Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 58509 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 18, 2023. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.544, in paragraph (a)(1) 

amend the table by: 

■ a. Adding in alphabetical order the 

entries ‘‘Coffee bean’’; ‘‘Sugar cane’’; 

and ‘‘Sugar cane, molasses’’; and 

■ b. Adding footnote 2 at the end of the 

table. 

The additions read as follows: 

§ 180.544 Methoxyfenozide; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

* * * * * 

Coffee bean 2 .............................. 0.15 

* * * * * 

Sugar cane 2 ............................... 0.03 

Sugar cane, molasses 2 .............. 0.1 

* * * * * 

* * * * * 

2There are no U.S. registrations as of August 28, 2023. 

[FR Doc. 2023–18410 Filed 8–25–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–93; DA 23–669; FR ID 

164624] 

Establishing Emergency Connectivity 

Fund To Close the Homework Gap 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau (Bureau) 

grants a petition for limited waiver of 

the Emergency Connectivity Fund (ECF) 

program’s invoice filing deadline 

submitted by T-Mobile USA, Inc. (TMobile). The Bureau waives the Federal 

Communications Commission’s 

(Commission) rules to provide an 

automatic, one-time extension of the 

invoicing filing deadline to October 30, 

2023, for any funding requests with an 

invoice filing deadline date occurring 

before October 30, 2023. The Bureau 

finds that a one-time extension of the 

invoice filing deadline for applicants 

and service providers will provide them 

with sufficient flexibility to complete 

and submit their invoicing forms and 

necessary supporting documentation to 

the Universal Service Administrative 

Company (USAC) and the Bureau 

directs USAC to provide an automatic, 

one-time extension of the invoice filing 

deadline to October 30, 2023, for any 

funding requests with an invoice filing 

deadline occurring before October 30, 

2023. 

DATES: Effective August 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Molly O’Conor, Wireline Competition 

Bureau, (202) 418–7400 or by email at 

Molly.OConor@fcc.gov. The 

Commission asks that requests for 

accommodations be made as soon as 

possible in order to allow the agency to 

satisfy such requests whenever possible. 

Send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Bureau’s In the Matter 

of Request for Waiver by T-Mobile USA, 

Inc., Establishing Emergency 

Connectivity Fund to Close the 

Homework Gap, Order in WC Docket 

No. 21–93; DA 23–669, adopted August 

14, 2023, and released August 14, 2023 

(Order). The full text of this document 

is available at the following internet 

address: https://www.fcc.gov/document/ 

wcb-grants-limited-waiver-ecf-invoicefiling-deadline. 

I. Introduction 

1. In the Order, the Bureau grants a 

petition for limited waiver of the 

Emergency Connectivity Fund (ECF) 

program’s invoice filing deadline 

submitted by T-Mobile USA, Inc. 

Specifically, the Bureau waives 

§ 54.1711(d) of the Commission’s rules 

to provide an automatic, one-time 

extension of the invoicing filing 

deadline to October 30, 2023 for any 

funding requests with an invoice filing 

deadline date occurring before October 

30, 2023. The Bureau recognizes that 

many participants with a service 

delivery deadline of June 30, 2023, or a 

service delivery deadline that occurs 

shortly thereafter as a result of the 

Bureau’s May 2023 Service Delivery 

Deadline Extension Order, In the Matter 

of Establishing Emergency Connectivity 

Fund to Close the Homework Gap, WC 

Docket No. 21–93, Order, rel. May 12, 

2023, DA 23–405, 88 FR 36510 (June 5, 

2023), may require additional time to 

complete the invoicing process for 

eligible equipment and services that 

have already been delivered and 

provided to students, school staff, and 

library patrons with unmet needs. The 

Bureau finds that a one-time extension 

of the invoice filing deadline for 

applicants and service providers with 

an invoice filing deadline that falls 

before October 30, 2023 (Affected 

Participants), will provide them with 

sufficient flexibility to complete and 

submit their invoicing forms and 

necessary supporting documentation to 

USAC, the Administrator of the ECF 

program, in order to receive their 

committed funding. Accordingly, the 

Bureau directs USAC to provide an 

automatic, one-time extension of the 

invoice filing deadline to October 30, 

2023 for any funding requests with an 

invoice filing deadline occurring before 

October 30, 2023, and the Bureau 

modifies § 54.1711(d) of the 

Commission’s rules to provide 60 days 

to submit invoices from the date of the 

notification by USAC that a refund 

request is processed by USAC. 

II. Discussion 

2. Generally, the Commission’s rules 

may be waived for good cause shown. 

