66728 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 

(b) Within 10 working days (excepting 

Saturdays, Sundays, and legal public 

holidays) after a request for records is 

logged by the Records Access Officer, 

the record shall be furnished or a letter 

shall be sent to the person making the 

request determining whether, or the 

extent to which, the Commission will 

comply with the request, and, if any 

records are denied, the reasons therefor. 

* * * * * 

(c) If any record is denied, the letter 

shall state the right of the person 

requesting such records to appeal any 

adverse determination to the Executive 

Director of the Commission. Such an 

appeal shall be filed within 30 days 

from receipt of the Records Access 

Officer’s determination denying the 

requested information (where the entire 

request has been denied), or from the 

receipt of any information made 

available pursuant to the request (where 

the request has been denied in part). 

Within 20 working days (excepting 

Saturdays, Sundays, and legal public 

holidays) after receipt of any appeal, or 

any authorized extension, the Executive 

Director or the Executive Director’s 

designee shall make a determination 

and notify the appellant of such 

determination. If the appeal is decided 

in favor of the appellant the requested 

information shall be promptly supplied 

as provided in this part. If on appeal the 

denial of the request for records is 

upheld in whole or in part, the 

appellant shall be entitled to appeal to 

the Commission at its regular meeting. 

In the event that the Commission 

confirms the Executive Director’s denial 

the appellant shall be notified of the 

provisions for judicial review. 

* * * * * 

■ 17. In § 401.110, revise paragraphs 

(a)(1)(i)(A) and (c) to read as follows: 

§ 401.110 Fees. 

(a) * * * 

(1) * * * 

(i) * * * 

(A) Processing requests for records; 

* * * * * 

(c) Payment shall be made by check 

or money order payable to ‘‘Delaware 

River Basin Commission’’ and shall be 

sent to the Records Access Officer. 

■ 18. Revise § 401.115 to read as 

follows: 

§ 401.115 Discretionary disclosure by the 

Executive Director. 

(a) The Executive Director may 

exercise discretion to disclose part or all 

of any Commission record that is 

otherwise exempt from disclosure 

pursuant to this part whenever the 

Executive Director determines that such 

disclosure is in the public interest, will 

promote the objectives of the 

Commission, and is consistent with the 

rights of individuals to privacy, the 

property rights of persons in trade 

secrets, and the need for the 

Commission to promote frank internal 

policy deliberations and to pursue its 

regulatory activities without disruption. 

(b) Discretionary disclosure of a 

record pursuant to this section shall 

invoke the requirement that the record 

shall be disclosed to any person who 

requests it pursuant to § 401.108, but 

shall not set a precedent for 

discretionary disclosure of any similar 

or related record and shall not obligate 

the Executive Director to disclose any 

other record that is exempt from 

disclosure. 

Subpart I—General Provisions 

■ 19. In § 401.121, redesignate 

paragraph (e) as paragraph (f) and add 

new paragraph (e) to read as follows: 

§ 401.121 Definitions. 

* * * * * 

(e) Material change shall mean a 

change to a project previously approved 

by the Commission that is important in 

determining whether the project would 

substantially impair or conflict with the 

Commission’s comprehensive plan. 

* * * * * 

Dated: September 21, 2023. 

Pamela M. Bush, 

Commission Secretary/Assistant General 

Counsel. 

[FR Doc. 2023–21117 Filed 9–27–23; 8:45 am] 

BILLING CODE 6360–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

[REG–120727–21] 

RIN 1545–BQ29 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2590 

RIN 1210–AC11 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Parts 146 and 147 

[CMS–9902–P] 

RIN 0938–AU93 

Requirements Related to the Mental 

Health Parity and Addiction Equity Act; 

Extension of Comment Period 

AGENCY: Internal Revenue Service, 

Department of the Treasury; Employee 

Benefits Security Administration, 

Department of Labor; Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services. 

ACTION: Proposed rules; extension of 

comment period. 

SUMMARY: This document extends the 

comment period for the proposed rules 

entitled ‘‘Requirements Related to the 

Mental Health Parity and Addiction 

Equity Act’’ that were published in the 

August 3, 2023, issue of the Federal 

Register. The comment period for the 

proposed rules, which had been 

scheduled to close on October 2, 2023, 

is extended 15 days to October 17, 2023. 

DATES: The comment period for the 

proposed rules published August 3, 

2023, at 88 FR 51552, is extended. To 

be assured consideration, comments 

must be received at one of the addresses 

provided below, no later than October 

17, 2023. 

