Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-05-17.xml --- 81 95 Tuesday, May 17, 2016 Contents Agriculture Agriculture Department See Food and Nutrition Service AIRFORCE Air Force Department NOTICES Meetings: U.S. Air Force Academy Board of Visitors, 30521 2016-11568 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements: United States v. Charter Communications, Inc., et al., 30550-30565 2016-11562 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Meetings:

Academic Research Council, 30520-30521 2016-11614 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Obtaining Final Medicare Secondary Payer Conditional Payment Amounts via Web Portal, 30487-30494 2016-11270 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR, 30503-30505 2016-11515 Commerce Commerce Department See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement, 30519-30520 2016-11617 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Mandatory Deposit of Electronic Books and Sound Recordings Available Only Online, 30505-30509 2016-11613 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of the 2012-2013 Digital Audio Recording Technology Musical Works Royalty Funds, 30568-30569 2016-11561 Defense Department Defense Department See Air Force Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30521-30522 2016-11625 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Impact Aid Program Application for Section 7002 Assistance, 30522-30523 2016-11589 Survey on the Use of Funds under Title II, Part A, 30530 2016-11590 Application Deadline for Fiscal Year 2016; Small, Rural School Achievement Program; Reopening, 30529-30530 2016-11594 Applications for New Awards:

Charter Schools Program Grants for Replication and Expansion of High-Quality Charter Schools; Correction, 30530-30531 2016-11717 Indian Education Discretionary Grants Programs—Professional Development Grants Program, 30523-30529 2016-11606 Employee Benefits Employee Benefits Security Administration NOTICES Meetings: Advisory Council on Employee Welfare and Pension Benefit Plans, 30565-30566 2016-11612 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application to Export Electric Energy:

Termoelectrica U.S., LLC, 30532-30533 2016-11601 Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 30531 2016-11603 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 30531-30532 2016-11607 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 30533 2016-11605 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California: Eastern Kern Air Pollution Control District, 30484-30486 2016-11516 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California: Eastern Kern Air Pollution Control District, 30509-30510 2016-11513 NOTICES Meetings: Environmental Economics Advisory Committee, 30535-30536 2016-11622 Equal Equal Employment Opportunity Commission RULES Genetic Information Nondiscrimination Act, 31143-31159 2016-11557 Regulations under the Americans with Disabilities Act, 31126-31143 2016-11558 Farm Credit System Insurance Farm Credit System Insurance Corporation RULES Rules of Practice and Procedure;

Adjusting Civil Money Penalties for Inflation, 30483-30484 2016-11675 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Employment with the Federal Aviation Administration; Withdrawal, 30600-30601 2016-11573 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30536-30540 2016-11582 2016-11583 2016-11584 Federal Energy Federal Energy Regulatory Commission NOTICES Declaration of Intention Applications:

Nicatous Lake Lodge and Cabins, LLC, 30533-30534 2016-11552 Meetings: Competitive Transmission Development; Technical Conference, 30534-30535 2016-11551 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 30601-30602 2016-11578 2016-11579 Federal Transit Federal Transit Administration NOTICES Buy America Waivers, 30602-30604 2016-11571 Compendium of Public Transportation Safety Standards, 30605-30606 2016-11585 Contact Rail (Third Rail) System Hazards, 30604-30605 2016-11580 Food and Drug Food and Drug Administration NOTICES Guidance:

Use of Electronic Health Record Data in Clinical Investigations, 30540-30541 2016-11564 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child and Adult Care Food Program, 30515-30516 2016-11559 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework: Foreign-Trade Zone 110; Albuquerque, NM, 30516 2016-11546 Proposed Production Activities:

Alpha Marketing Network, Inc. d/b/a AMN Distributors; Foreign-Trade Zone 281; Miami, FL, 30517 2016-11547 Townsend Leather Co., Inc.; Foreign-Trade Zone 121, Albany, NY, 30517 2016-11549 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department PROPOSED RULES Retrospective Review:

Improving the Previous Participation Reviews of Prospective Multifamily Housing and Healthcare Programs Participants, 30495-30503 2016-11346 NOTICES Aged Delinquent Portfolio Loan Sale, 30545-30547 2016-11616 Interior Interior Department See Land Management Bureau See Ocean Energy Management Bureau International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same, 30548-30550 2016-11563 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Sierra Front-Northwestern Great Basin Resource Advisory Council, NV, 30547 2016-11572 Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board National Archives National Archives and Records Administration NOTICES Meetings: Advisory Committee on the Records of Congress, 30570 2016-11565 Records Schedules, 30569-30570 2016-11610 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30607 2016-11586 Petitions for Decision of Inconsequential Noncompliance: Chrysler Group, LLC, 30607-30609 2016-11593 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30541-30543 2016-11618 Government-Owned Inventions; Availability for Licensing, 30543-30544 2016-11555 2016-11556 Meetings: National Institute of Allergy and Infectious Diseases, 30541, 30544 2016-11553 2016-11554 National Oceanic National Oceanic and Atmospheric Administration NOTICES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Resources of the Gulf of Mexico; Amendment 41, 30517-30518 2016-11574 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Mathematical and Physical Sciences, 30570-30571 2016-11566 Proposal Review Panel for Physics, 30571 2016-11567 National Telecommunications National Telecommunications and Information Administration NOTICES Input on Proposals and Positions for 2016 World Telecommunication Standardization Assembly, 30518-30519 2016-11609 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Board Establishments:

Atomic Safety And Licensing Board, 30571 2016-11597 Disposition of Information Related to the Time Period that Safety-Related Structures, Systems, or Components are Installed, 30571-30572 2016-11598 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Applications for Expansion of Recognition: Nemko-CCL, Inc., 30566-30568 2016-11595 Availability of Funds, Funding Opportunites: Susan Harwood Training Grant Program, 30568 2016-11591 Ocean Energy Management Ocean Energy Management Bureau NOTICES Outer Continental Shelf Oil and Gas Lease Sales, 30548 2016-11596 Securities Securities and Exchange Commission NOTICES Applications:

TCW Alternative Funds, et al., 30585-30589 2016-11534 Joint Industry Plan: National Market System Plan Governing the Consolidated Audit Trail, 30614-31124 2016-10461 Meetings; Sunshine Act, 30572-30573 2016-11704 Self-Regulatory Organizations; Proposed Rule Changes: Bats EDGA Exchange, Inc., 30578-30579 2016-11540 Bats EDGX Exchange, Inc., 30580-30583 2016-11543 ICE Clear Europe Ltd., 30575-30577 2016-11539 NASDAQ PHLX LLC, 30573-30575 2016-11541 New York Stock Exchange LLC, 30594-30595 2016-11542 NYSE MKT LLC, 30583-30585, 30589-30594 2016-11538 2016-11544 Small Business Small Business Administration NOTICES Disaster Declarations:

Idaho, 30596 2016-11600 New York, 30596 2016-11604 Texas; Amendment 2, 30595-30596 2016-11615 Social Social Security Administration NOTICES Fiscal Year 2015 Service Contract Inventories, 30596-30597 2016-11576 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Requirements on Responsible Investment in Burma, 30597-30598 2016-11707 Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements, 30599 2016-11620 U.S.

Passport Renewal Application for Eligible Individuals, 30599-30600 2016-11623 Determination for Zika Virus, 30597 2016-11624 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30545 2016-11560 Surface Transportation Surface Transportation Board PROPOSED RULES Rules Relating to Board-Initiated Investigations, 30510-30514 2016-11382 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30610 2016-11629 Meetings: Advisory Committee on Risk-Sharing Mechanisms, 30609-30610 2016-11592 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Cemeteries and Memorials, 30610-30611 2016-11506 Separate Parts In This Issue Part II Securities and Exchange Commission, 30614-31124 2016-10461 Part III Equal Employment Opportunity Commission, 31126-31159 2016-11557 2016-11558 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 95 Tuesday, May 17, 2016 Rules and Regulations FARM CREDIT SYSTEM INSURANCE CORPORATION 12 CFR Part 1411 RIN 3055-AA11 Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation AGENCY: Farm Credit System Insurance Corporation.

ACTION: Final rule. SUMMARY: This rule implements inflation adjustments to civil money penalties

(CMPs)that the Farm Credit System Insurance Corporation (FCSIC) may impose under the Farm Credit Act of 1971, as amended. These adjustments are required by 2015 amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990. DATES: This rule is effective on August 1, 2016. FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102,

(703)883-4380, TTY

(703)883-4390. SUPPLEMENTARY INFORMATION: A. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) 1 to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The Inflation Adjustment Act provides for the regular evaluation of CMPs and requires FCSIC, and every other Federal agency with authority to impose CMPs, to ensure that CMPs continue to maintain their deterrent values. 2 1 Public Law 101-410, Oct. 5, 1990, 104 Stat. 890, as amended by Public Law 104-134, title III, sec. 31001(s)(1), Apr. 26, 1996, 110 Stat. 1321-373; Public Law 105-362, title XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat. 3293; Public Law 114-74, title VII, sec. 701(b), Nov. 2, 2015, 129 Stat. 599. 2 Under the amended Inflation Adjustment Act, a CMP is defined as any penalty, fine, or other sanction that:

(1)Either is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law;

(2)is assessed or enforced by an agency pursuant to Federal law; and

(3)is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. All three requirements must be met for a fine to be considered a CMP. FCSIC must enact regulations that adjust its CMPs pursuant to the inflation adjustment formula of the amended Inflation Adjustment Act and rounded using a method prescribed by the Inflation Adjustment Act. The new amounts will apply to penalties assessed on or after the effective date of this rule. Agencies do not have discretion in choosing whether to adjust a CMP, by how much to adjust a CMP, or the methods used to determine the adjustment. B. CMPs Imposed Pursuant to Section 5.65 of the Farm Credit Act First, section 5.65(c) of the Farm Credit Act, as amended (Act), provides that any insured Farm Credit System bank that willfully fails or refuses to file any certified statement or pay any required premium shall be subject to a penalty of not more than $100 for each day that such violations continue, which penalty FCSIC may recover for its use. 3 Second, section 5.65(d) of the Act provides that, except with the prior written consent of the Farm Credit Administration, it shall be unlawful for any person convicted of any criminal offense involving dishonesty or a breach of trust to serve as a director, officer, or employee of any System institution. 4 For each willful violation of section 5.65(d), the institution involved shall be subject to a penalty of not more than $100 for each day during which the violation continues, which FCSIC may recover for its use. 3 12 U.S.C. 2277a-14(c). 4 12 U.S.C. 2277a-14(d). FCSIC's current § 1411.1, promulgated in 2001 pursuant to the Inflation Adjustment Act as then in effect, provides that FCSIC can impose a maximum penalty of $117 per day for a violation under section 5.65(c) and

(d)of the Act. FCSIC has not been required to make adjustments under the Inflation Adjustment Act since 2001. 5 5 FCSIC's most recent notice assessing the need for cost-of-living adjustments to CMPs was published on October 24, 2013 (78 FR 63465). C. Required Adjustments The 2015 Act requires agencies to

(1)adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rulemaking

(IFR)and

(2)make subsequent annual adjustments for inflation. Catch-up adjustments are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October of the year in which the CMP was established or adjusted (other than through Inflation Adjustment Act adjustments), and the October 2015 CPI-U. Annual inflation adjustments will be based on the percent change between the October CPI-U preceding the date of the adjustment and the prior year's October CPI-U. CMPs provided for in section 5.65 of the Act were enacted in 1988 and not subsequently changed (other than through Inflation Adjustment Act adjustments). In accordance with guidance issued by the Office of Management and Budget (pursuant to a directive in the 2015 Act), FCSIC must multiply the maximum amount of civil money penalty provided for in section 5.65(c) and

(d)of the Farm Credit Act ($100) by 1.97869. 6 This results in a revised penalty amount of $198, after rounding to the nearest dollar as required by the 2015 Act. 6 OMB Memorandum M-16-06 (Feb. 24, 2015). D. Notice and Comment Not Required by Administrative Procedure Act The 2015 Act specifically directs Federal agencies to “adjust civil money penalties through an interim final rulemaking” and the Inflation Adjustment Act gives agencies no discretion in the calculation of the adjustment. Therefore, FCSIC concludes that public notice and an opportunity to comment are not necessary or appropriate under the Administrative Procedure Act and adopts this rule in final form. E. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act, 7 FCSIC hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities. Each of the banks of the Farm Credit System, together with their affiliated associations, has assets and annual income in excess of amounts that would qualify them as “small entities” under the Regulatory Flexibility Act. 7 5 U.S.C. 601, *et seq.* List of Subjects in 12 CFR Part 1411 Banks, Banking, Civil money penalties, Penalties. For the reasons stated in the preamble, part 1411 of chapter XIV, title 12 of the Code of Federal Regulations is amended as follows: PART 1411—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 1411 continues to read as follows: Authority: Secs. 5.58(10), 5.65(c) and

(d)of the Farm Credit Act (12 U.S.C. 2277a-7(10), 2277a-14(c) and (d)); 28 U.S.C. 2461 note. 2. Revise § 1411.1 to read as follows: § 1411.1 Inflation adjustment of civil money penalties for failure to file a certified statement, pay any premium required or obtain approval before employment of persons convicted of criminal offenses. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, a civil money penalty imposed pursuant to section 5.65(c) or

(d)of the Farm Credit Act of 1971, as amended, for a violation occurring on or after August 1, 2016 shall not exceed $198 per day for each day the violation continues. Dated: May 12, 2016. Dale L. Aultman, Secretary to the Board, Farm Credit System Insurance Corporation. [FR Doc. 2016-11675 Filed 5-16-16; 8:45 am]

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