

• TAPL funds can only be used for bulk fuel related projects and activities while THUD funds can only be used for Transportation.

• Appropriated funds may be reduced due to Congressional action, rescissions by OMB, and other federal agency actions.

• All investment amounts identified in the work plan, are “up to” amounts, and may be reassigned to other programs included in the current year work plan, if they are not fully expended in a program component area or a specific project.

• Funds set aside for administrative expenses that subsequently become available, may be used for program activities included in the current year work plan.

Authority: Pub. L. 105-277 section 304(b)(1).

On May 23, 2023, we published the NIA in the Federal Register (88 FR 33126) for Early-phase Grants. Under the NIA, applications were due on August 1, 2023. We are reopening this competition to allow affected applicants (as defined under Eligibility ) more time—until August 16, 2023—to prepare and submit their applications.

Eligibility: The extended application deadline only applies to eligible applicants under the Early-phase Grants competition that are affected applicants. An eligible applicant for this competition is defined in the NIA. To qualify as an affected applicant, the applicant must have a mailing address that is located in the federally declared disaster areas and must provide appropriate supporting documentation, if requested.

The applicable federally declared disaster area under this declaration is the area in which assistance to individuals or public assistance has been authorized under FEMA's disaster declaration for New York Severe Storms and Flooding (DR-4723-NY), Vermont Severe Storms, Flooding, Landslides, and Mudslides (DR-4720-VT), and Oklahoma Severe Storms, Straight-line Winds, and Tornadoes (DR-4721-OK). See the disaster declarations at: https://www.fema.gov/disaster/4723, https://www.fema.gov/disaster/4720, and https://www.fema.gov/disaster/4721.

Affected applicants that have already timely submitted applications under the FY 2023 Early-phase Grants competition may resubmit applications on or before the extended application deadline of August 16, 2023, but are not required to do so. If a new application is not submitted, the Department will use the application that was submitted by the original deadline. If a new application is submitted, the Department will consider the application that is last submitted and timely received by 11:59:59 p.m., Eastern Time, on August 16, 2023.

Any application submitted by an affected applicant under the extended deadline must contain evidence ( e.g., the applicant organization mailing address) that the applicant is located in one of the applicable federally declared disaster areas and, if requested, the applicant must provide appropriate supporting documentation.

The application period is not reopened for all applicants. Applications from applicants that are not affected applicants, as defined above, will not be accepted past the August 1, 2023 deadline.

Program Authority: 20 U.S.C. 7261.

Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT , individuals with disabilities can obtain this document, the NIA, 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.

On June 2, 2023, we published the NIA for the FY 2023 SASI competition in the Federal Register (88 FR 36294). The NIA established a deadline of August 7, 2023, for eligible applicants to submit applications. We are extending the deadline for transmittal of applications for all eligible applicants under this competition until August 18, 2023. We are extending the deadline in order to allow all applicants more time to prepare and submit their applications. Applicants that have already timely submitted applications under this competition may resubmit applications, but are not required to do so. If a new application is not submitted, the Department will use the application that was submitted by the original deadline. If a new application is submitted, the Department will consider the application that is last submitted and timely received.

Information about SASI is available on the Department's website at https://oese.ed.gov/offices/school-infrastructure-programs-sip/.

Program Authority: Section 4631(a)(1)(B) of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 7281); Department of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Bill, 2023, H.R. 117-403, www.congress.gov/congressional-report/117th-congress/house-report/403/1.

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.

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: Evaluation of the REL Midwest Teaching Fractions Toolkit.

OMB Control Number: 1850-NEW.

Type of Review: A new ICR.

Respondents/Affected Public: Individuals and Households.

Total Estimated Number of Annual Responses: 206.

Total Estimated Number of Annual Burden Hours: 187.

