84710 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 
(b) In such circumstances, the 
authorized officer shall solicit 
applications competitively by issuing a prospectus for persons to apply for a visitor services authorization. Notwithstanding Forest Service outfitting and guiding policy in Forest Service Handbook 2709.14, Chapter 50, when authorizations, including priority use permits for activities other than sport hunting and fishing, expire in accordance with their terms, they shall not be reissued if there is a need to limit use and when there is competitive interest by preferred operators. 
* * * * * 
Homer Wilkes, 
Under Secretary, Natural Resources and 
Environment. 
[FR Doc. 2023–26666 Filed 12–5–23; 8:45 am] 
BILLING CODE 3411–15–P 
LIBRARY OF CONGRESS 
Copyright Royalty Board 
37 CFR Part 386 
[Docket No. 23–CRB–0010–SA–COLA 
(2024)] 
Cost of Living Adjustment to Satellite 
Carrier Compulsory License Royalty Rates; Correction 
AGENCY : Copyright Royalty Board (CRB), 
Library of Congress. 
ACTION : Final rule; correction. 
SUMMARY : This document corrects a 
final rule published in the Federal Register of November 29, 2023, 
regarding the cost of living adjustment (COLA) to the royalty rates that satellite carriers pay for a compulsory license under the Copyright Act. 
DATES : Effective January 1, 2024. 
FOR FURTHER INFORMATION CONTACT : 
Anita Brown, (202) 707–7658, crb@loc.gov. 
SUPPLEMENTARY INFORMATION : In FR Doc. 
2023–26122, appearing on page 83354 in the Federal Register of Wednesday, November 29, 2023, the following corrections are made: 
§ 386.2 [Corrected] 
■1. On page 83354, in the second 
column, in part 386, in amendment 2, the instruction ‘‘Section 386.2 is amended by adding paragraphs (b)(1)(xiv) and (b)(2)(xiv) to read as follows:’’ is corrected to read ‘‘Section 386.2 is amended by adding paragraphs (b)(1)(xv) and (b)(2)(xv) to read as follows:’’. Dated: November 30, 2023. 
David P. Shaw, 
Chief Copyright Royalty Judge. 
[FR Doc. 2023–26741 Filed 12–5–23; 8:45 am] 
BILLING CODE 1410–72–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Parts 261, 262, and 266 
[EPA–HQ–OLEM–2023–0081; FRL 8687–03– 
OLEM] 
RIN 2050–AH23 
Hazardous Waste Generator 
Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Partial withdrawal of direct 
final rule. 
SUMMARY : Because the EPA received 
adverse comment on eight amendments in the direct final rule published on August 9, 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule. 
DATES : This correction is effective 
December 7, 2023. 
FOR FURTHER INFORMATION CONTACT : 
Brian Knieser, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–0516, (knieser.brian@epa.gov) or Kathy Lett, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–0517, (lett.kathy@epa.gov). 
SUPPLEMENTARY INFORMATION : Because 
the EPA received adverse comment on specific amendments, through this correction, we are withdrawing only those specific amendments from the direct final rule, Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections, published on August 9, 2023 (88 FR 54086). We stated in that direct final rule that if we received adverse comment by the close of the comment period on October 10, 2023, the specific amendments in the direct final rule that are the subject of adverse comment would not take effect, and we would publish a timely withdrawal in the Federal Register. Because the EPA subsequently received adverse comment on eight amendments in that direct final rule, we are withdrawing only the eight affected amendments. All other amendments in that direct final rule will go into effect on the effective date (December 7, 2023). The eight specific amendments that are being withdrawn are: 
1. Section 261.4(e)(1) introductory 
text related to sample waste generated or collected for the purpose of conducting treatability studies. 
2. Section 262.11(d) introductory text 
related to identifying hazardous characteristics for listed hazardous wastes when the characteristic is already addressed by the listing. 
3. Section 262.11(g) related to 
identifying hazardous characteristics for listed hazardous wastes when the characteristic is already addressed by the listing. 
4. Section 262.16(b)(1) related to the 
accumulation limit for small quantity generators generating acute hazardous waste. 
5. Section 262.17(a)(8)(i) introductory 
text related to LQG closure notification when closing a waste accumulation unit but not the whole facility. 
6. Section 262.17(a)(8)(i)(A) related to 
LQG closure notification when closing a waste accumulation unit but not the whole facility. 
7. Section 262.232(b)(6)(iv) related to 
adding ‘‘RCRA-’’ to the term ‘‘designated facility’’ to match the language of parallel provisions in this section. 