ADDRESSES: Written comments may be 

submitted to the addresses specified 

below. Any comment that is submitted 

will be shared with the Department of 

the Treasury (Treasury Department), 

Internal Revenue Service (IRS), and the 

Department of Health and Human 

Services (HHS). Please do not submit 

duplicates. 

Comments will be made available to 

the public. Warning: Do not include any 

personally identifiable information 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 66729 

1 Department of Labor, Employee Benefits 

Security Administration, Technical Release 2023– 

01P: Request for Comment on Proposed Relevant 

Data Requirements for Nonquantitative Treatment 

Limitations (NQTLs) Related to Network 

Composition and Enforcement Safe Harbor for 

Group Health Plans and Health Insurance Issuers 

Subject to the Mental Health Parity and Addiction 

Equity Act (July 25, 2023), available at https://

www.dol.gov/agencies/ebsa/employers-andadvisers/guidance/technical-releases/23-01. 

(such as name, address, or other contact 

information) or confidential business 

information that you do not want 

publicly disclosed. All comments are 

posted on the internet exactly as 

received and can be retrieved by most 

internet search engines. No deletions, 

modifications, or redactions will be 

made to the comments received, as they 

are public records. Comments may be 

submitted anonymously. 

In commenting, please refer to file 

code 1210–AC11. Because of staff and 

resource limitations, the Department of 

Labor (DOL) cannot accept comments by 

facsimile (FAX) transmission. 

Comments, including mass comment 

submissions, must be submitted in one 

of the following two ways (please 

choose only one of the ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

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

the ‘‘Submit a comment’’ instructions. 

2. By mail. You may mail written 

comments to the following address 

ONLY: Office of Health Plan Standards 

and Compliance Assistance, Employee 

Benefits Security Administration, Room 

N–5653, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210, Attention: 1210–AC11. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

FOR FURTHER INFORMATION CONTACT: 

Shira McKinlay, Internal Revenue 

Service, Department of the Treasury, at 

202–317–5500; Beth Baum or David 

Sydlik, Employee Benefits Security 

Administration, Department of Labor, at 

202–693–8335; David Mlawsky, Centers 

for Medicare & Medicaid Services, 

Department of Health and Human 

Services, at 410–786–6851. 

Customer Service Information 

Individuals interested in obtaining 

information from DOL concerning 

private employment-based health 

coverage laws may call the Employee 

Benefits Security Administration 

(EBSA) Toll-Free Hotline at 1–866–444– 

EBSA (3272) or visit the DOL’s website 

(www.dol.gov/agencies/ebsa). 

In addition, information from HHS on 

private health insurance coverage and 

coverage provided by self-funded, nonFederal governmental group health 

plans can be found on the Centers for 

Medicare & Medicaid Services (CMS) 

website (www.cms.gov/cciio), and 

information on health care reform can 

be found at www.Healthcare.gov or 

https://www.hhs.gov/healthcare/ 

index.html. In addition, information 

about mental and behavioral health and 

addiction is available at https://

www.samhsa.gov/mental-health and 

https://www.samhsa.gov/find-support. 

SUPPLEMENTARY INFORMATION: In the 

proposed rules, ‘‘Requirements Related 

to the Mental Health Parity and 

Addiction Equity Act,’’ released by the 

Departments of the Treasury, Labor, and 

HHS (collectively, the Departments) on 

July 25, 2023, and published in the 

Federal Register on August 3, 2023 (88 

FR 51552), the Departments solicited 

public comments on proposals to amend 

the regulations that implement the Paul 

Wellstone and Pete Domenici Mental 

Health Parity and Addiction Equity Act 

of 2008 (MHPAEA) and establish new 

regulations for the nonquantitative 

treatment limitation (NQTL) 

comparative analyses required under 

MHPAEA, as amended by the 

Consolidated Appropriations Act, 2021. 

The proposed rules would amend the 

existing NQTL standard to prevent 

group health plans and health insurance 

issuers offering group or individual 

health insurance coverage that provides 

both medical and surgical benefits and 

mental health or substance use disorder 

benefits from using NQTLs to place 

greater limits on access to mental health 

and substance use disorder benefits as 

compared to medical/surgical benefits. 

As part of these proposed changes, the 

proposed rules would require plans and 

issuers to collect and evaluate relevant 

data in a manner reasonably designed to 

assess the impact of NQTLs on access to 

mental health and substance use 

disorder benefits and medical/surgical 

benefits, and propose a special rule for 

NQTLs related to network composition. 

The proposed rules also would amend 

existing examples and add new 

examples on the application of the rules 

for NQTLs to clarify and illustrate the 

protections of MHPAEA. In addition, 

the proposed rules would set forth the 

content requirements for NQTL 

comparative analyses and specify how 

plans and issuers must make these 

comparative analyses available to the 

Departments, as well as to an applicable 

State authority, and participants, 

beneficiaries, and enrollees. The 

Departments also solicited comments on 

whether there are ways to improve the 

coverage of mental health and substance 

use disorder benefits through other 

provisions of Federal law. Additionally, 

HHS proposed amendments to 

implement the sunset provision for selffunded, non-Federal governmental plan 

elections to opt out of compliance with 

MHPAEA, as adopted in the 

Consolidated Appropriations Act, 2023. 

The comment period for the proposed 

rules was scheduled to close on October 

2, 2023. 

Additionally, on July 25, 2023, DOL, 

in collaboration with HHS and the 

Treasury Department, issued Technical 

Release 2023–01P.1 The Technical 

Release sets out principles and seeks 

public comment to inform future 

guidance with respect to the application 

of the proposed data collection and 

evaluation requirements to NQTLs 

related to network composition and a 

potential time-limited enforcement safe 

harbor for plans and issuers that include 

data in their comparative analyses that 

demonstrates they meet or exceed all of 

the thresholds identified in future 

guidance with respect to NQTLs related 

to network composition. Specifically, 

the Technical Release solicits feedback 

on the type, form, and manner for the 

data that plans and issuers would be 

required to include, along with other 

relevant data as appropriate, as part of 

their comparative analyses for NQTLs 

related to network composition which 

must be submitted to the Departments 

upon request. The Technical Release 

also solicits feedback on how to define 

certain thresholds for required data and 

a potential time-limited enforcement 

safe harbor to be specified in future 

guidance that, if satisfied, would 

demonstrate to the Departments that a 

plan or coverage provides comparable 

access to in-network providers for 

mental health and substance use 

disorder benefits as compared to 

medical/surgical benefits. In turn, if all 

of these safe harbor thresholds are met 

or exceeded, the plan or issuer would 

not be subject to Federal enforcement 

under MHPAEA with respect to NQTLs 

related to network composition for a 

specified period of time. Comments on 

Technical Release 2023–01P should be 

sent via email to mhpaea.rfc.ebsa@

dol.gov. All comments on Technical 

Release 2023–01P submitted to DOL 

will be shared with HHS, the IRS, and 

the Treasury Department and posted on 

DOL’s Employee Benefits Security 

Administration’s (EBSA) website. The 

comment period for Technical Release 

2023–01P was scheduled to close on 

October 2, 2023. 

Since the publication of the proposed 

rules in the Federal Register and the 

release of Technical Release 2023–01P 

on EBSA’s website, there has been 

considerable interest expressed in these 


ddrumheller on DSK120RN23PROD with PROPOSALS1
66730 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 

1Treasury, FinCEN, Beneficial Ownership 

Information Reporting Requirements, 87 FR 59498 

(Sept. 30, 2022). 

2The Reporting Rule is the first in a series of 

rulemakings to implement the CTA, enacted on 

January 1, 2021, as part of the Anti-Money 

Laundering Act of 2020 and codified at 31 U.S.C. 

5336. The CTA is Title LXIV of the William M. 

(Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021, Public Law 116–283 (Jan. 

1, 2021) (the NDAA). Division F of the NDAA is the 

Anti-Money Laundering Act of 2020, which 

includes the CTA. 

3See 31 U.S.C. 5336(a)(11). 

4See U.S. Department of the Treasury (Treasury), 

FinCEN, Beneficial Ownership Information 

Reporting Requirements, 87 FR 59498, 59498–99 

(Sept. 30, 2022). 

5Public Law 116–283, Section 6402 (Jan. 1, 2021). 

6 Id. 

7 31 CFR 1010.380(a)(iii). 

8 31 CFR 1010.380(a)(i)–(ii). 

documents, and some interested parties 

have requested additional time to 

review and submit comments. The 

Departments value public feedback as 

they consider whether and how to issue 

final rules and future guidance. In 

response to these requests, the 

Departments are extending the period 

for submitting comments on the 

proposed rules to October 17, 2023. 

Additionally, to ensure consistency 

with the comment period for the 

proposed rules, DOL is simultaneously 

extending the comment period for 

Technical Release 2023–01P to October 

17, 2023. To be assured consideration, 

comments on the proposed rules and 

Technical Release must be received no 

later than October 17, 2023. 

Dated: September 22, 2023. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement, Internal Revenue Service. 

