Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80093 

■ 4. Revise Supplement No. 8 to part 

748 to read as follows: 

Supplement No. 8 to Part 748— 

Information Required in Requests for 

VEU Authorization 

VEU authorization applicants must provide 

to BIS certain information about the 

prospective and related respective validated 

end-user. This information must be included 

in requests for authorization submitted by 

prospective validated end-users, or exporters 

or reexporters who seek to have certain 

entities approved as validated end-users. BIS 

may, in the course of its evaluation, request 

additional information. 

A. Required Information for Both General 

and Data Center Validated End-user 

Authorization Requests 

(1) Name of proposed VEU candidates, 

including all names under which the 

candidate conducts business; complete 

company physical address (simply listing a 

post office box is insufficient); telephone 

number; fax number; email address; company 

website (if available); and name of individual 

who should be contacted if BIS has any 

questions. If the entity submitting the 

application is different from the prospective 

validated end-user identified in the 

application, this information must be 

submitted for both entities. If the candidate 

has multiple locations, all physical addresses 

located in the eligible destination must be 

listed. 

(2) Provide an overview of the structure, 

ownership and business of the prospective 

validated end-user. Include a description of 

the entity, including type of business 

activity, ownership, subsidiaries, and jointventure projects, as well as an overview of 

any business activity or corporate 

relationship that the entity has with either 

government or military organizations. 

(3) List the items proposed for VEU 

authorization approval and their intended 

end-uses. Include a description of the items; 

the ECCN for all items, classified to the 

subparagraph level, as appropriate; technical 

parameters for the items including 

performance specifications; and end-use 

description for the items. If BIS has 

previously classified the item, the 

Commodity Classification Automated 

Tracking System (CCATS) number may be 

provided in lieu of the information listed in 

the foregoing provisions of this paragraph. 

(4) Provide the physical address(es) of the 

location(s) where the item(s) will be used, if 

this address is different from the address of 

the prospective validated end-user provided 

in paragraph (1) of this supplement. 

(5) If the prospective validated end-user 

plans to reexport the item, specify the 

destination to which the items will be 

reexported. 

(6) Specify how the prospective validated 

end-user’s record keeping system will allow 

compliance with the recordkeeping 

requirements set forth in § 748.15(e) of the 

EAR. Describe the system that is in place to 

ensure compliance with VEU requirements. 

(7) Include an original statement on 

letterhead of the prospective validated enduser, signed and dated by a person who has 

authority to legally bind the prospective 

validated end-user, certifying that the enduser will comply with all VEU requirements. 

This statement must include 

acknowledgement that the prospective enduser: 

(i) Has been informed of and understands 

that the item(s) it may receive as a validated 

end-user will have been exported in 

accordance with the EAR and that use or 

diversion of such items contrary to the EAR 

is prohibited; 

(ii) Understands and will abide by all 

authorization VEU end-use restrictions, 

including the requirement that items 

received under authorization VEU will only 

be used for authorized end-uses and may not 

be used for any activities described in part 

744 of the EAR unless authorized by 

§ 748.15(d); 

(iii) Will comply with VEU recordkeeping 

requirements; and 

(iv) Agrees to allow on-site reviews by U.S. 

Government officials to verify the end-user’s 

compliance with the conditions of the VEU 

authorization. 

B. Additional Required Information for Data 

Center Validated End-User Authorization 

Requests 

(1) A description of controlled items 

required in the data center and an 

accompanying rationale for why these items 

are required; 

(2) An overview of any business activity or 

corporate relationship that the candidate has 

with either government or military 

organizations; 

(3) An overview of business activities or 

corporate relationships that the candidate has 

with any organization designated on the 

Entity List in Supp. No. 4 to part 744 and/ 

or Military End-User List in Supp. No. 7 to 

part 744; 

(4) Describe physical and logical security 

requirements for each location the controlled 

items will be housed (e.g., around the clock 

monitoring, cybersecurity requirements, 

third-party monitoring; and/or physical 

security); 

(5) A description of the policies and 

procedures governing employees physical 

and logical access to the VEU data center; 

(6) Absent a legal prohibition or other such 

exceptional circumstances, a list of current 

and potential customers of the data center; 

(7) An overview of the data center’s 

information security plan, which should 

include: 

(i) Cybersecurity plan; 

(ii) Logging and monitoring plan; 

(iii) Technology control plan that describes 

how much compute is required for the 

various end uses involved; 

(iv) Baseline cloud configuration and 

identity and access management process for 

tenants, if a cloud provider; 

(v) Personnel security plan; and 

(vi) An incident, identification, 

investigation, and reporting plan; 

(8) An explanation of the network 

infrastructure and architecture and service 

providers; 

(9) An overview of the applicant’s supply 

chain risk management plan that will prevent 

PRC-origin equipment entering the datacenter environment and no PRC vendors are 

in the supply chain; and 

(10) An overview of the applicant’s export 

control training program and compliance 

program procedures. 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2024–22587 Filed 9–30–24; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0171] 

RIN 1625–AA00 

Safety Zone; Baltimore Harbor, 

Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

waters near Baltimore, Maryland to 

protect the public and vessels from 

potential hazards created by a pollution 

incident in the Patapsco River. 

Additionally, the safety zone is needed 

to ensure a safe working environment 

for the first responders and to prevent 

the spread of pollution by passing 

traffic. This rule will prohibit persons or 

vessels from entering this zone unless 

specifically authorized by the Captain of 

the Port (COTP), Sector MarylandNational Capital Region or a designated 

representative. 

DATES: This rule is effective without 

actual notice from October 2, 2024 to 

October 3, 2024. For purposes of 

enforcement, actual notice will be used 

from September 27, 2024, through 

October 2, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0171 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Kate Newkirk, Sector 

Maryland-NCR, Waterways Management 

Branch, U.S. Coast Guard; 410–365– 

8141, MDNCRWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 


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80094 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is establishing a 

temporary safety zone for waters near 

the Baltimore Harbor Upper Anchorage 

3 near Baltimore, Maryland within 1500 

feet of the SSI DEFIANT located at 39° 

13.18N, 076° 31.78W. The safety zone is 

needed to protect the public and vessels 

from potential hazards created by a 

pollution incident in the Patapsco River. 

The Coast Guard is issuing this 

temporary rule under authority in 5 

U.S.C. 553(b)(B). This statutory 

provision authorizes an agency to issue 

a rule without prior notice and 

opportunity to comment when the 

agency for good cause finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because action 

is necessary to respond to the potential 

safety hazards associated with pollution 

response. It is impracticable to delay 

establishment of this safety zone to 

publish an NPRM and consider 

comments because pollution response 

operations must begin as soon as 

possible. 

Also, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

immediate action is necessary to ensure 

the safety of vessels and persons on 

these navigable waters during the 

emergency vessel salvage operation. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority in 46 U.S.C. 70034. 

The COTP, Sector Maryland-NCR has 

determined that potential hazards 

associated with this operation starting 

on September 27, 2024 will be a safety 

concern for anyone within a 1500-foot 

radius of the pollution response in the 

Patapsco River Entrance. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the pollution response operations 

are being conducted. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from September 27, 2024, through 

October 3, 2024. The safety zone will 

cover all navigable waters within 1500- 

foot of the vessel, SSI DEFIANT, located 

at 39° 13.18N, 076° 31.78W. This rule is 

necessary to ensure the safety of vessels 

and persons during the vessel salvage 

operation. This rule will prohibit 

persons or vessels from entering this 

zone unless specifically authorized by 

the COTP or a designated 

representative. 

The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the zone. 

When hailed or signaled by an official 

patrol vessel, a vessel shall come to an 

immediate stop and comply with the 

directions given. Failure to do so may 

result in expulsion from the zone, 

citation for failure to comply, or both. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on size, location, and duration 

of the proposed rulemaking. This safety 

zone would take place on a relatively 

small area of the Patapsco River and 

waters associated with Baltimore, MD, 

lasting from September 27, 2024 

through October 3, 2024. Additionally, 

the Coast Guard would issue Broadcast 

Notices to Mariners via VHF–FM marine 

channel 16 about the safety zone so that 

waterway users may plan accordingly 

for transits during this restriction, and 

the rule will allow vessels to seek 

permission from the COTP MarylandNCR or a designated representative to 

enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

generally requires Federal agencies to 

review proposed and final rules for their 

potential economic impacts on small 

entities, including small businesses, and 

prepare regulatory flexibility analyses. 5 

U.S.C. 603, 604. The RFA requires these 

analyses for any rule that is subject to 

notice and comment procedures under 

section 553 of the Administrative 

Procedure Act. Id. As the Coast Guard 

has determined that notice and the 

opportunity to comment are 

unnecessary for this rule, the 

requirement for these analyses does not 

apply. Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80095 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 1500- 

foot safety zone around the M/V SSI 

DEFIANT for less than 7 days. It is 

categorically excluded from further 

review under paragraph L60(c) of 

appendix A, table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1, Revision No. 01.3. 

■ 2. Add § 165.T05–0171 to read as 

follows: 

§ 165.T05–0171 Safety Zone; Baltimore 

Harbor, MD 

(a) Location. The following area is a 

safety zone: all navigable waters within 

1500-feet of the location of the vessel 

SSI DEFIANT located at position 39° 

13.18N, 076° 31.78W. 

(b) Enforcement period. This section 

is effective from September 27, 2024, 

through October 3, 2024. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting through, 

or exiting from this area is prohibited 

unless authorized by the COTP 

Maryland-NCR or a designated 

representative. 

(2) Vessels desiring to transit the 

regulated area may do so only with prior 

approval of the COTP Maryland-NCR or 

a designated representative and when so 

directed will be operated at a minimum 

safe navigation speed in a manner that 

will not endanger pollution response 

operations in the zone or any other 

vessels. 

(3) The COTP Maryland-NCR or a 

designated representative may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(4) Entry into this zone is prohibited 

unless authorized by the COTP 

Maryland-NCR or a designated 

representative. 

(5) Persons or vessels seeking to enter 

or transit through the zone must request 

permission from the COTP MarylandNCR or a designated representative. 

They may be contacted on VHF–FM 

channel 16 or by telephone at 410–576– 

2693. 

(6) If permission is granted, all 

persons and vessels must comply with 

the instructions of the COTP MarylandNCR or designated representative. 

(d) Informational broadcasts. The 

COTP Maryland-NCR or a designated 

representative will inform the public 

through Broadcast Notices to Mariners 

of the enforcement period for the 

temporary safety zone as well as any 

changes in the planned schedule. 

Dated: September 27, 2024. 

Patrick C. Burkett, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Maryland-National Capital 

Region. 

[FR Doc. 2024–22720 Filed 10–1–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1806–CN] 

RIN 0938–AV32 

Medicare Program; FY 2025 Inpatient 

Psychiatric Facilities Prospective 

Payment System—Rate Update; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final action; correction. 

SUMMARY: This document corrects 

technical errors in the final action that 

appeared in the August 7, 2024 Federal 

Register titled ‘‘Medicare Program; FY 

2025 Inpatient Psychiatric Facilities 

Prospective Payment System—Rate 

Update’’. 

DATES: This correction is effective 

October 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

The IPF Payment Policy mailbox at 

IPFPaymentPolicy@cms.hhs.gov for 

information regarding the IPF wage 

index. 

Nick Brock (410) 786–5148, for 

general information regarding the 

inpatient psychiatric facilities 

prospective payment system (IPF PPS). 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2024–16909 of August 7, 

2024, the fiscal year (FY) 2025 Inpatient 

Psychiatric Facilities Prospective 

Payment System (IPF PPS) final rule (89 

FR 64582), there were technical errors 

that are identified and corrected in this 

correcting document. These corrections 

are effective as if they had been 

included in the FY 2025 IPF PPS final 

rule. Accordingly, the corrections are 

effective October 1, 2024. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

There was a technical error in the 

calculation of the final FY 2025 IPF PPS 

wage indexes, which impacted several 

calculations. There is an impact to the 


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