8. Section 266.508(a)(2)(ii) related to 
allowing applicable EPA hazardous waste numbers (also known as waste codes) in addition to the required PHARMS code in item 13 of the hazardous waste manifest for shipments of hazardous waste pharmaceuticals from a healthcare facility subject to 40 CFR part 266 subpart P. We are also withdrawing language from this provision that allows the use of PHRM in lieu of PHARMS in item 13 of the hazardous waste manifest. 
Except for the amendment to § 262.11 
at instruction 25, which is withdrawn in full, because the provisions we are withdrawing appear in amendatory instructions affecting other provisions, we are correcting the corresponding amendments in full minus those provisions withdrawn. 
The EPA published a parallel 
proposed rule on the same day as the direct final rule. The proposed rule invited comment on the substance of the direct final rule. We will address those comments in any subsequent final action, which will be based on the parallel proposed rule also published on 
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August 9, 2023. As stated in the direct 
final rule and the parallel proposed rule, we will not institute a second comment period on this action. 
List of Subjects 40 CFR Part 261 
Environmental protection, 
Administrative practice and procedure, 
Air pollution control, Confidential business information, Hazardous waste, Intergovernmental relations, Licensing and registration, Reporting and recordkeeping requirements. 
40 CFR Part 262 
Environmental protection, Exports, 
Hazardous materials transportation, 
Hazardous waste, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements. 
40 CFR Part 266 
Environmental protection, Energy, 
Hazardous waste, Recycling, Reporting 
and recordkeeping requirements. 
Michael S. Regan, 
Administrator. 
■For the reasons stated above, EPA is 
withdrawing amendments in the direct 
final rule published August 9, 2023, at 88 FR 54086, by making the following corrections: 
Correction 
■In FR Rule Doc. No. 2023–14731, 
published August 9, 2023, at 88 FR 
54086, make the following corrections: 
■1. On page 54109, in the first column, 
amendatory instruction 25 amending § 262.11 is removed. 
■2. Beginning on page 54100 and 
ending on page 54114, correct amendatory instructions 5 (§ 261.4), 27 (§ 262.16), 28 (§ 262.17), 34 (§ 262.232), and 55 (§ 266.508) to read as follows: 
■5. Section 261.4 is amended by 
revising paragraphs (a)(25)(i)(I), (a)(25)(vi) and (vii), and (a)(25)(xi)(D) to read as follows: 
§ 261.4 Exclusions. 
(a) * * * 
(25) * * * 
(i) * * * (I) The name of any countries of 
transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in such countries and the nature of its handling while there (for purposes of this section, the terms ‘‘EPA Acknowledgment of Consent’’, ‘‘country of import’’ and ‘‘country of transit’’ are used as defined in 40 CFR 262.81 with the exception that the terms in this section refer to hazardous secondary materials, rather than hazardous waste): 
* * * * * 
(vi) The export of hazardous 
secondary material under this paragraph 
(a)(25) is prohibited unless the hazardous secondary material generator receives from EPA an EPA Acknowledgment of Consent documenting the consent of the country of import to the receipt of the hazardous secondary material. Where the country of import objects to receipt of the hazardous secondary material or withdraws a prior consent, EPA will notify the hazardous secondary material generator in writing. EPA will also notify the hazardous secondary material generator of any responses from countries of transit. 
(vii) Prior to each shipment, the 
hazardous secondary material generator or a U.S. authorized agent must: 
(A) Submit Electronic Export 
Information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in accordance with 15 CFR 30.4(b). 
(B) Include the following items in the 
EEI, along with the other information required under 15 CFR 30.6: 
(1) EPA license code; 
(2) Commodity classification code per 
15 CFR 30.6(a)(12); 
(3) EPA consent number; 
(4) Country of ultimate destination 
per 15 CFR 30.6(a)(5); 
(5) Date of export per 15 CFR 
30.6(a)(2); 
(6) Quantity of waste in shipment and 
units for reported quantity, if required 
reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15); or 
(7) EPA net quantity reported in units 
of kilograms, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume. 
* * * * * 
(xi) * * * 
(D) By reclaimer and intermediate 
facility, for each hazardous secondary 
material exported, a description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material was managed as hazardous waste, the DOT hazard class, the name and U.S. EPA ID number (where applicable) for each transporter used, the consent number(s) under which the hazardous secondary material was shipped and for each consent number, the total amount of hazardous secondary material shipped and the number of 
shipments exported during the calendar year covered by the report; 
* * * * * 
■27. Section 262.16 is amended by 
revising the introductory text and 
paragraphs (b) introductory text, (b)(5) introductory text, and (b)(8)(iv)(A) and (B) to read as follows: 
§ 262.16 Conditions for exemption for a 
small quantity generator that accumulates hazardous waste. 