Lisa M. Gomez, 

Assistant Secretary, Employee Benefits, 

Security Administration, Department of 

Labor. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2023–21177 Filed 9–27–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1010 

RIN 1506–AB62 

Beneficial Ownership Information 

Reporting Deadline Extension for 

Reporting Companies Created or 

Registered in 2024 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Notice of Proposed Rulemaking 

(NPRM). 

SUMMARY: FinCEN is proposing to 

amend the beneficial ownership 

information (BOI) reporting rule 

(Reporting Rule) to extend the filing 

deadline for certain BOI reports. Under 

the Reporting Rule, entities created or 

registered on or after the rule’s effective 

date of January 1, 2024, must file initial 

BOI reports with FinCEN within 30 days 

of notice of their creation or registration. 

This proposed amendment would 

extend that filing deadline from 30 days 

to 90 days for entities created or 

registered on or after January 1, 2024, 

and before January 1, 2025, to give those 

entities additional time to understand 

the new reporting obligation and collect 

the necessary information to complete 

the filing. Entities created or registered 

on or after January 1, 2025, would have 

30 days to file their BOI reports with 

FinCEN, as required under the 

Reporting Rule. 

DATES: Written comments on this 

proposed rule may be submitted on or 

before October 30, 2023. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal E-rulemaking Portal: 

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

instructions for submitting comments. 

Refer to Docket Number FINCEN–2023– 

0014 and the Office of Management and 

Budget (OMB) control number 1506– 

0076. 

• Mail: Policy Division, Financial 

Crimes Enforcement Network, P.O. Box 

39, Vienna, VA 22183. Refer to Docket 

Number FINCEN–2023–0014 and OMB 

control number 1506–0076. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Regulatory Support Section at 

1–800–767–2825 or electronically at 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

In this NPRM, FinCEN is proposing to 

amend the Reporting Rule 1 to extend 

the deadline to file initial BOI reports 

for entities created or registered on or 

after the rule’s effective date of January 

1, 2024, and before January 1, 2025. 

Under the Reporting Rule, such entities 

must file initial BOI reports with 

FinCEN within 30 days of notice of their 

creation or registration. The proposed 

amendment would extend that filing 

deadline from 30 days to 90 days for 

entities created or registered on or after 

January 1, 2024, and before January 1, 

2025, to give those entities additional 

time to understand the new reporting 

obligation and collect the necessary 

information to complete their filings. 

Entities created or registered on or after 

January 1, 2025, would have 30 days to 

file their BOI reports with FinCEN, as 

required under the Reporting Rule. 

II. Background 

On September 30, 2022, FinCEN 

published the Reporting Rule, with an 

effective date of January 1, 2024.2 The 

Reporting Rule requires certain 

corporations, limited liability 

companies, and other similar entities 

(‘‘reporting companies’’) 3 to report 

certain identifying information about 

the beneficial owners who own or 

control such entities and the company 

applicants who form or register them.4

These requirements are intended to 

facilitate access to BOI for certain 

authorized recipients, including law 

enforcement and regulators, for the 

purpose of countering money 

laundering, the financing of terrorism, 

and other illicit activity.5 The Corporate 

Transparency Act (CTA) directs FinCEN 

to promulgate regulations that achieve 

the objectives of the statute, while 

minimizing burdens on reporting 

companies to the greatest extent 

practicable and ensuring that the BOI 

collected is ‘‘highly useful’’ for national 

security, intelligence, and law 

enforcement activities.6

The Reporting Rule requires reporting 

companies to report to FinCEN within 

prescribed time periods information 

about themselves, as well as information 

about two categories of individuals: (1) 

the beneficial owners of the reporting 

company; and (2) the company 

applicants, who are the individuals who 

filed a document to create the reporting 

company or register it to do business. 

For a domestic or foreign reporting 

company created or registered to do 

business in the United States before the 

rule’s effective date of January 1, 2024, 

an initial BOI report must be filed by 

January 1, 2025.7 For a reporting 

company created or registered on or 

after January 1, 2024, however, the 

Reporting Rule requires that an initial 

BOI report must be filed within 30 days 

of the earlier of the date on which it 

receives actual notice or public notice 

that it has been created or registered.8

III. Proposed Extension of Time for 

Certain Reporting Companies 

FinCEN proposes to extend the period 

for certain reporting companies to file 

initial BOI reports. Under this proposed 

amendment to the Reporting Rule, 

reporting companies created or 

registered on or after January 1, 2024, 

and before January 1, 2025, would have 

90 days to submit their initial BOI 


ddrumheller on DSK120RN23PROD with PROPOSALS1