Abstract: The U.S. Department of Education is supporting the development and evaluation of a toolkit that supports the implementation of effective grade 6 fractions instruction based on the evidence-based recommendations in the Developing Effective Fractions Instruction for Kindergarten Through 8th Grade practice guide. The evaluation will rigorously test the efficacy of the toolkit in improving teacher self-efficacy and practices for fraction computation and rate and ratio instruction as well as student learning outcomes in grade 6 mathematics. The evaluation will use a blocked randomized controlled trial design in which schools within each district or within each block of similar schools will be randomly assigned to receive the toolkit. The evaluation will be conducted in 40 Illinois schools during the 2024/25 school year.

The evaluation will focus on measuring the toolkit's impact on three key outcomes: teacher self-efficacy for fraction computation and rate and ratio instruction, classroom practice for fraction computation and rate and ratio instruction, and students' ability to solve fraction computation and rate and ratio problems.

In addition to collecting data to measure teacher and student outcomes, the evaluation team will collect data to document the implementation of the toolkit in treatment schools and the service contrast between treatment and control schools and to describe the characteristics of participating schools, teachers, and students at baseline.

The evaluation will produce a publicly available report that summarizes evaluation findings. The findings from the evaluation will inform further refinement of the toolkit, to be released to the public after the evaluation.

On June 7, 2023, we published the NIA in the Federal Register (88 FR 37222). Under the NIA, applications are due on August 8, 2023. We are extending the deadline for transmittal of applications for affected applicants (as defined under Eligibility ) to allow these applicants more time—until August 16, 2023—to prepare and submit their applications.

Eligibility: The application deadline extension applies only to eligible applicants under the FY 2023 FSCS competition that are affected applicants. An eligible applicant for this competition is defined in the NIA. To qualify as an affected applicant, the applicant must have a mailing address that is located in the federally declared disaster area and must provide appropriate supporting documentation, if requested.

The applicable federally declared disaster area under this declaration is the area in which assistance to individuals or public assistance has been authorized under FEMA's disaster declaration for New York Severe Storms and Flooding (DR-4723-NY), Vermont Severe Storms, Flooding, Landslides, and Mudslides (DR-4720-VT), and Oklahoma Severe Storms, Straight-line Winds, and Tornadoes (DR-4721-OK). See the disaster declarations at: https://www.fema.gov/disaster/4723 , https://www.fema.gov/disaster/4720 , and https://www.fema.gov/disaster/4721.

Affected applicants that have already timely submitted applications under the FY 2023 FSCS competition may resubmit applications on or before the extended application deadline of August 16, 2023, but are not required to do so. If a new application is not submitted, the Department will use the application that was submitted by the original deadline. If a new application is submitted, the Department will consider the application that is last submitted and timely received by 11:59:59 p.m., Eastern Time, on August 16, 2023.

Any application submitted by an affected applicant under the extended deadline must contain evidence ( e.g., the applicant organization mailing address) that the applicant is located in one of the applicable federally declared disaster areas and, if requested, must provide appropriate supporting documentation.

The application period is not extended for all applicants. Applications from applicants that are not affected, as defined above, will not be accepted past the August 8, 2023, deadline.

Note: All information in the NIA for this competition remains the same, except for the extended date for the transmittal of applications for affected applicants and the deadline for intergovernmental review.

Program Authority: Sections 4621-4623 and 4625 of the Elementary and Secondary Education Act of 1965, as amended.

Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT , individuals with disabilities can obtain this document, the NIA, 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.

Section 7002(a)(2) of the Energy Act of 2020 defines “critical materials” to be: (A) Any non-fuel mineral, element, substance, or material that the Secretary of Energy determines (i) has high risk for supply chain disruption; and (ii) serves an essential function in one or more energy technologies, including technologies that produce, transmit, store, and conserve energy [referred to here as a critical material for energy]; or (B) a critical mineral [as designated by the Secretary of the Interior]. 1 The Final 2023 DOE Critical Materials List includes the following:

• Critical materials for energy: aluminum, cobalt, copper*, dysprosium, electrical steel* (grain-oriented electrical steel, non-grain-oriented electrical steel, and amorphous steel), fluorine, gallium, iridium, lithium, magnesium, natural graphite, neodymium, nickel, platinum, praseodymium, terbium, silicon*, and silicon carbide*.

