Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 57881 

12106, 3 CFR, 1978 Comp., p. 263; Reorg. 

Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 

321. 

■ 2. Amend § 1614.108 by: 

■ a. Adding a sentence at the end of 

paragraph (f); and 

■ b. Revising the first sentence in 

paragraph (h). 

The additions read as follows: 

§ 1614.108 Investigation of complaints. 

* * * * * 

(f) * * * The notice that the 

complainant has the right to request a 

hearing and decision from an 

administrative judge shall inform the 

complainant that the hearing request 

may be filed using the EEOC Public 

Portal, available at https://publicportal.

eeoc.gov. 

* * * * * 

(h) Where the complainant has 

received the notice required in 

paragraph (f) of this section or at any 

time after 180 days have elapsed from 

the filing of the complaint, the 

complainant may request a hearing by 

submitting a written request for a 

hearing directly to the EEOC office 

indicated in the agency’s 

acknowledgment letter, or by filing a 

request for a hearing through the EEOC 

Public Portal. 

* * * * * 

§ 1614.109 [Amended] 

■ 3. In § 1614.109 amend paragraph (i) 

in the second sentence by removing the 

word ‘‘send’’ and adding in its place the 

word ‘‘transmit’’. 

■ 4. Amend § 1614.110 by adding 

paragraph (c) to read as follows: 

§ 1614.110 Final action by agencies. 

* * * * * 

(c) When an agency takes final action 

by issuing a final order or decision that 

requires the agency to include a notice 

that the complainant has the right to file 

an appeal with the EEOC, the notice 

shall inform the complainant that the 

appeal may be filed using the EEOC 

Public Portal, available at https://

publicportal.eeoc.gov. 

■ 5. Amend § 1614.204 by adding 

sentences at the end paragraphs (j)(1) 

and (l)(3) to read as follows: 

§ 1614.204 Class complaints. 

* * * * * 

(j)(1) * * * When an agency takes 

final action by issuing a final order or 

decision that requires the agency to 

include a notice that the class agent has 

the right to file an appeal with the 

EEOC, the notice shall inform the class 

agent that the appeal may be filed using 

the EEOC Public Portal, available at 

https://publicportal.eeoc.gov. 

* * * * * 

(l)(3) * * * When an agency takes 

final action by issuing a final order or 

decision that requires the agency to 

include a notice that the class member 

has the right to file an appeal with the 

EEOC, the notice shall inform the class 

member that the appeal may be filed 

using the EEOC Public Portal, available 

at https://publicportal.eeoc.gov. 

§ 1614.403 [Amended] 

■ 6. Amend § 1614.403 paragraph (a) by 

adding the words ‘‘by email, or through 

FedSEP or the EEOC’s Public Portal, as 

applicable,’’ after the word 

‘‘electronically’’. 

■ 7. Amend § 1614.405 by revising 

paragraph (a) to read as follows: 

§ 1614.405 Decisions on appeals. 

(a) The Office of Federal Operations, 

on behalf of the Commission, shall issue 

a written decision setting forth its 

reasons for the decision. The 

Commission shall dismiss appeals in 

accordance with §§ 1614.107, 

1614.403(c) and 1614.409. The decision 

shall be based on the preponderance of 

the evidence. The decision on an appeal 

from an agency’s final action shall be 

based on a de novo review, except that 

the review of the factual findings in a 

decision by an administrative judge 

issued pursuant to § 1614.109(i) shall be 

based on a substantial evidence 

standard of review. If the decision 

contains a finding of discrimination, 

appropriate remedy(ies) shall be 

included and, where appropriate, the 

entitlement to interest, attorney’s fees or 

costs shall be indicated. The decision 

shall reflect the date of its issuance, 

inform the complainant of his or her 

civil action rights, and be transmitted to 

the complainant and the agency. For 

complainants who are not registered 

with the EEOC Public Portal, the 

decision will be transmitted by first 

class mail. For complainants who are 

registered with the Public Portal, the 

decision will be transmitted via the 

Portal provided the complainant 

affirmatively consents to receive the 

decision through the Portal. For 

registered complainants who do not 

provide affirmative consent, and for 

complainants who affirmatively consent 

but subsequently notify the Commission 

that they withdraw their consent, the 

decision will be transmitted by first 

class mail. The Commission will 

transmit the decision to the agency via 

FedSEP. 

* * * * * 

■ 8. Amend § 1614.604 by: 

■ a. Redesignating paragraphs (c) and 

(d) as paragraphs (f) and (g). 

■ b. Adding new paragraphs (c), (d), and 

(e). 

The additions read as follows: 

§ 1614.604 Filing and computation of time. 

* * * * * 

(c) A hearing request, appeal, brief, or 

other document filed by a complainant 

using the EEOC Public Portal, or filed by 

an agency using FedSEP, shall be 

deemed filed on the date the document 

is uploaded to the Public Portal or 

FedSEP. The timeliness of documents 

submitted through the Public Portal and 

FedSEP will be determined based on the 

time zone from which the document 

was submitted. 