A small quantity generator may 
accumulate hazardous waste on site 
without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that all the conditions for exemption listed in this section are met: 
* * * * * 
(b) Accumulation. The generator 
accumulates hazardous waste on site for 
no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in paragraphs (c), (d), and (e) of this section. The following accumulation conditions also apply: 
* * * * * 
(5) Accumulation of hazardous waste 
in containment buildings. If the waste is 
placed in containment buildings, the small quantity generator must comply with 40 CFR part 265 subpart DD. The generator must label its containment buildings with the words ‘‘Hazardous Waste’’ in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, 
corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172, subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). The generator must also maintain: 
* * * * * 
(8) * * * 
(iv) * * * (A) Whenever hazardous waste is 
being poured, mixed, spread, or 
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otherwise handled, all personnel 
involved in the operation must have immediate access (e.g., direct or 
unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under paragraph (b)(8)(ii) of this section. 
(B) In the event there is just one 
employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or 
unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under paragraph (b)(8)(ii) of this section. 
* * * * * 
■28. Section 262.17 is amended by 
revising the introductory text and 
paragraphs (a)(2), (a)(7)(i)(A), (a)(8)(iii)(A)(4), (b), (c) introductory text, (d), (e), and (f) introductory text to read as follows: 
§ 262.17 Conditions for exemption for a 
large quantity generator that accumulates hazardous waste. 
A large quantity generator may 
accumulate hazardous waste on site 
without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that all of the following conditions for exemption are met: 
* * * * * 
(a) * * * 
(2) Accumulation of hazardous waste 
in tanks. If the waste is placed in tanks, 
the large quantity generator must comply with the applicable requirements of subpart J (except §§ 265.197(c) and 265.200 of this subchapter) as well as the applicable requirements of 40 CFR part 265, subparts AA through CC. 
* * * * * 
(7) * * * 
(i)(A) Facility personnel must 
successfully complete a program of 
classroom instruction, online training (e.g., computer-based or electronic), or 
on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv)(C) of this section. 
* * * * * (8) * * * 
(iii) * * * (A) * * * 
(4) If the generator demonstrates that 
any contaminated soils and wastes 
cannot be practicably removed or decontaminated as required in paragraph (a)(8)(iii)(A)(2) of this section, then the waste accumulation unit is considered to be a landfill and the generator must close the waste accumulation unit and perform postclosure care in accordance with the closure and post-closure care requirements that apply to landfills (§ 265.310 of this subchapter). In addition, for the purposes of closure, post-closure, and financial responsibility, such a waste accumulation unit is then considered to be a landfill, and the generator must meet all of the requirements for landfills specified in 40 CFR part 265, subparts G and H. 
* * * * * 
(b) Accumulation time limit 
extension. A large quantity generator 
who accumulates hazardous waste for 
more than 90 days is subject to the requirements of 40 CFR parts 124, 264 through 268, and part 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, unless it has been granted an extension to the 90-day period. Such extension may be granted by EPA if hazardous wastes must remain on site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Regional Administrator on a case-by-case basis. 
(c) Accumulation of F006. A large 
quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days, but not more than 180 days without being subject to parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that it complies with all of the following additional conditions for exemption: 
* * * * * 
(d) F006 transported over 200 miles. 
A large quantity generator who also 
generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, and who must transport this waste, or offer this waste for transportation, over a distance 
of 200 miles or more for off-site metals recovery, may accumulate F006 waste on site for more than 90 days, but not more than 270 days without being subject to parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, if the large quantity generator complies with all of the conditions for exemption of paragraphs (c)(1) through (4) of this section. 
(e) F006 accumulation time extension. 
A large quantity generator accumulating F006 in accordance with paragraphs (c) and (d) of this section who accumulates F006 waste on site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on site is an operator of a storage facility and is subject to the requirements of 40 CFR parts 124, 264, 265, 267, and 270, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted by EPA if F006 waste must remain on site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must remain on site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Regional Administrator on a case-by-case basis. 
(f) Consolidation of hazardous waste 
received from very small quantity generators. Large quantity generators 
may accumulate on site hazardous waste received from very small quantity generators under control of the same person (as defined in § 260.10 of this subchapter), without a storage permit or interim status and without complying with the requirements of parts 124, 264 through 268, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that they comply with the following conditions. ‘‘Control,’’ for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that 
contractors who operate generator facilities on behalf of a different person 
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shall not be deemed to ‘‘control’’ such 
generators. 
* * * * * 
■34. Section 262.232 is amended by 
revising the paragraphs (a)(5), (b)(4) 
introductory text, and (b)(4)(ii)(C) to read as follows: 
§ 262.232 Conditions for a generator 
managing hazardous waste from an episodic event. 
(a) * * * 
(5) The very small quantity generator 
must comply with the hazardous waste 
manifest provisions of subpart B of this part and the recordkeeping provisions for small quantity generators in § 262.44 when it sends its episodic event hazardous waste off site to a designated facility, as defined in § 260.10 of this subchapter. 
* * * * * 
(b) * * * 
(4) Accumulation by small quantity 
generators. A small quantity generator is 
prohibited from accumulating 
hazardous wastes generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, the following conditions apply: 
* * * * * 
(ii) * * * 
(C) Use inventory logs, monitoring 
equipment or other records to identify 
the date upon which each episodic event begins; and 
* * * * * 
■55. Section 266.508 is amended by 
revising paragraphs (a)(1)(iii)(C) and 
(a)(2)(i) to read as follows: 
§ 266.508 Shipping non-creditable 
hazardous waste pharmaceuticals from a healthcare facility of evaluated hazardous waste pharmaceuticals from a reverse distributor. 
(a) * * * 
(1) * * * 
(iii) * * * (C) Lab packs that will be incinerated 
in compliance with § 268.42(c) of this 
subchapter are not required to be marked with EPA hazardous waste numbers (i.e., hazardous waste codes), 
except D004, D005, D006, D007, D008, D010, and D011, where applicable. A nationally recognized electronic system, such as bar coding or radio frequency identification tag, may be used to identify the applicable EPA hazardous waste numbers (i.e., hazardous waste 
codes). 
* * * * * 
(2) * * * 
(i) A healthcare facility shipping 
noncreditable hazardous waste pharmaceuticals is not required to list 
all applicable EPA hazardous waste numbers (i.e., hazardous waste codes) in 
Item 13 of EPA Form 8700–22. 
* * * * * 
[FR Doc. 2023–26750 Filed 12–5–23; 8:45 am] 
BILLING CODE 6560–50–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Centers for Medicare & Medicaid 
Services 
42 CFR Parts 430 and 435 Office of the Secretary 45 CFR Part 16 
[CMS–2447–IFC] 
RIN 0938–AV26 
Medicaid; CMS Enforcement of State 
Compliance With Reporting and Federal Medicaid Renewal Requirements Under Section 1902(tt) of the Social Security Act 
AGENCY : Centers for Medicare & 
Medicaid Services (CMS), HHS. 
ACTION : Interim final rule with comment 
period. 
SUMMARY : This interim final rule with 
request for comments (IFC) implements reporting requirements and enforcement authorities in the Social Security Act (the Act) that were added by the Consolidated Appropriations Act, 2023 (CAA, 2023). CMS will use these new enforcement authorities as described in this rule if States fail to comply with the new reporting requirements added by the CAA, 2023 or with Federal Medicaid eligibility redetermination requirements during a timeframe that is generally aligned with the period when States are restoring eligibility and enrollment operations following the end of the Medicaid continuous enrollment condition under the Families First Coronavirus Response Act (FFCRA). The new enforcement authorities include requiring States to submit a corrective action plan, suspending disenrollments from Medicaid for procedural reasons, and imposing civil money penalties (CMPs). They also include applying a reduction to the State-specific Federal Medical Assistance Percentage (FMAP) for failure to meet reporting requirements. 
DATES : These regulations are effective 
on December 6, 2023. 
Comment date: To be assured 
consideration, comments must be received at one of the addresses 
provided below, by February 2, 2024. 
ADDRESSES : In commenting, please refer 
to file code CMS–2447–IFC. 
Comments, including mass comment 
submissions, must be submitted in one of the following three ways (please choose only one of the ways listed): 
1. Electronically. You may submit 
electronic comments on this regulation to http://www.regulations.gov. Follow 
the ‘‘Submit a comment’’ instructions. 
2. By regular mail. You may mail 
written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–2447–IFC, P.O. Box 8016, Baltimore, MD 21244–8016. 
Please allow sufficient time for mailed 
comments to be received before the close of the comment period. 
3. By express or overnight mail. You 
may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–2447–IFC, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. 
For information on viewing public 
comments, see the beginning of the 
SUPPLEMENTARY INFORMATION section. 
FOR FURTHER INFORMATION CONTACT : 
Abby Kahn, (410) 786–4321, Abigail.Kahn@cms.hhs.gov, or Anna 
Bonelli, (443) 615–1268, Anna.Bonelli@cms.hhs.gov. 
SUPPLEMENTARY INFORMATION : 
Inspection of Public Comments: All 
comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following website as soon as possible after they have been received: http://www.regulations.gov. Follow the search 
instructions on that website to view 
public comments. CMS will not post on Regulations.gov public comments that 
make threats to individuals or institutions or suggest that the commenter will take actions to harm an individual. CMS continues to encourage individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. 
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