• Critical minerals: The Secretary of the Interior, acting through the Director of the U.S. Geological Survey (USGS), published a 2022 final list of critical minerals that includes the following 50 minerals: “Aluminum, antimony, arsenic, barite, beryllium, bismuth, cerium, cesium, chromium, cobalt, dysprosium, erbium, europium, fluorspar, gadolinium, gallium, germanium, graphite, hafnium, holmium, indium, iridium, lanthanum, lithium, lutetium, magnesium, manganese, neodymium, nickel, niobium, palladium, platinum, praseodymium, rhodium, rubidium, ruthenium, samarium, scandium, tantalum, tellurium, terbium, thulium, tin, titanium, tungsten, vanadium, ytterbium, yttrium, zinc, and zirconium.”

* Indicates materials not designated as critical minerals by the Secretary of Interior. The critical materials for energy included on the Final 2023 DOE Critical Material List  2 are based on the criticality assessed in the short- and medium-term. 3 A detailed description of DOE's methodology can be found in the assessment. 4 The materials on the Final 2023 DOE Critical Materials List will inform crosscutting priorities including, but not limited to:

Pursuant to authority in section 7002(a)(2) of the Energy Act of 2020, on May 3, 2023, DOE published via the EERE Exchange website a Notice of Intent  5 to issue a Request for Information (RFI)  6 on the Proposed Determination of the Draft Critical Materials List and Draft Critical Materials Assessment. The RFI was published via the EERE Exchange on May 31, 2023. The RFI provided for a 20-day public comment period, and closed on June 20, 2023.

DOE received 79 comments during the comment period. Three comments were from individuals and 76 were submitted on behalf of organizations. Due to time constraints, comments received after the deadline were not taken into consideration for this assessment. DOE may take these comments into consideration for future assessments and determinations. Additionally, DOE received some comments that were out of scope or otherwise not responsive to the requests included in the RFI. DOE considered all of the responsive comments received before the submission deadline and below is a summary of DOE's responses.

The following revisions to the Draft DOE Critical Materials List were made based on the comments received:

• Terbium was added to the Final 2023 DOE Critical Materials List as a critical material for energy. Terbium was screened and then fully assessed for criticality based on information provided through the comments received. Based on that analysis, DOE has determined that terbium meets the definition of critical materials as defined in the Energy Act of 2020. More detail is provided in the Critical Material Assessment.

The following actions were taken based on the comments received, but did not change the results of the Critical Materials Assessment:

• Boron was revisited based on the comments that in addition to neodymium iron boron magnets, boron is important for additional clean energy end-uses including wind turbine blades, boron-doped photovoltaics, and battery coatings. DOE's conclusion is that there is a lack of substantiated data that quantifies the use of boron in these applications, including electric glass for wind turbine blades, and thus these applications would not drive a significant increase in demand for boron.

• Phosphorous was revisited based on the comments that phosphorous demand is expected to experience a shortfall for use in lithium iron phosphate (LFP) batteries, geoconcentration of production outside the U.S., and that agriculture is a competing use. DOE provides further clarification that the Critical Materials Assessment considered high LFP adoption scenarios, geoconcentration of production outside the U.S., and agriculture as a competing use in the assessment of phosphorous. More details can be found in the Critical Materials Assessment report in section 4.3.15. Ultimately, phosphorous was not assessed to be critical under the DOE methodology.

DOE received a comment advocating the exclusion of copper from the Final 2023 DOE Critical Materials List based on (1) the results of the USGS methodology  7 to determine the 2022 Final List of Critical Minerals and (2) the potential to accelerate mining of copper under the IRA 48C tax credit.