The Commission may exercise its 

discretion to waive a rule where the 

particular facts make strict compliance 

inconsistent with the public interest. In 

addition, the Commission may take into 

account considerations of hardship, 

equity, or more effective 

implementation of overall policy on an 

individual basis. 

3. To ensure ECF program 

participants can seek reimbursement for 

all of their approved ECF funding used 

to connect students, school staff, and 

library patrons with unmet needs, the 

Bureau finds good cause exists to waive 

and extend the invoice filing deadline 

until October 30, 2023, for applicants 

and service providers with invoice filing 

deadlines occurring before that date. In 

addition, the Bureau also modifies 

§ 54.1711(d) of the Commission’s rules 

to allow invoices to be submitted within 

60 days from the date that USAC issues 

a notification that a refund request 

submitted by an ECF participant has 

been processed. In particular, the 

Bureau recognizes that due to the 

evolving and emergent nature of this 

program, complexities in the invoicing 


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58510 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 

process, and the impact of recent service 

delivery deadline extensions provided 

by the Bureau, some program 

participants may have difficulty timely 

submitting invoices by their current 

invoice filing deadlines that fall before 

October 30, 2023, despite every attempt 

to comply with the program’s rules. The 

Bureau also understands that at times, 

ECF funds must be returned (e.g., to 

correct entity information) and USAC 

must process the refund request first, 

before the party is able to submit a 

corrected invoice for a funding request. 

Furthermore, although the Commission 

leveraged existing E-Rate processes and 

forms in the ECF program, including 

invoicing, the Bureau understands that 

the ECF program has a shorter invoice 

filing period than the E-Rate program 

and that this is the first time some 

applicants and service providers are 

submitting invoices using USAC’s 

system, the ECF Portal, altogether. The 

Bureau also acknowledges the 

coinciding timing of the invoicing 

process for Affected Participants with 

many schools’ summer vacations and 

start of the school year. Taken together, 

the Bureau finds that such factors have 

contributed to the need for additional 

time to file invoices and present 

compelling and unique circumstances 

that merit a waiver and modification of 

§ 54.1711(d) of the Commission’s rules. 

4. Moreover, The Bureau finds that a 

waiver and modification of § 54.1711(d) 

will not lead to any undue advantage in 

funding as the Affected Participants will 

not receive more funding than allowed 

under the ECF program rules, and their 

equipment and services have already 

been received and delivered. In 

addition, the Bureau finds that the 

public interest would not be served 

were these otherwise eligible ECF 

participants to lose ECF funding for 

eligible equipment and services needed 

to connect students, school staff, and 

library patrons with unmet needs who 

otherwise are not able to fully engage in 

remote learning because of their 

inability to submit invoices by their 

current invoice filing deadline or 

because of the delay in the processing 

of their refund request. Thus, the 

Bureau finds that providing an 

automatic, one-time extension of the 

invoice filing deadline to October 30, 

2023, for Affected Participants and a 

modification of § 54.1711(d) to account 

for the processing of refund requests 

strikes the right balance between the 

need for efficient administration of the 

ECF program and allowing applicants 

and service providers adequate time to 

receive their approved and committed 

ECF funding pursuant to the 

Commission’s rules. The Bureau 

therefore grants T-Mobile’s request for 

limited waiver and modification of 

§ 54.1711(d) of the Commission’s rules, 

and direct USAC to provide Affected 

Participants with an automatic, onetime extension to submit their invoices 

to USAC no later than October 30, 2023. 

5. In granting the requested relief, the 

Bureau emphasizes that the Order does 

not extend ECF program participants’ 

service delivery deadlines, nor does it 

alter the obligation of participants to 

comply with the other program 

requirements set out in the 

Commission’s rules, including their 

obligation to certify to receipt of eligible 

equipment and/or services and that they 

are not willfully or knowingly 

requesting reimbursement for 

equipment or services that are not being 

used on their ECF FCC Forms 472 and 

474 (i.e., the requests for 

reimbursement). As such, the Bureau 

reminds applicants that all eligible 

equipment and services, including 

funding requests for special 

construction, must be delivered by their 

service delivery date. The Bureau also 

reminds applicants that, unlike E-Rate 

program rules, ECF program rules do 

not permit any invoice filing extensions. 

For this reason, any ECF program 

participant that requires additional time 

to submit their requests for 

reimbursement beyond the relief 

granted herein must file a request for 

waiver directly with the Commission 

and demonstrate good cause. 

6. This document does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified information 

collection burden for small business 

concerns with fewer than 25 employees, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4). 

