Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 58173 

(c) The criminal history record 

information provided from the FBI to 

the designated entity shall not be 

provided to the qualified entity. 

§ 105.37 Rights of a covered individual. 

(a) Upon request to the designated 

entity, the covered individual who is 

the subject of the background check 

shall be provided with a copy of any 

background check report from the 

designated entity, including a copy of 

the criminal history record information 

that the designated entity received from 

the FBI. 

(b) Each designated entity must 

ensure that the covered individual who 

is the subject of the background check 

is provided notice of the opportunity to 

appeal and instructions on how to 

complete the appeals process. 

(1) Each covered individual may 

appeal the results of the determination 

made by the designated entity to 

challenge the accuracy or completeness 

of the information contained in the 

background check report of the covered 

individual and obtain a prompt 

determination as to the validity of such 

challenge before a final determination is 

made. 

(2) Each covered individual may 

appeal the information contained in the 

FBI criminal history record information 

through procedures the FBI has in place 

pursuant to 28 CFR part 16, subpart C, 

wherein the subject of a criminal history 

record may request production of that 

record to review it or to obtain a change, 

correction, or update of that record. 

§ 105.38 Collection of fees. 

(a) Each designated entity shall set the 

fees to be collected under the CPIA 

Program at a level that will ensure the 

recovery of the full costs of providing all 

such services under the standards of the 

CPIA. The fee schedule by the 

designated entity shall be established to 

ensure that fees to qualified entities for 

background checks of covered 

individuals do not discourage 

volunteers from participating in the 

programs of qualified entities. 

(b) The designated entity shall remit 

the appropriate portion of such fee to 

the FBI. That amount shall be the 

amount published in the Federal 

Register to be collected for the provision 

of a fingerprint-based criminal history 

background check conducted by the 

FBI. 

(c) A fee charged to a qualified entity 

not organized under 26 U.S.C. 501(c)(3) 

shall not be less than the total sum of 

the costs of the FBI and the designated 

entity. 

Dated: August 17, 2023. 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2023–18194 Filed 8–24–23; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Parts 550, 556, and 590 

[Docket No. BOEM–2023–0027] 

RIN 1010–AE14 

Risk Management and Financial 

Assurance for OCS Lease and Grant 

Obligations; Extension of Public 

Comment Period 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Notice of proposed rulemaking; 

extension of public comment period. 

SUMMARY: The Bureau of Ocean Energy 

Management (BOEM) is extending the 

public comment period on our notice of 

proposed rulemaking (NPRM), ‘‘Risk 

Management and Financial Assurance 

for Outer Continental Shelf Lease and 

Grant Obligations,’’ by 10 days. 

Comments previously submitted do not 

need to be resubmitted and will be fully 

considered. 

DATES: The comment period for the 

proposed rule ‘‘Risk Management and 

Financial Assurance for Outer 

Continental Shelf [OCS] Lease and 

Grant Obligations,’’ which was 

published on June 29, 2023, at 88 FR 

42136, is extended by 10 days. Online 

comments submitted at https://

www.regulations.gov must be uploaded 

by 11:59 p.m. eastern daylight time on 

September 7, 2023. Hardcopy comments 

submitted by a parcel delivery service 

must be received by BOEM or 

postmarked on or before September 7, 

2023. 

ADDRESSES: The publicly available 

documents relevant to this action are 

available for public inspection 

electronically at https://

www.regulations.gov in Docket No. 

BOEM–2023–0027. 

Submitting Comments. You may send 

comments regarding the substance of 

this proposed rule, identified by Docket 

No. BOEM–2023–0027 or regulation 

identifier number (RIN) 1010–AE14, 

using any of the following methods: 

• Federal e-rulemaking portal: 

https://www.regulations.gov. Search for 

and submit comments on Docket No. 

BOEM–2023–0027. 

• U.S. Postal Service or other parcel 

delivery service: Address comments to 

the Office of Regulations, Bureau of 

Ocean Energy Management, Department 

of the Interior, Attention: Kelley Spence, 

45600 Woodland Road, Mailstop: DIR– 

BOEM, Sterling, VA 20166. 

Instructions: All comments submitted 

regarding this proposed rule should 

reference Docket No. BOEM–2023–0027 

or RIN 1010–AE14. All comments 

received by BOEM will be reviewed and 

may be posted to https://

www.regulations.gov, including any 

personal information provided with the 

submission. For further instructions on 

protecting personally identifiable 

information, see ‘‘Public Availability of 

Comments’’ under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Kelley Spence, Office of Regulations, 

BOEM, at telephone number 984–298– 

7345 or email address Kelley.Spence@

boem.gov; or Karen Thundiyil, Chief, 

Office of Regulations, BOEM, at 

telephone number 202–742–0970 or 

email address Karen.Thundiyil@

boem.gov. Individuals in the United 

States who are deaf, deafblind, hard of 

hearing, or have a speech disability may 

dial 711 (TTY, TDD, or TeleBraille) to 

access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: On June 

29, 2023, BOEM published the proposed 

rule ‘‘Risk Management and Financial 

Assurance for [OCS] Lease and Grant 

Obligations.’’ 88 FR 42136. That 

proposed rule would modify the criteria 

for determining whether oil, gas, and 

sulfur lessees, right-of-use and easement 

(RUE) grant holders, and pipeline rightof-way grant holders may be required to 

provide financial assurance above the 

current regulatorily prescribed base 

financial assurance to ensure 

compliance with their Outer 

Continental Shelf Lands Act obligations. 

This proposed rule would also remove 

existing restrictive provisions for thirdparty guarantees and decommissioning 

accounts and would add new criteria 

under which a bond or third-party 

guarantee that was provided as 

supplemental financial assurance may 

be canceled. Additionally, this proposed 

rule would clarify financial assurance 

requirements for RUEs serving Federal 

leases. With this notice, we are 

extending the public comment period 

on the NPRM from August 28, 2023, to 

September 7, 2023. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
58174 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 

Public Availability of Comments 

You may submit your comments and 

materials by one of the methods listed 

in the ADDRESSES section of this notice. 

Before including your name, return 

address, phone number, email address, 

or other personally identifiable 

information in your comment, you 

should be aware that your entire 

comment—including your personally 

identifiable information—may be made 

publicly available. In order for BOEM to 

withhold from disclosure your 

personally identifiable information, you 

must identify, in a cover letter, any 

information contained in the submittal 

of your comments that, if released, 

would constitute a clearly unwarranted 

invasion of your personal privacy. You 

must also briefly describe in such cover 

letter any possible harmful 

consequences of the disclosure of 

information, such as embarrassment, 

injury, or other harm. While you can ask 

us in your comment to withhold your 

personally identifiable information from 

public review, we cannot guarantee that 

we will be able to do so. Even if BOEM 

withholds your information in the 

context of this rulemaking, your 

submission is subject to the Freedom of 

Information Act (FOIA) and any 

relevant court orders. If your submission 

is requested under the FOIA or such 

court order, your information will only 

be withheld if a determination is made 

that one of the FOIA’s exemptions to 

disclosure applies or if such court order 

is challenged. Such a determination will 

be made in accordance with the 

Department’s FOIA regulations and 

applicable law. 

Elizabeth Klein, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2023–18370 Filed 8–24–23; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0520] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mianus River, Greenwich, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the operating schedule that 

governs the Metro-North (Cos Cob) 

Bridge, across Mianus River, mile 1.0, at 

Greenwich, CT. The bridge owner, 

Metro-North Railroad (MNR), submitted 

a request on May 5, 2022 to modify the 

regulation to align with the Metro-North 

‘‘WALK’’ Bridge train schedule and 

avoid bridge openings during peak 

transit hours. It is expected that this 

change to the regulations will better 

serve the needs of the community while 

continuing to meet the reasonable needs 

of navigation. We invite your comments 

on this proposed rulemaking. The 

original notice of proposed rulemaking 

did not accurately reflect the owner’s 

request. As such, the Coast Guard is 

issuing a supplemenal notice of 

proposed rulemaking to accurately 

describe the owner’s request and 

proposed changes to the existing 

regulation. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

September 25, 2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0520 using Federal Decision 

Making Portal at https://

www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Ms. Stephanie E. 

Lopez, First Coast Guard District, 

Project Officer, telephone 212–514– 

4335, email Stephanie.E.Lopez@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

SNPRM Supplemental Notice of Proposed 

Rulemaking 

§ Section 

U.S.C. United States Code 

MNR Metro-North Railroad 

II. Background, Purpose and Legal 

Basis 

The Metro-North (Cos Cob) Bridge at 

mile 1.0, across Mianus River, 

Greenwich, CT, has a vertical clearance 

of 20 feet at mean high water and a 

horizontal clearance of approximately 

67 feet. Waterway users include 

recreational and commercial vessels, 

including fishing vessels. 

The existing drawbridge operating 

regulations are listed at 33 CFR 117.209. 

Under the current regulation, the draw 

shall open on signal from 5 a.m. to 9 

p.m. but no later than 20 minutes after 

the signal to open unless a train is 

scheduled to cross. Once the train 

scheduled to cross has passed the 

Greenwich or Riverside stations, the 

bridge will open once the train has 

made passage. From April 1 through 

October 31, from 9 p.m. to 5 a.m., the 

bridge will open after at least a fourhour advance notice is given. From 

November 1 through March 30, from 9 

p.m. to 5 a.m., the bridge will open after 

at least a twenty-four-hour advance 

notice is given. 

MNR is requesting the modification of 

the requirements in 33 CFR part 117.209 

to align with the existing requirements 

for the Metro-North ‘‘WALK’’ Bridge, 

across the Norwalk River, at mile 0.1. 

The Cos Cob Bridge is located at one 

of the busiest rail segments in the 

United States and the Northeast 

Corridor. Openings at Cos Cob Bridge, 

between the calendar years of 2019 and 

2021, resulted in seventy-one (71) 

delays to MNR train service. A delay 

due to a bridge opening has cascading 

affects, resulting in multiple delayed 

and late trains. Delays due to the 

openings of Cos Cob Bridge were 

notably high among the drawbridges on 

MNR service territory. Aligning the Cos 

Cob Bridge regulation with the WALK 

Bridge regulation 33 CFR 117.217 (b) 

provides a balance between railroad 

operations and vessels interest in 

waterway passage. 

III. Discussion of Supplemental 

Proposed Rule 

The supplemental proposed rule 

provides the draw to open on signal 

between 4:30 a.m. and 9 p.m. after at 

least a two-hour advance notice is given 

via marine radio or telephone. The 

bridge will not open from 5:45 a.m. 

through 9:45 a.m. and from 4 p.m. 

through 8 p.m. From 9 p.m. through 

4:30 a.m. the draw shall open on signal 

after at least a four-hour advance notice 

is given via marine radio or telephone. 

A delay in opening the draw not to 

exceed 10 minutes may occur when a 

train scheduled to cross the bridge 

without stopping has entered the 

drawbridge lock. The reason for these 

changes is to minimize train delays 

while balancing the interests of vessels 

in the waterway. 

IV. Regulatory Analyses 

We developed this supplemental 

proposed rule after considering 

numerous statutes and Executive Orders 

related to rulemaking. A summary of 

our analysis based on these statutes and 

Executive Orders follows. 


ddrumheller on DSK120RN23PROD with PROPOSALS1