• Regarding point (1), it should be noted that the methodologies employed by the USGS and DOE have several distinctions. While the USGS methodology is a supply-side approach that uses historical data to determine criticality within the context of the U.S. economy and national security, the DOE methodology is forward looking—incorporating global demand trajectories based on growth scenarios for various energy technologies, coupled with assumptions about the material intensity of those technologies, to determine criticality within the context of clean energy.

• Regarding point (2), critical materials eligibility for the IRA 48C tax credit is specifically for processing, refining, or recycling of critical materials.

DOE received a comment stating that uranium should not be excluded from the Final 2023 DOE Critical Materials List based on its categorization as a fuel-mineral because uranium does not meet the U.S. Environmental Protection Agency (EPA) definition of a fuel, “material used to produce heat or power by burning.” As noted in the RFI and accompanying proposed assessment, uranium was assessed for criticality under this methodology and met the threshold to be included on the list of critical materials for energy. However, section 7002(a) of the Energy Act of 2020 restricts the listing of critical materials to “any non-fuel mineral, element, substance, or material” and therefore DOE is not designating uranium as a critical material at this time. DOE further responds noting the following:

• What EPA “considers a fuel to be”  8 for the purpose of its risk management programs for chemical accident prevention is not determinative of what is a fuel mineral, element, substance, or material element that DOE is required to exclude from the Critical Materials List by section 7002(a) of the Energy Act of 2020. The Merriam-Webster Dictionary defines fuel to include, not only a material used to produce heat or power by burning, but also “a material from which atomic energy can be liberated especially in a reactor.”  9 Uranium used in commercial nuclear plants clearly meets this definition of a fuel material. Therefore, based on the plain meaning of fuel, DOE concludes that uranium used in commercial nuclear reactors is a fuel material. Based on the Critical Materials Assessment, which includes only use of uranium as a fuel, DOE is not designating uranium as a critical material at this time.

DOE received several comments that provided information that may have the potential to adjust the criticality analyses of materials already included on the USGS Critical Minerals List. These comments were considered but ultimately not included in this determination, as such minerals are by definition already deemed to be critical materials. However, DOE may use the information to inform future assessments and activities related to critical materials for energy.

DOE received several comments advocating for increasing the scores of importance to energy or potential for supply risk within the Critical Materials Assessment for several materials on the Draft Critical Materials List, including copper and silicon. These comments were not taken into account for this assessment but may be considered to inform future assessments and activities at DOE.

DOE received many comments about the scope of the assessment. The following explanation and clarification are provided:

• Section 7002(a)(2) of the Energy Act of 2020 authorized the Secretary of Energy to determine critical materials according to the statutory definition:

○ Any non-fuel mineral, element, substance, or material that the Secretary of Energy determines:

Has high risk for supply chain disruption; and

Serves an essential function in one or more energy technologies, including technologies that produce, transmit, store, and conserve energy; or

○ A critical mineral [as designated by the Secretary of the Interior]. 10

• DOE has interpreted energy technologies to be “clean energy” technologies in alignment with the DOE Critical Minerals and Materials Vision and Strategy. 11 The anticipated unprecedented increase in demand for critical minerals and materials is driven by the global deployment of clean energy technologies to achieve net-zero goals by 2050. The International Energy Agency has estimated the demand for critical minerals and materials will increase by 400% to 600% by 2040 to achieve these goals. 12 The specific energy technologies  13 considered in this assessment are described in Chapter 2 of the Critical Materials Assessment and are aligned with the technologies DOE assessed as part of “America's Strategy to Secure the Supply Chain for a Robust Clean Energy Transition.”

• DOE conducted the Critical Materials Assessment to inform the determination under section 7002(a)(2). The methodology applied in the DOE Critical Materials Assessment has several unique features:

○ It is forward looking, incorporating global demand trajectories based on growth scenarios for various energy technologies, coupled with assumptions about the material intensity of those technologies.

○ A limited set of engineered materials was assessed.