(d) An EEOC decision that is 

transmitted to a complainant through 

the Public Portal or by email shall be 

deemed to be received when the 

decision is accessed on the Portal or 

when received if transmitted via email, 

or within five days of when the decision 

is uploaded to the Portal or emailed, 

whichever occurs first. 

(e) For the purposes of §§ 1614.108, 

1614.109, 1614.204(i), and 1614.401 

through 1614.405, the terms accept, file, 

filed, filing, issue, issuance, issuing, 

notify, notified, receive, receipt, send, 

serve, served, service, submit, 

submission, submitted, transmit, and 

transmitted, shall include digital 

transmissions made through FedSEP, 

the EEOC Public Portal, or by email. 

Dated: August 17, 2023. 

Charlotte A. Burrows, 

Chair. 

[FR Doc. 2023–18100 Filed 8–23–23; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1206 

[Docket No. ONRR–2011–0016; DS63644000 

DRT000000.CH7000 223D1113RT] 

RIN 1012–AA07 

Amendments to OMB Control Numbers 

and Certain Forms; Correction 

AGENCY: Office of Natural Resources 

Revenue (‘‘ONRR’’), Interior. 

ACTION: Correcting amendment. 

SUMMARY: On December 8, 2011, ONRR 

published a direct final rule that, among 

other things, corrected a thermal energy 

displaced equation without updating an 

image of the equation set forth in the 

regulations for illustration purposes. 

This document provides a replacement 


lotter on DSK11XQN23PROD with RULES1
57882 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 

thermal energy displaced equation 

image. 

DATES: This rule is effective on August 

24, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this direct final 

rulemaking, contact Luis Aguilar, 

Regulatory Specialist, by phone at (303) 

231–3418, or by email at ONRR_

RegulationsMailbox@onrr.gov. 

SUPPLEMENTARY INFORMATION: ONRR 

published a direct final rule in the 

Federal Register on December 8, 2011 

(76 FR 76612). ONRR amended the 

thermal energy displaced equation in 

§ 1206.356(a)(2) from ‘‘0.113681’’ to 

‘‘0.133681.’’ Section 1206.356(a)(2) 

contained an image of the equation for 

illustration purposes. However, ONRR 

did not provide an updated equation 

image. This document provides the 

correct equation image. 

List of Subjects in 30 CFR Part 1206 

Coal, Continental shelf, Government 

contracts, Indian lands, Mineral 

royalties, Oil and gas exploration, 

Public lands—mineral resources, 

Reporting and recordkeeping 

requirements. 

Accordingly, ONRR amends 30 CFR 

part 1206 by making the following 

correcting amendment. 

PART 1206—PRODUCT VALUATION 

■ 1. The authority citation for part 1206 

continues to read as follows: 

Authority: 5 U.S.C. 301 et seq., 25 U.S.C. 

396, 396a et seq., 398, 398a et seq., 2101 et 

seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 

et seq., 1701 et seq.; 43 U.S.C. 1301 et seq., 

1331 et seq., and 1801 et seq. 

■ 2. In § 1206.356, amend paragraph 

(a)(2) by revising the equation to read as 

follows: 

§ 1206.356 How do I calculate royalty or 

fees due on geothermal resources I use for 

direct use purposes? 

* * * * * 

(a) * * * 

(2) * * * 

* * * * * 

Howard Cantor, 

Director, Office of Natural Resources 

Revenue. 

[FR Doc. 2023–18096 Filed 8–23–23; 8:45 am] 

BILLING CODE 4335–30–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–USCG–0689] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone that encompasses certain 

navigable waters on Lake Erie, for the 

Head of the Cuyahoga, in Cleveland, 

Ohio. This action is necessary and 

intended for the safety of life and 

property on navigable waters during this 

event. During the enforcement period, 

no person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo or a designated representative. 

DATES: The regulation listed in 33 CFR 

165.939, Table 165.939 (d)(3) will be 

enforced from 5 a.m. through 5 p.m. on 

September 16, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT Jared 

Stevens, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a Safety Zone; for the 

Annual Event in the Captain of the Port 

Buffalo Zone, listed in 33 CFR 165.939, 

Table 165.939(d)(3) for the Head of the 

Cuyahoga in Cleveland, Ohio. All U.S. 

waters of the Cuyahoga River, between 

a line drawn perpendicular to the river 

banks from position 41°29′55′′ N, 

081°42′23′′ W (NAD 83) just past the 

Detroit-Superior Viaduct bridge at MM 

1.42 of the Cuyahoga River south to a 

line drawn perpendicular to the river 

banks at position 41°28′32′′ N, 

081°40′16′′ W (NAD 83) just south of the 

Interstate 490 bridge at MM 4.79 of the 

Cuyahoga River. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or a designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

respective safety zone. 

Dated: August 17, 2023. 

M.I. Kuperman, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2023–18268 Filed 8–23–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2022–0307; FRL–10892– 

02–R6] 

Air Plan Approval; Texas; Updates to 

Public Notice and Procedural Rules 

and Removal of Obsolete Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving portions of three revisions 

to the Texas State Implementation Plan 

(SIP) submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) on July 9, 2021, and January 21, 

2022, that update the air permitting 


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