7. The Bureau also modifies 

§ 54.1711(d) of the Commission’s rules 

to reflect the updated invoice filing 

deadline rule adopted herein. The 

Bureau makes this change without 

notice and comment in accordance with 

the exception to the Administrative 

Procedure Act (APA) for procedural 

rules. The updated rule will become 

effective August 28, 2023. 

8. The Commission will not send a 

copy of the Order to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A), because 

the adopted rule is a rule of agency 

organization, procedure, or practice that 

does not ‘‘substantially affect the rights 

or obligations of non-agency parties.’’ 

9. Finally, waiving the invoice filing 

deadline does not increase the risk of 

waste, fraud, or abuse. The Bureau 

emphasizes that the Commission is 

committed to protecting the integrity of 

the ECF program and ensuring that 

funds disbursed through the program 

are used for their intended purposes to 

provide broadband connectivity and 

connected devices to students, school 

staff, and library patrons with unmet 

needs. Although the Bureau grants a 

limited waiver of the Commission’s 

invoice filing deadline for certain ECF 

funding requests, this action does not 

affect the authority of the Commission 

or USAC to conduct audits or 

investigations to determine compliance 

with ECF program rules and 

requirements. The Commission is also 

required to recover funds determined to 

be disbursed in violation of statutory 

and/or rule requirements. 

III. Ordering Clauses 

10. Accordingly, it is ordered, 

pursuant to the authority contained in 

sections 1–4 and 254 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151–154 and 254, 

and §§ 0.91, 0.291, and 1.3 of the 

Commission’s rules, 47 CFR 0.91, 0.291, 

and 1.3, that § 54.1711(d) of the 

Commission’s rules, 47 CFR 54.1711(d), 

is waived and amended to the extent 

provided herein. 

11. It is further ordered, that pursuant 

to § 1.102(b)(1) of the Commission’s 

rules, 47 CFR 1.102(b)(1), the Order 

shall be effective upon release. 

12. The amended rule adopted in the 

Order constitutes a rule of agency 

organization, procedure and practice 

and is not subject to the Administrative 

Procedure Act requirements. 

Accordingly, this amended rule is 

effective August 28, 2023. 

List of Subjects in 47 CFR Part 54 

Communications common carriers, 

Health facilities, Infants and children, 

internet, Libraries, Puerto Rico, 

Reporting and recordkeeping 

requirements, Schools, 

Telecommunications, Telephone, Virgin 

Islands. 

Federal Communications Commission. 

Jodie Griffin, 

Chief, Telecommunications Access Policy 

Division, Wireline Competition Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 54 as 

follows: 


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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 58511 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 155, 201, 

205, 214, 219, 220, 229, 254, 303(r), 403, 

1004, 1302, 1601–1609, and 1752, unless 

otherwise noted. 

■ 2. Revise § 54.1711(d) to read as 

follows: 

§ 54.1711 Emergency Connectivity Fund 

requests for reimbursement. 

* * * * * 

(d) Invoice filing deadline. Invoices 

must be submitted to the Administrator 

within 60 days from the date of a 

funding commitment decision letter; a 

revised funding commitment decision 

letter approving a post-commitment 

change or a successful appeal of a 

previously denied or reduced funding; 

notification by the Administrator of a 

processed returned funds (or refund) 

request; or service delivery date, 

whichever is later. 

* * * * * 

[FR Doc. 2023–18464 Filed 8–25–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 230822–0202] 

RIN 0648–BH85 

Endangered and Threatened Species: 

Designation of Nonessential 

Experimental Populations of Chinook 

Salmon Upstream of Shasta Dam, 

Authorization for Release, and 

Adoption of Limited Protective 

Regulations Under the Endangered 

Species Act Sections 10(j) and 4(d) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; notification of 

availability of a final environmental 

assessment. 

SUMMARY: We, NMFS, designate and 

authorize the release of nonessential 

experimental populations (NEPs or 

experimental populations) of 

Sacramento River (SR) winter-run 

Chinook salmon (Oncorhynchus 

tshawytscha) and Central Valley (CV) 

spring-run Chinook salmon (O. 

tshawytscha) in the McCloud and Upper 

Sacramento Rivers upstream of Shasta 

Dam (the NEP Area), California, and, 

under the Endangered Species Act 

(ESA), establish a limited set of take 

exceptions for the experimental 

populations. Successful reintroduction 

of populations within the species’ 

historical ranges will contribute to 

viability and further conservation of 

these species. The issuance of limited 

protective regulations for the 

conservation of these species will 

provide assurances regarding the 

regulatory provisions of the ESA as they 

apply to SR winter-run and CV springrun Chinook salmon to the people in the 

Upper Sacramento River and McCloud 

River watersheds. This final rule also 

announces the availability of a final 

environmental assessment (EA) that 

analyzed the environmental impacts of 

promulgating the experimental 

population rule and associated take 

exceptions. 