• The scope of materials assessed included a limited set of engineered materials: electrical steel and silicon carbide. This set of engineered materials was selected based on two factors: (1) the materials were found to have high potential for supply risk in the “supply chain deep dive” reports as part of “America's Strategy to Secure the Supply Chain for a Robust Clean Energy Transition”; and (2) the elements comprising the engineered materials (such as iron for electrical steel) were unlikely to be found critical and thus not indicate the risk posed to deploying energy technologies. Prior to the passage of the Energy Act of 2020, materials assessed for criticality were generally limited to an element. In practice, the designation of a critical material as an element does not restrict the mitigation strategies prioritized by DOE to be limited to the elemental form. For example, neodymium has been found to be critical in the past and mitigation strategies pursued by DOE include unlocking new sources, developing alternative magnets that reduce or eliminate the use of neodymium, improving efficiency of separation and metallization of neodymium as well as neodymium-based alloys and magnets, and recycling neodymium from end-of-life magnets.

○ Further clarification is provided on the definition of electrical steel. For the purposes of this assessment, electrical steel includes grain-oriented electrical steel, non-grain-oriented electrical steel, and amorphous steel.

• The scope of materials analyzed does not include materials that are used indirectly in the manufacturing process but do not contribute to the composition of the components or final products. For example, helium is used in cooling, cleaning, and creating an inert environment for semiconductors but it is not a constituent material of the semiconductor. While a disruption in helium supply chain can impact semiconductor production, the scope of this assessment has not been extended to indirect material use. DOE may consider the examination of materials used indirectly in manufacturing processes in future assessments.

DOE received many comments with recommendations to improve the methodology applied in the Critical Materials Assessment. DOE anticipates updating the assessment every three years and may evaluate these recommendations for future assessments. Such future assessments will inform additional critical materials determinations, as appropriate.

The following table summarizes a subset of the relevant comments received, categorized by material, and describes DOE's response. This does not include comments on the improvements for the methodology, or the scope of the assessment which are discussed previously.

Part of the DOE mission is to ensure America's security and prosperity by addressing its energy, environmental, and nuclear challenges through transformative science and technology solutions. As described at www.energy.gov/gdo/civil-nuclear-credit-program, the CNC Program was established on November 15, 2021, when President Biden signed the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58), also known as the Bipartisan Infrastructure Law, into law. Section 40323 of the IIJA (42 U.S.C. 18753) provides $6 billion to establish a program to award civil nuclear credits. The CNC Program is a strategic investment to help preserve the existing U.S. commercial power reactor fleet and save thousands of high-paying jobs across the country.

Under the CNC Program, owners or operators of U.S. commercial power reactors can apply for certification to bid on credits to support the nuclear reactor's continued operation. An application must demonstrate that the nuclear reactor is projected to close for economic reasons and that closure will lead to a rise in air pollutants and carbon emissions, among other conditions. An owner or operator of a certified nuclear reactor whose bid for credits is selected by DOE is then eligible to receive payments from the Federal government in the amount of the credits awarded to the owner or operator, provided it continues to operate the nuclear reactor for the four-year award period (2023 to 2026) and subject to its satisfaction of other specified payment terms. PG&E submitted its application for certification and its bid for credits under the CNC Program on September 9, 2022. DOE made a conditional award of credits to PG&E on November 21, 2022.

NEPA requires Federal agencies to evaluate the environmental impacts of proposals for major Federal actions with the potential to significantly affect the quality of the human environment. Awarding credits for continued operation of a commercial nuclear power reactor under the CNC Program is subject to NEPA. Therefore, to award credits to DCPP, an existing commercial nuclear power plant, DOE conducted a review of the existing NEPA documentation for continued operation of the reactor in accordance with the Council on Environmental Quality (CEQ) and DOE NEPA regulations, 40 CFR 1506.3 and 10 CFR 1021.200(d), respectively. DOE also considered non-NEPA documents, such as available licensing basis documents, the 2021 Safety Analysis Report, Federal and State permits, site reports and documents, and relevant public information to satisfy its obligations under NEPA.

