Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77313 

1 40 CFR 1500.1. 

2 40 CFR 1501.4. 

3 88 FR 49924. 

4 42 U.S.C. 4336c. 

meeting of the Children’s Health 

Protection Advisory Committee 

(CHPAC) will be held virtually and inperson on December 13 and 14, 2023 at 

the U.S. Environmental Protection 

Agency (EPA) Headquarters located at 

1200 Pennsylvania Avenue NW, 

Washington, DC 20460. The CHPAC 

advises the EPA on science, regulations 

and other issues relating to children’s 

environmental health. 

DATES: Meeting dates are December 13, 

2023, from 10:00 a.m. to 5:00 p.m. and 

December 14, 2023, from 10:00 a.m. to 

3:30 p.m. (EST). 

ADDRESSES: 

Virtual Public Meeting: You must 

register online to receive the webcast 

meeting link and audio teleconference 

information. Please follow the 

registration instructions that will be 

announced on the CHPAC website at: 

https://www.epa.gov/children/chpac by 

December 1, 2023. 

Written Comments: Submit written 

comments, identified by docket 

identification (ID) number EPA–HQ– 

OA–2023–0030, through the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Comments should be submitted on or 

before December 7, 2023. Anyone 

submitting written comments after this 

date should contact Amelia Nguyen, 

listed under FOR FURTHER INFORMATION

CONTACT. Do not electronically submit 

any information you consider to be 

Confidential Business Information (CBI; 

broadly defined as proprietary 

information, considered confidential to 

the submitter, the release of which 

would cause substantial business injury 

to the owner) or other information 

whose disclosure is restricted by statute. 

Additional information on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

Special Accommodations: For 

information on access or services for 

individuals with disabilities, and to 

request accommodation for a disability, 

please contact Amelia Nguyen, listed 

under FOR FURTHER INFORMATION

CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Amelia Nguyen, Office of Children’s 

Health Protection, U.S. EPA, MC 1107T, 

1200 Pennsylvania Avenue NW, 

Washington, DC 20460, (202) 564–4268, 

or nguyen.amelia@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

meetings of the CHPAC are open to the 

public. An agenda will be posted to 

https://www.epa.gov/children/chpac. 

Amelia Nguyen, 

Biologist, Office of Children’s Health 

Protection. 

[FR Doc. 2023–24779 Filed 11–8–23; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Adoption of Department of Energy 

Categorical Exclusion Under the 

National Environmental Policy Act 

AGENCY: Export-Import Bank of the 

United States 

ACTION: Notice. 

SUMMARY: The Export-Import Bank of 

the United States (EXIM) has identified 

a categorical exclusion (CE) established 

by the Department of Energy (DOE) that 

covers categories of actions that EXIM 

proposes to take. This notice identifies 

the DOE CE and EXIM’s categories of 

proposed actions for which it intends to 

use DOE’s CE and describes the 

consultation between the agencies. 

DATES: The CE identified below is 

available for EXIM to use for its 

proposed actions effective November 9, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Scott Condren (VP Policy Analysis), 

Scott.Condren@exim.gov, (202)565– 

3777; Tiffin Caverly (VP Engineering & 

Environment), Tiffin.Caverly@exim.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NEPA and CEs 

The National Environmental Policy 

Act, 42 U.S.C. 4321–4347, (NEPA) 

requires Federal agencies to interpret 

and administer Federal policies, 

regulations, and laws in accordance 

with NEPA’s policies and to consider 

environmental values in their decision 

making. 

Federal agencies are required to 

provide a detailed statement on 

proposals for major Federal actions 

significantly affecting the quality of the 

human environment.1 NEPA also 

created the Council of Environmental 

Quality (CEQ) as the body responsible 

for implementing NEPA. 

Categorical exclusions (CEs) can be 

used when there is a determination the 

proposed type of action would not have 

a significant effect on the human 

environment; this option eliminates the 

need for an environmental assessment 

(EA) or more detailed environmental 

impact statement (EIS).2

CEQ considers CEs ‘‘an important 

mechanism to promote efficiency in the 

NEPA process’’ and recognizes an 

agency’s ability to ‘‘identify and 

substantiate categories of actions that 

normally do not have a significant effect 

on the human environment.’’ 3

Section 109 of NEPA, enacted as part 

of the Fiscal Responsibility Act of 2023, 

allows a Federal agency to ‘‘adopt’’ or 

use another agency’s CEs for a category 

of proposed agency actions.4 To use 

another agency’s CEs under section 109, 

an agency must identify the relevant 

CEs listed in another agency’s 

(‘‘establishing agency’’) NEPA 

procedures that cover its category of 

proposed actions or related actions; 

consult with the establishing agency to 

ensure that the proposed adoption of the 

CE to a category of actions is 

appropriate; identify to the public the 

CE that the agency plans to use for its 

proposed actions; and document 

adoption of the CE. EXIM has prepared 

this notice to meet these statutory 

requirements. 