DATES: The final rule is effective 

September 27, 2023. 

ADDRESSES: The final Environmental 

Assessment and other reference 

materials can be obtained at NMFS’ 

National Environmental Policy Act 

(NEPA) website at: https://

www.westcoast.fisheries.noaa.gov/ 

publications/nepa/nepa_

documents.html or by submitting a 

request to the Assistant Regional 

Administrator, California Central Valley 

Office, West Coast Region, NMFS, 650 

Capitol Mall, Suite 5–100, Sacramento, 

CA 95814. 

FOR FURTHER INFORMATION CONTACT: 

Steve Edmondson, steve.edmondson@

noaa.gov or by phone at (916) 930–3600, 

or by mail at National Marine Fisheries 

Service, 650 Capitol Mall, Suite 5–100, 

Sacramento, CA 95814. 

SUPPLEMENTARY INFORMATION: 

Background Information Relevant to 

Experimental Population Designation 

NMFS listed the SR winter-run 

Chinook salmon Evolutionarily 

Significant Unit (ESU) as endangered 

under the ESA, 16 U.S.C. 1531 et seq., 

on January 4, 1994 (59 FR 440) and 

reaffirmed this status on June 28, 2005 

(70 FR 37159), and 5-year reviews 

announced on August 15, 2011 (76 FR 

50448), April 14, 2014 (79 FR 20802), 

and May 26, 2016 (81 FR 33468). 

Section 9 of the ESA prohibits take of 

the endangered SR winter-run Chinook 

salmon. The State of California listed SR 

winter-run Chinook salmon as 

endangered in 1989 under the California 

Endangered Species Act (CESA). The 

federally listed ESU is composed of a 

single population that includes all 

naturally spawned SR winter-run 

Chinook salmon in the Sacramento 

River and its tributaries (70 FR 37160, 

June 28, 2005), as well as SR winter-run 

Chinook salmon that are part of the 

conservation hatchery program at the 

Livingston Stone National Fish 

Hatchery (NFH). Designated critical 

habitat of SR winter-run Chinook 

salmon (58 FR 33212, June 16, 1993) 

includes: (1) the Sacramento River from 

Keswick Dam, Shasta County (River 

Mile (RM) 302) to Chipps Island (RM 0) 

at the westward margin of the delta; (2) 

all waters from Chipps Island westward 

to Carquinez Bridge, including Honker 

Bay, Grizzly Bay, Suisun Bay, and 

Carquinez Strait; (3) all waters of San 

Pablo Bay westward of the Carquinez 

Bridge; and (4) those waters north of 

San Francisco-Oakland Bay Bridge. 

NMFS listed the CV spring-run 

Chinook salmon ESU as threatened 

under the ESA on September 16, 1999 

(64 FR 50394), and reaffirmed this status 

in a final rule on June 28, 2005 (70 FR 

37160), and 5-year reviews announced 

on August 15, 2011 (76 FR 50447), and 

May 26, 2016 (81 FR 33468). The listed 

ESU of CV spring-run Chinook salmon 

currently includes all naturally 

spawned populations of spring-run 

Chinook salmon in the Sacramento 

River and its tributaries, as well as the 

spring-run Chinook salmon from the 

Feather River Hatchery (FRH) springrun Chinook salmon program. On 

January 9, 2002 (67 FR 1116), NMFS 

issued protective regulations under 

section 4(d) of the ESA for CV springrun Chinook salmon that apply the take 

prohibitions of section 9(a)(1) of the 

ESA except for listed exceptions (see 50 

CFR 223.203). Critical habitat has been 

designated for CV spring-run Chinook 

salmon (70 FR 52488, September 2, 

2005), and includes most of the 

occupied riverine habitat within their 

extant range. CV spring-run Chinook 

salmon are also listed as a threatened 

species by the State of California under 

CESA, California Fish and Game Code, 

Division 3, Chapter 1.5. 

In 2014, we adopted a final recovery 

plan for the SR winter-run and CV 

spring-run Chinook salmon ESUs (79 FR 

42504, July 22, 2014). The Central 

Valley Recovery Plan identifies reestablishing populations of SR winterrun and CV spring-run Chinook salmon 

above impassable barriers to 

unoccupied historical habitats as an 

important recovery action (NMFS 2014). 

More specifically, the Central Valley 

Recovery Plan explains that reestablishing populations above 

impassable barriers, such as Shasta 

Dam, would aid in recovery of the ESUs 

by increasing abundance, spatial 

structure and diversity and by reducing 

the risk of extinction to the ESUs. 


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