DOE proposes to award credits to PG&E under the CNC Program for the continued operation of DCPP under DCPP's current NRC operating licenses. While DCPP's current NRC operating licenses are valid until November 2, 2024 (Unit 1) and until August 26, 2025 (Unit 2), they may remain in effect by operation of law beyond those dates in accordance with NRC rules and 5 U.S.C. 558(c). DOE's review and adoption of the NRC NEPA documents covers DOE's proposed action, which occurs during the period that DCPP's current NRC operating licenses remain in effect. The issuance or payment of credits awarded to PG&E beyond the period that DCPP's current NRC operating licenses remain in effect would be dependent on PG&E's compliance with NRC requirements applicable to license renewal. DOE would consider the need for further NEPA review prior to deciding whether to issue any credits or make any payments during the period of operation under an NRC license renewal. 1

Because DOE did not participate as a cooperating agency in the preparation of the NRC NEPA documents, 2 in accordance with 10 CFR 1021.200(d), DOE conducted a review to determine if the NRC documentation “meets the standards for an adequate statement, assessment, or determination” under the CEQ NEPA regulations and an evaluation of whether “the actions covered by the original environmental impact statement and the proposed action are substantially the same.” 40 CFR 1506.3. DOE reviewed the following NRC NEPA documents:

• U.S. Atomic Energy Commission Final Environmental Statement related to the Nuclear Generating Station Diablo Canyon Units 1 & 2 (AEC 1973);

• U.S. Nuclear Regulatory Commission Addendum to the Final Environmental Statement for the Operation of the Diablo Canyon Nuclear Power Plant Units 1 & 2 (NRC 1976);

• U.S. Nuclear Regulatory Commission Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant, Units 1 and 2 Notice of Issuance of Environmental Assessment and Finding of No Significant Impact (NRC 1993);

• U.S. Nuclear Regulatory Commission Environmental Assessment Related to the Construction and Operation of the Diablo Canyon Independent Spent Fuel Storage Installation (NRC 2003); and

• U.S. Nuclear Regulatory Commission Supplement to the Environmental Assessment and Final Finding of No Significant Impact Related to the Construction and Operation of the Diablo Canyon Independent Spent Fuel Storage Installation (NRC 2007).

DOE's review of the DCPP NRC NEPA documents was guided by the NRC's 2013 Generic Environmental Impact Statement (GEIS) (NUREG 1437, Revision 1). The 2013 GEIS examines the possible environmental impacts that could occur as a result of renewing licenses of individual nuclear power plants under 10 CFR part 54. The GEIS, to the extent possible, establishes the bounds and significance of these potential impacts. While DOE's proposed action does not cover license renewal of DCPP beyond the current licenses in effect, the analyses in the GEIS encompass all operating light-water nuclear power reactors in the United States and provide a reasonable analytical structure for DOE's review of its proposed action to provide financial support for continued operation of existing NRC licensed light-water nuclear power reactors.

In 1967 and 1968, PG&E submitted license applications for the construction and operation of DCPP to the AEC. In 1973, the AEC issued a final Environmental Statement (ES) related to construction and operation of DCPP. The NRC updated some of the analyses and issued an addendum to the ES in 1976. The NRC documents analyzed the potential environmental impacts associated with construction and operation of DCPP. In 1981, the Atomic Safety and Licensing Board Panel, an independent adjudicatory body of the NRC, authorized the issuance to PG&E of two NRC licenses, DPR-80 and DPR-82, for operation of DCPP. Based on its review of the NRC NEPA documents, and subsequent documents as referenced in the DOE EIS (including available licensing basis documents, Federal and State permits, site reports and documents, and relevant public information), DOE has determined that the documents meet the standards for an adequate statement, assessment, or determination under CEQ NEPA regulations and the actions covered by the NRC NEPA documents are substantially the same as the actions proposed to be undertaken with respect to the award of credits described herein. In this instance, DOE's action is proposed financial support for the continuing operation of DCPP, and NRC has permitting (licensing) authority over the same project. DOE took a hard look at the environmental effects of the planned action, including the analysis in prior NRC NEPA documents and other environmental documents. DOE concluded that the NEPA documentation is adequate for continued operation during the period that DCPP's current operating licenses remain in effect. Therefore, DOE has adopted the NRC NEPA documents as a single DOE EIS (DOE/EIS-0555).

