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Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Rules and Regulations
C. Executive Order 13132 (Federalism)
Executive Order 13132 requires
agencies to ensure meaningful and
timely input by State and local officials
in the development of regulatory
policies that may have 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. This action has
been analyzed in accordance with the
principles and criteria contained in
Executive Order 13132 (August 4, 1999),
and DOT has determined that this
action will not have a substantial direct
effect or federalism implications on the
States and would not preempt any State
law or regulation or affect the States’
ability to discharge traditional State
governmental functions. Therefore,
consultation with the States is not
necessary.
D. Executive Order 13175 (Tribal
Consultation)
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments.’’
Because this rulemaking does not
significantly or uniquely affect the
communities of the Indian tribal
governments or impose substantial
direct compliance costs on them, the
funding and consultation requirements
of Executive Order 13175 do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
that DOT consider the impact of
paperwork and other information
collection burdens imposed on the
public and, under the provisions of PRA
section 3507(d), obtain approval from
the Office of Management and Budget
(OMB) for each collection of
information it conducts, sponsors, or
requires through regulations. The DOT
has determined there are no new
information collection requirements
associated with this final rule.
F. National Environmental Policy Act
The agency has analyzed the
environmental impacts of this action
pursuant to the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) and has determined that it
is categorically excluded pursuant to
DOT Order 5610.1C, ‘‘Procedures for
Considering Environmental Impacts’’
(44 FR 56420, October 1, 1979).
Categorical exclusions are actions
identified in an agency’s NEPA
implementing procedures that do not
normally have a significant impact on
the environment and therefore do not
require either an environmental
assessment (EA) or environmental
impact statement (EIS). Paragraph 4.c.6.i
of DOT Order 5610.1C categorically
excludes ‘‘[a]ctions relating to consumer
protection, including regulations.’’ This
rulemaking relates to the Department’s
authority to pursue a complaint in
United States District Court on
consumer protection matters. The
agency does not anticipate any
environmental impacts, and there are no
extraordinary circumstances present in
connection with this rulemaking.
List of Subjects in 14 CFR Part 399
Consumer Protection, Policies,
Rulemaking proceedings, Enforcement,
Unfair or deceptive practices.
For the reasons set forth in the
preamble, the Department of
Transportation amends 14 CFR part 399
as follows:
PART 399—STATEMENTS OF
GENERAL POLICY
■ 1. The authority citation for part 399
is revised to read as follows:
Authority: 49 U.S.C. 40113(a), 41712,
46106, and 46107.
■ 2. Amend § 399.79 by revising the
paragraph (f) heading and by adding
paragraph (g) to read as follows:
§ 399.79 Policies relating to unfair and
deceptive practices.
* * * * *
(f) Formal enforcement proceedings
before an administrative law judge.
***
(g) Formal enforcement proceedings
in U.S. District Court. Alternatively,
when there are reasonable grounds to
believe that an airline or ticket agent has
violated 49 U.S.C. 41712 and efforts to
settle the matter have failed, the
Department of Transportation may bring
a civil action in a district court of the
United States pursuant to 49 U.S.C.
46106 or 46107.
Issued this 12th day of June, 2023, in
Washington, DC, under authority delegated
in 49 CFR 1.27(n).
John E. Putnam,
General Counsel.
[FR Doc. 2023–12845 Filed 6–15–23; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF COMMERCE
15 CFR Part 7
[Docket No. 230125–0025]
RIN 0605–AA62
Securing the Information and
Communications Technology and
Services Supply Chain; Connected
Software Applications
AGENCY
: U.S. Department of Commerce.
ACTION
: Final rule.
SUMMARY
: On November 26, 2021, the
Department of Commerce (Department)
published a Notice of Proposed
Rulemaking (NPRM) proposing to
amend Department regulations,
‘‘Securing the Information and
Communications Technology Supply
Chain,’’ to implement provisions of
Executive Order 14034, ‘‘Protecting
Americans’ Sensitive Data from Foreign
Adversaries’’ (E.O. 14034). This final
rule responds to, and adopts changes
based on, the comments received to the
NPRM. Consistent with the factors
enumerated in E.O. 14034, the final rule
amends the Securing the Information
and Communications Technology
Supply Chain regulations to provide
additional criteria that the Secretary
may consider when determining
whether ICTS transactions involving
connected software applications present
undue or unacceptable risks (as those
terms are defined in the regulations).
The final rule also adds definitions for
‘‘end-point computing devices’’ and
‘‘via the internet’’ for the purposes of
this rule to clarify the definition of
connected software applications
provided in E.O. 14034.
DATES
: This rule is effective July 17,
2023.
FOR FURTHER INFORMATION CONTACT
:
Katelyn Christ, U.S. Department of
Commerce, telephone: 202–482–3506,
email: Katelyn.Christ@bis.doc.gov.
SUPPLEMENTARY INFORMATION
:
I. Background
On January 19, 2021, the Department
published an interim final rule (the
Supply Chain Rule) to implement
Executive Order 13873, ‘‘Securing the
Information and Communications
Technology and Services Supply Chain’’
(E.O. 13873). The Supply Chain Rule
established the Department regulations
at title 15 of the Code of Federal
Regulations (CFR) part 7, ‘‘Securing the
Information and Communications
Technology and Services Supply Chain’’
(part 7). These regulations set out
procedures by which the Secretary of
Commerce (Secretary), in consultation
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