Program Background 

As the official export credit agency of 

the United States, ‘‘the mission of the 

Export-Import Bank of the United States 

is to support the creation of American 

jobs by facilitating the export of U.S. 

goods and services.’’ The Export-Import 

Bank of the United States (EXIM) steps 

in when the private sector does not 

provide financing for American 

businesses. The Bank’s actions have 

historically helped support these firms 

in competing with foreign businesses 

overseas. The Make More in America 

(MMIA) initiative applies EXIM’s 

authorities for medium and long-term 

(MLT) loans, loan guarantees, and 

insurance to export-oriented domestic 

projects. In doing so, MMIA allows 

EXIM to support American business 

during the whole export lifecycle. The 

purpose of such loans remains 

unchanged: to support U.S. 

employment. As EXIM usually lends to 

projects outside the United States, 

NEPA has not often been applicable 

because environmental effects are 

located entirely outside the jurisdiction 

of the United States. In the new MMIA 

initiative which focuses on domestic 

lending, borrowing and adopting CEs 

from another agency will speed up the 

processing time of deals and conserve 

staff resources. Faster processing times 

in this initiative will greatly facilitate 


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77314 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 

5 DOE NEPA regulations say ‘‘ ‘Previously 

disturbed or developed’ refers to land that has been 

changed such that its functioning ecological 

processes have been and remain altered by human 

activity. The phrase encompasses areas that have 

been transformed from natural cover to non-native 

species or a managed state, including, but not 

limited to, utility and electric power transmission 

corridors and rights-of-way, and other areas where 

active utilities and currently used roads are readily 

available.’’ 10 CFR 1021.410(g)(1). 

6EXIM’s Environmental and Social Due Diligence 

Procedures and Guidelines state that ‘‘applications 

greater than $10 Million will be classified as 

Category C if they are not related to a physical 

project or if they relate to projects which do not 

require further environmental review because they 

are likely to have minimal or no adverse 

environmental or social risks or impacts. This 

category includes transactions related to new, 

expansion or existing projects of the type that have 

little or no potential to cause environmental effects 

and do not impact sensitive locations.’’ Procedures 

and Guidelines, EXIM.GOV. 

EXIM’s support of American businesses 

and workers. 

II. DOE Categorical Exclusion 

EXIM proposes to adopt Department 

of Energy CE B1.31, Installation or 

relocation of machinery and equipment 

(10 CFR part 1021, subpart D, appendix 

B): 

Installation or relocation and operation of 

machinery and equipment (including, but not 

limited to, laboratory equipment, electronic 

hardware, manufacturing machinery, 

maintenance equipment, and health and 

safety equipment), provided that uses of the 

installed or relocated items are consistent 

with the general missions of the receiving 

structure. Covered actions include 

modifications to an existing building, within 

or contiguous to a previously disturbed or 

developed area 5 that are necessary for 

equipment installation and relocation. Such 

modifications would not appreciably 

increase the footprint or height of the existing 

building or have the potential to cause 

significant changes to the type and 

magnitude of environmental impacts. 

DOE CE B1.31 also includes 

additional conditions referred to as 

integral elements. (10 CFR part 1021 

subpart D, app. B). In order to apply the 

CE, the proposal must be one that would 

not: 

(1) Threaten a violation of applicable 

statutory, regulatory, or permit 

requirements for environment, safety, 

and health, or similar requirements or 

Executive Orders; 

(2) Require siting and construction or 

major expansion of waste storage, 

disposal, recovery, or treatment 

facilities (including incinerators), but 

the proposal may include categorically 

excluded waste storage, disposal, 

recovery, or treatment actions or 

facilities; 

(3) Disturb hazardous substances, 

pollutants, contaminants, or CERCLAexcluded petroleum and natural gas 

products that preexist in the 

environment such that there would be 

uncontrolled or unpermitted releases; 

(4) Have the potential to cause 

significant impacts on environmentally 

sensitive resources. An environmentally 

sensitive resource is typically a resource 

that has been identified as needing 

protection through Executive Order, 

statute, or regulation by Federal, state, 

or local government, or a federally 

recognized Indian tribe. An action may 

be categorically excluded if, although 

sensitive resources are present, the 

action would not have the potential to 

cause significant impacts on those 

resources (such as construction of a 

building with its foundation well above 

a sole-source aquifer or upland surface 

soil removal on a site that has 

wetlands). Environmentally sensitive 

resources include, but are not limited to: 

(i) Property (such as sites, buildings, 

structures, and objects) of historic, 

archeological, or architectural 

significance designated by a Federal, 

state, or local government, federally 

recognized Indian tribe, or Native 

Hawaiian organization, or property 

determined to be eligible for listing on 

the National Register of Historic Places; 

(ii) Federally listed threatened or 

endangered species or their habitat 

(including critical habitat) or Federallyproposed or candidate species or their 

habitat (Endangered Species Act); statelisted or state-proposed endangered or 

threatened species or their habitat; 

Federally-protected marine mammals 

and Essential Fish Habitat (Marine 

Mammal Protection Act; MagnusonStevens Fishery Conservation and 

Management Act); and otherwise 

Federally-protected species (such as the 

Bald and Golden Eagle Protection Act or 

the Migratory Bird Treaty Act); 

(iii) Floodplains and wetlands; 

(iv) Areas having a special 

designation such as Federally- and statedesignated wilderness areas, national 

parks, national monuments, national 

natural landmarks, wild and scenic 

rivers, state and Federal wildlife 

refuges, scenic areas (such as National 

Scenic and Historic Trails or National 

Scenic Areas), and marine sanctuaries; 

(v) Prime or unique farmland, or other 

farmland of statewide or local 

importance, as defined at 7 CFR 

658.2(a), ‘‘Farmland Protection Policy 

Act: Definitions,’’ or its successor; 

(vi) Special sources of water (such as 

sole-source aquifers, wellhead 

protection areas, and other water 

sources that are vital in a region); and 

(vii) Tundra, coral reefs, or rain 

forests; or 

(5) Involve genetically engineered 

organisms, synthetic biology, 

governmentally designated noxious 

weeds, or invasive species, unless the 

proposed activity would be contained or 

confined in a manner designed and 

operated to prevent unauthorized 

release into the environment and 

conducted in accordance with 

applicable requirements, such as those 

of the Department of Agriculture, the 

Environmental Protection Agency, and 

the National Institutes of Health. 

III. Proposed EXIM Category of Actions 

EXIM intends to apply this categorical 

exclusion to loans, loan guarantees, and 

insurance transactions. The scope of 

projects would be akin to projects from 

the Department of Energy’s Loans 

Program Office to which DOE has 

applied the categorical exclusion. These 

include purchase and installation of 

equipment in buildings, modifications 

to buildings in or contiguous to 

previously disturbed areas, such as a 

renovation of existing office, 

manufacturing, or lab space. In 

principle such transactions would be 

similar to EXIM’s export finance 

transactions deemed a category C under 

its Environmental and Social Due 

Diligence Procedures and Guidelines.6

IV. Consideration of Extraordinary 

Circumstances and DOE’s ‘‘Integral 

Elements’’ 

In assessing whether a categorical 

exclusion applies, EXIM would review 

whether there were extraordinary 

circumstances that would indicate a 

categorical exclusion is not appropriate 

due to the potential for a significant 

environmental effect. When applying 

this CE, EXIM will consider whether the 

proposed action has the potential to 

result in significant effects as described 

in DOE’s definition of extraordinary 

circumstances. DOE defines 

extraordinary circumstances as unique 

situations presented by specific 

proposals, including, but not limited to, 

scientific controversy about the 

environmental effects of the proposal; 

uncertain effects or effects involving 

unique or unknown risks; and 

unresolved conflicts concerning 

alternative uses of available resources. 

10 CFR 1021.410(b)(2). In addition, 

EXIM would review the proposed 

actions to ensure they do not breach the 

integral elements of classes of action in 

DOE’s regulations as discussed above. 

EXIM’s engineering and environment 

division will have responsibility for 

determining if a categorical exclusion 

applies. These determinations will be 

posted at https://www.exim.gov/ 

policies/exim-bank-and-environment/ 

make-more-america-initiative-approvedtransactions. 


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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77315 

Consultation and Determination of 

Appropriateness 

Consultations 

EXIM identified the DOE CE that 

could apply to EXIM’s proposed actions 

and consulted with DOE in September 

2023. During this consultation, the 

agencies discussed whether the 

categories of EXIM proposed actions 

would be appropriately covered by the 

DOE CE; the extraordinary 

circumstances that EXIM should 

consider before applying the CE to 

EXIM’s proposed actions; and the 

requirement to evaluate the conditions 

listed as integral elements in DOE’s 

regulations (10 CFR 1021, subpart D, 

appendix B (1)–(5)). The agencies also 

discussed DOE’s past use of the CE. 

At the conclusion of that process, the 

agencies determined that EXIM’s 

proposed use of the CE as described in 

this notice would be appropriate 

because the categories of actions for 

which EXIM plans to use the CE are 

consistent with the DOE CE. 

Notice to the Public and Documentation 

of the Adoption 

This notice serves to identify to the 

public and document EXIM’s adoption 

of DOE’s CE. The notice identifies the 

types of actions to which EXIM will 

apply the CE, as well as the 

considerations that EXIM will use in 

determining whether an action is within 

the scope of the CE. 

Scott Condren, 

Vice President, Policy Analysis. 

[FR Doc. 2023–24777 Filed 11–8–23; 8:45 am] 

BILLING CODE 6690–01–P 

EXPORT-IMPORT BANK 

[Public Notice: 2023–6050] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Application for Equity Express Select 

Insurance 

AGENCY: Export-Import Bank of the 

United States. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: The Export-Import Banks of 

the United States (EXIM), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

Agencies to comment on the proposed 

information collection, as required by 

the Paperwork Reduction Act of 1995. 

DATES: Comments must be received on 

or before January 8, 2024 to be assured 

of consideration. 

ADDRESSES: Comments may be 

submitted electronically on 

WWW.REGULATIONS.GOV (EIB 10–02) 

or by email Jennifer.Krause@exim.gov, 

or by mail to Jennifer Krause, ExportImport Bank of the United States, 811 

Vermont Ave. NW Washington, DC. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information, please 

contact Jennifer Krause, 

Jennifer.Krause@exim.gov, 305–526– 

7436 x24. 

SUPPLEMENTARY INFORMATION: This form 

is used by an exporter (or broker acting 

on its behalf) in order to obtain approval 

for coverage of the repayment risk of 

export sales. The information received 

allows EXIM staff to make a 

determination of the eligibility of the 

applicant and the creditworthiness of 

one of the applicant’s foreign buyers for 

EXIM assistance under its programs. 

The application tool can be reviewed 

at: https://img.exim.gov/s3fs-public/ 

pub/pending/eib23-02.pdf. 

Title and Form Number: EIB 23–02, 

Application for Equity Express Select 

Insurance. 

OMB Number: 3048–XXXX. 

Type of Review: Regular. 

Need and Use: 

This is the application form for use by 

underserved U.S. businesses with 

limited export experience. Companies 

that are eligible to use the Equity 

Express Select policy will need to 

answer approximately 20 questions and 

sign an acknowledgement of the 

certifications that appear on the reverse 

of the application form. This program 

does not provide discretionary credit 

authority to the U.S. exporter, and 

therefore the financial and credit 

information needs are minimized. 

Affected Public: This form affects 

entities involved in the export of U.S. 

goods and services. 

Annual Number of Respondents: 500. 

Estimated Time per Respondent: 0.25 

hours. 

Annual Burden Hours: 125 hours. 

Frequency of Reporting of Use: Once 

per year. 

Dated: November 3, 2023. 

Kalesha Malloy, 

IT Specialist and Privacy Officer. 

[FR Doc. 2023–24747 Filed 11–8–23; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–1222; FR ID 183730] 

Information Collection Being 

Submitted for Review and Approval to 

Office of Management and Budget 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, as 

required by the Paperwork Reduction 

Act (PRA) of 1995, the Federal 

Communications Commission (FCC or 

the Commission) invites the general 

public and other Federal Agencies to 

take this opportunity to comment on the 

following information collection. 

Pursuant to the Small Business 

Paperwork Relief Act of 2002, the FCC 

seeks specific comment on how it might 

‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ 

The Commission may not conduct or 

sponsor a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. No person shall 

be subject to any penalty for failing to 

comply with a collection of information 

subject to the PRA that does not display 

a valid OMB control number. 

DATES: Written comments and 

recommendations for the proposed 

information collection should be 

submitted on or before December 11, 

2023. 

ADDRESSES: Comments should be sent to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. Your comment must be 

submitted into www.reginfo.gov per the 

above instructions for it to be 

considered. In addition to submitting in 

www.reginfo.gov also send a copy of 

your comment on the proposed 

information collection to Nicole Ongele, 

FCC, via email to PRA@fcc.gov and to 

Nicole.Ongele@fcc.gov. Include in the 

comments the OMB control number as 

shown in the SUPPLEMENTARY

INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection, contact Nicole 

Ongele at (202) 418–2991. To view a 

copy of this information collection 

request (ICR) submitted to OMB: (1) go 

to the web page http://www.reginfo.gov/ 


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