While the NRC NEPA documents themselves are the basis of this adequacy review, it is permissible to use non-NEPA documents, such as available licensing basis documents, Federal and State permits, site reports and documents, and relevant public information in DOE's analysis. Further, as a condition of the Environmental Protection Plan (EPP) which is part of the NRC licenses for operation of DCPP, PG&E is required to report “unreviewed environmental questions” which “may result in a significant increase in any adverse environmental impact previously evaluated in the final environmental statement.” Implementation of such changes are subject to prior approval by the NRC in the form of a license amendment incorporating the appropriate revision into the EPP. PG&E is required to submit an annual report identifying if any of these events occurred. For example, PG&E's most recent report to the NRC with respect to DCPP, dated May 1, 2023, reported that there were no EPP noncompliances nor changes in plant design or operation, tests, or experiments involving an unreviewed environmental question during 2022. These documents were included in DOE's review and are consistent with the NRC NEPA documents.

DOE determined that the project analyzed in the NEPA documents is substantially the same project for which DOE is considering awarding credits as part of the CNC Program, namely the continued operation of DCPP under its NRC operating licenses, and that the NEPA documents meet the standards for an adequate statement, assessment, or determination under the CEQ NEPA regulations. Additional details on that review are summarized below.

The existing NEPA documents as well as available public documents were reviewed by DOE to satisfy DOE's obligations under NEPA. The NEPA resource areas reviewed by DOE included land use and visual resources, meteorology and air quality, noise, geologic environment, biological resources, water resources, ecological resources, historic and cultural resources, socioeconomics, human health, environmental justice, waste management, transportation, intentional destructive acts, and cumulative impacts.

The NRC's 1996 GEIS (NUREG 1437) examines the possible environmental impacts that could occur because of renewing licenses of individual nuclear power plants under 10 CFR part 54. The GEIS, to the extent possible, establishes the bounds and significance of these potential impacts. The analyses in the GEIS encompass all operating light-water power plants. As part of the review, DOE considered the resource areas analyzed in the 2013 GEIS and listed above.

DOE's review of the NRC NEPA documents and other available information for DCPP indicates the impact findings in the existing NEPA documentation remains adequate through the current operating licenses and that the impacts of continued DCPP operation would be consistent with the impacts of current and historic operations.

DOE found that there was sufficient information in the documents reviewed by DOE to complete DOE's analysis and to determine that the NEPA documents remain adequate, despite the age of many of these documents. In its review, DOE did not identify significant new circumstances or information relevant to environmental concerns and bearing on the proposed award of credits or the impact of the award of credits and therefore, no supplemental EIS is required. In addition, DCPP complies with Federal, State, and local environmental regulations, requirements, and agreements, and it operates using best management practices. Further, DOE determined that the proposed action is substantially the same as the proposed action analyzed in the existing NEPA documents: both the NRC's issuance of an operating license to DCPP pursuant to the NEPA documents and DOE's award of credits under the CNC Program for DCPP have the purpose and effect of allowing for the continued operation of DCPP. DOE's award of credits under the CNC Program for the period that DCPP's current NRC license remains in effect does not change the existing location, design, construction, size, fuel usage, production of electricity, or environmental impacts of DCPP as evaluated by the NEPA documents and for which the NRC has issued an operating license. In light of the foregoing, DOE finds the NEPA documentation is adequate for continued operation through the period that DCPP's current NRC operating licenses remain in effect. Therefore, DOE is adopting and republishing the NRC NEPA documents as a single final EIS (DOE/EIS-0555).

This document of the DOE was signed on July 28, 2023, by Maria D. Robinson, Director, Grid Deployment Office, 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 the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .