58502 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 

Dated: August 23, 2023. 

D.J. Every, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Upper Mississippi 

River. 

[FR Doc. 2023–18555 Filed 8–24–23; 11:15 am] 

BILLING CODE 9110–04–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1280 

[FDMS No. NARA–23–0008; NARA–2023– 

034] 

RIN 3095–AC13 

Use of NARA Facilities: Rules for 

Filming, Photographing, or 

Videotaping on NARA Property for 

Personal Use 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Direct final rule. 

SUMMARY: The National Archives and 

Records Administration (NARA) is 

amending our regulations on the Use of 

NARA Facilities to allow personal, nonflash photography throughout NARA 

exhibition galleries. 

DATES: This rule is effective October 10, 

2023, without further action, unless we 

receive actionable adverse comments by 

September 18, 2023. If we receive such 

comments, we will publish a 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by RIN 3095–AC13 by the 

following method: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. All submissions must 

include NARA’s name and the 

regulatory information number for this 

rulemaking (RIN 3095–AC13). We may 

publish any comments we receive 

without changes, including any 

personal information you include. 

• Mail (for paper, flash drive, or CD– 

ROM submissions. Include ‘‘RIN 3095– 

AC13’’ on the submission): National 

Archives and Records Administration; 

Regulation Comments Desk, Suite 4100; 

8601 Adelphi Road; College Park, MD 

20740–6001. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Richardson, Strategy and 

Performance Division, by email at 

regulation_comments@nara.gov, by 

email at kimberly.richardson@nara.gov, 

or by phone at 301–837–2902. Contact 

https://museum.archives.gov/contact-us 

with any questions on photography in 

NARA facilities. 

SUPPLEMENTARY INFORMATION: The 

National Archives and Records 

Administration (NARA) is amending 

our regulations on the use of NARA 

facilities to allow personal photography 

throughout NARA exhibition galleries, 

including the Rotunda in the National 

Archives Museum, unless otherwise 

posted. Direct photography of the 

display of the founding documents in 

the Rotunda will continue to be 

prohibited; however, visitors are 

allowed to take selfies and other 

photographs that include the Rotunda as 

background. Research shows that most 

museums allow non-flash photography. 

By expanding the use of photography, 

we will enhance the visitor experience 

and raise awareness of our mission, 

while continuing to maintain 

preservation and security needs. 

Regulatory Analysis 

Review Under Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735; Executive Order 13563, 

Improving Regulation and Regulation 

Review, 76 FR 23821; and Executive 

Order 14094 Modernizing Regulatory 

Review, 88 FR 21879. 

The Office of Management and Budget 

(OMB) has reviewed this rulemaking 

and determined it is not ‘‘significant’’ 

under section 3(f) of Executive Order 

12866. It is not significant because it 

consists of administrative and minor 

revisions, involves agency organization 

and management, does not change 

substantive requirements, and imposes 

no costs on the public. 

Review Under the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.) 

This review requires an agency to 

prepare an initial regulatory flexibility 

analysis and publish it when the agency 

publishes the proposed rule. This 

requirement does not apply if the 

agency certifies that the rulemaking will 

not, if promulgated, have a significant 

economic impact on a substantial 

number of small entities (5 U.S.C. 603). 

We certify, after review and analysis, 

that this rulemaking will not have a 

significant adverse economic impact on 

small entities. 

Review Under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.) 

This rulemaking does not impose 

additional information collection 

requirements on the public that are 

subject to the Paperwork Reduction Act. 

Review Under Executive Order 13132, 

Federalism, 64 FR 43255 

Review under Executive Order 13132 

requires that agencies review 

regulations for federalism effects on the 

institutional interest of states and local 

governments, and, if the effects are 

sufficiently substantial, prepare a 

Federal assessment to assist senior 

policy makers. This rulemaking will not 

have any effects on state and local 

governments within the meaning of the 

Executive order. Therefore, no 

federalism assessment is required. 

Review Under the Unfunded Mandates 

Reform Act (Sec. 202, Pub. L. 104–4; 2 

U.S.C. 1532) 

Review under the Unfunded 

Mandates Reform Act requires that 

agencies determine whether any Federal 

mandate in the rulemaking may result 

in state, local, and tribal governments, 

in the aggregate, or the private sector, 

expending $100 million in any one year. 

NARA certifies that this rulemaking 

does not contain a Federal mandate that 

may result in such an expenditure, and 

this rulemaking is therefore not subject 

to this requirement. 

List of Subjects in 36 CFR Part 1280 

Archives and records, Federal 

buildings and facilities. 

For the reasons stated in the 

preamble, NARA amends 36 CFR part 

1280 as follows: 

PART 1280—USE OF NARA 

FACILITIES 

■ 1. The authority citation for part 1280 

continues to read as follows: 

Authority: 44 U.S.C. 2102 notes, 2104(a), 

2112, 2903. 

■ 2. Revise § 1280.46 to read as follows: 

§ 1280.46 Filming, photographing, or 

videotaping for personal use. 

(a) You may film, photograph, or 

videotape on NARA property outside a 

NARA facility so long as you do not 

impede vehicular or pedestrian traffic. 

(b) You may film, photograph, or 

videotape inside a NARA facility during 

regular business hours in public areas, 

including research rooms and exhibition 

areas, unless otherwise posted, under 

the following conditions: 

(1) You may not use a flash or other 

supplemental lighting; and 

(2) You may not use a selfie stick, 

monopod, tripod, or similar equipment. 

■ 3. In § 1280.84, revise paragraph (a) to 

read as follows: 

§ 1280.84 Using the Rotunda. 

(a) We do not allow private group 

event activities (e.g., dinner/reception, 

program) to be held in the Rotunda or 

the exhibit galleries in the National 

Archives Museum. We may, at our 

discretion, allow attendees at private 

group events to enter the Rotunda and 


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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 58503 

other Museum areas in conjunction with 

their event to view the exhibits, but the 

event activities themselves may not be 

held in those spaces. Whether during or 

outside of regular business hours, event 

attendees may film, photograph, or 

videotape in the Rotunda or other 

Museum areas, including group 

photographs or videos, for personal use 

only, in accordance with all applicable 

regulations contained in this part and 

unless otherwise posted. 

* * * * * 

Colleen J. Shogan, 

Archivist of the United States. 

[FR Doc. 2023–18465 Filed 8–25–23; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0386; FRL–11036–01– 

OCSPP] 

Spinosad; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of spinosad in or 

on Spice group 26, and Stalk and stem 

vegetable subgroup 22A. Interregional 

Research Project Number 4 (IR–4) 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

August 28, 2023. Objections and 

requests for hearings must be received 

on or before October 27, 2023, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2022–0386, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2022–0386 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

October 27, 2023. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2022–0386, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of January 3, 

2023 (88 FR 38) (FRL–9410–08–OCSPP), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 2E8993) by IR–4, 

North Carolina State University, 1730 

Varsity Drive, Venture IV, Suite 210, 

Raleigh, NC 27606. The petition 

requested to amend 40 CFR part 180 by 

establishing tolerances for residues of 

spinosad in or on the raw agricultural 

commodities Stalk and stem vegetable 

subgroup 22A at 0.4 parts per million 

(ppm), and Spice group 26 at 1.7 ppm. 

The petition also proposed to remove 

established tolerances for residues of 

spinosad in or on the following: 

Asparagus, and Spice, subgroup 19B, 

except black pepper. 

That document referenced a summary 

of the petition, which is available in the 

docket, https://www.regulations.gov. 

There were no comments received in 

response to the proposed rule. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 


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