Unknown. Interim rule

3,115 words·~14 min read·/register/2016/07/19/2016-17026

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-07-19.xml --- 81 138 Tuesday, July 19, 2016 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Pest Risk Analysis: Importation of Fresh Star Apple Fruit from Vietnam into the Continental United States, 46886 2016-16981 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2017 Puerto Rico Census Test, 46895-46898 2016-16966 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46925-46927 2016-17059 2016-17070 Coast Guard Coast Guard RULES Drawbridge Operations: State Boat Channel, Captree Island, NY, 46833 2016-17006 Inspection of Towing Vessels, 46848 2016-17007 Safety Zones: Fleet Week Maritime Festival, 2016, Pier 66, Elliott Bay, Seattle, WA, 46835-46836 2016-16979 Navy UNDET, Apra Outer Harbor, GU, 46833-46835 2016-17036 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: OAA Title III-C Evaluation, 46927 2016-16976 State Program Report, 46928 2016-16978 Meetings: Administration on Disabilities, President's Committee for People with Intellectual Disabilities, 46927-46928 2016-16980 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46913 2016-17048 Defense Department Defense Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances;

Applications: Cambrex Charles City, 46956 2016-17061 Importer of Controlled Substances; Applications: Rhodes Technologies, 46956-46957 2016-17062 Education Department Education Department NOTICES Meetings: President's Board of Advisors on Historically Black Colleges and Universities, 46915-46916 2016-16928 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Long-Term, Multi-Contract Authorization to Export Liquefied Natural Gas to Non-Free Trade Agreement Nations;

Applications: Rio Grande LNG, LLC, 46918-46920 2016-17025 Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 46916 2016-16954 National Petroleum Council, 46916-46917 2016-16953 State Energy Advisory Board; Teleconference, 46917 2016-16956 Requests for Information: Excess Uranium Management: Effects of DOE Transfers of Excess Uranium on Domestic Uranium Mining, Conversion, and Enrichment Industries, 46917-46918 2016-17024 Engineers Engineers Corps NOTICES Meetings:

Board on Coastal Engineering Research, 46913-46914 2016-16918 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Revisions to Permits, Rules and Approval Orders; Utah, 46836-46838 2016-16963 Alternative Test Procedures for the Analysis of Contaminants under the Safe Drinking Water Act: Analysis and Sampling Procedures; Expedited Approval, 46839-46848 2016-16516 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona; Regional Haze State and Federal Implementation Plans; Reconsideration, 46852-46865 2016-16959 New Hampshire; Regional Haze 5-Year Report, 46866-46870 2016-17063 Revisions to Permits, Rules and Approval Orders; Utah, 46865-46866 2016-16960 Federal Aviation Federal Aviation Administration PROPOSED RULES Establishment of Restricted Areas: R-2509E, R-2509W, R-2509N, Twentynine Palms, CA; Withdrawal, 46851 2016-16922 Proposed Modification of Class E Airspace:

Napa, CA, 46850-46851 2016-16385 NOTICES Petitions for Exemption; Summaries: Area-I, Incorporated, 46996-46997 2016-16989 Continuum Dynamics Inc., 46997-46998 2016-16988 Flirtey Inc., 46997 2016-16990 Homeland Surveillance and Electronics LLC, 46996 2016-16991 Federal Communications Federal Communications Commission PROPOSED RULES Process Reform for Executive Branch Review: Certain FCC Applications and Petitions Involving Foreign Ownership, 46870-46883 2016-16780 NOTICES Privacy Act System of Records, 46922-46924 2016-16965 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Alaska Energy Authority, 46920 2016-17010 Meetings; Sunshine Act, 46920-46922 2016-17121 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 46924-46925 2016-16936 2016-17022 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 46925 2016-17141 Food and Drug Food and Drug Administration RULES Emergency Permit Control Regulations; Technical Amendments, 46828-46832 2016-16968 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Bar Code Label Requirement for Human Drug and Biological Products, 46940-46941 2016-17044 Protection of Human Subjects—Informed Consent; Institutional Review Boards, 46935-46938 2016-17016 International Council for Harmonisation Guidance: E2C(R2) Periodic Benefit-Risk Evaluation Report and E2C(R2) Periodic Benefit-Risk Evaluation Report—Questions and Answers, 46938-46940 2016-17009 Meetings: Pediatric Clinical Investigator Training Workshop;

Correction, 46941 2016-17015 Pre-Clinical Evaluation of Red Blood Cells for Transfusion; Public Workshop, 46928-46929 2016-17008 Prescription Drug User Fee Act, 46929-46935 2016-16916 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FDPIR Nutrition Paraprofessional Training Assessment for Indian Tribal Organizations, 46887-46890 2016-17066 Forest Forest Service NOTICES Final Directive for National Saw Program, 46890-46895 2016-16977 Geological Geological Survey NOTICES Intent to Grant an Exclusive License, 46953 2016-16944 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Designation for the West Sacramento, CA and Richmond, VA Areas, 46895 2016-16982 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46944 2016-15982 Designation of a Class of Employees for Addition to the Special Exposure Cohort, 46943-46944 2016-17017 Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort, 46943 2016-17018 2016-17019 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rural Health Care Coordination Network Partnership, 46942-46943 2016-17005 Scholarships for Disadvantaged Students Program, 46941-46942 2016-17031 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Industry Industry and Security Bureau NOTICES Orders Denying Export Privileges: Fang Liwu; Beijing, China, 46898-46899 2016-17033 Interior Interior Department See Geological Survey See Land Management Bureau Internal Revenue Internal Revenue Service RULES Inversions and Related Transactions; Correction, 46832-46833 2016-16470 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 46904-46906 2016-17064 Multilayered Wood Flooring from the People's Republic of China, 46899-46904, 46906-46907 2016-17049 2016-17050 Meetings: United States Manufacturing Council, 46904 2016-17046 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Windscreen Wipers and Components Thereof, 46956 2016-17011 Justice Department Justice Department See Drug Enforcement Administration See Prisons Bureau Land Land Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46954-46955 2016-17020 Oil and Gas Leases: Wyoming; Proposed Reinstatement, 46954 2016-17021 2016-17023 National Archives National Archives and Records Administration NOTICES Privacy Act; Systems of Records; Withdrawal, 46957 2016-17146 National Highway National Highway Traffic Safety Administration NOTICES Importation Eligibilities: 2011 Ducati Multistrada Motorcycles, 46998-46999 2016-16935 Meetings: Test Device for Human Occupant Restraint, 46999-47000 2016-16949 National Institute National Institutes of Health NOTICES Meetings:

Eunice Kennedy Shriver National Institute of Child Health and Human Development Special Emphasis Panel, 46944 2016-16952 National Heart, Lung, and Blood Institute Special Emphasis Panel, 46945 2016-16951 National Oceanic National Oceanic and Atmospheric Administration RULES Reef Fish Fishery of the Gulf of Mexico: Gulf of Mexico Gray Triggerfish; Recreational Accountability Measures and Closure, 46848-46849 2016-17043 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Bering Sea and Aleutian Islands Management Area; Amendment 113, 46883-46885 2016-17051 National Telecommunications National Telecommunications and Information Administration NOTICES State Alternative Plan Program and the First Responder Network Authority Nationwide Public Safety Broadband Network, 46907-46913 2016-17034 National Women's National Women's Business Council NOTICES Meetings: Quarterly Public Meeting, 46958 2016-16983 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NRC Form 314, Certificate of Disposition of Materials, 46972-46973 2016-16955 Facility Operating Licenses and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 46958-46970 2016-16925 Guidance for Closure of Activities Related to Recommendation 2.1, Flooding Hazard Reevaluation, 46970-46972 2016-17047 Meetings; Sunshine Act, 46970 2016-17140 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46973-46974 2016-16950 Personnel Personnel Management Office RULES Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment, 46827-46828 2016-17026 Postal Service Postal Service NOTICES International Product Changes: Inbound Market Dominant Registered Service Agreement, 46974 2016-16986 Prisons Prisons Bureau NOTICES Annual Determinations: Average Cost of Incarceration, 46957 2016-17040 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46978-46979, 46988 2016-17000 2016-17001 Meetings; Sunshine Act, 46988, 46994 2016-17167 2016-17168 Order Granting Limited Exemptions from Exchange Act Rules: PowerShares DWA Momentum and Low Volatility Rotation Portfolio, 46988-46990 2016-16999 Self-Regulatory Organizations; Proposed Rule Changes: Bats EDGA Exchange, Inc., 46984-46985 2016-16970 Bats EDGX Exchange, Inc., 46974-46975 2016-16975 BOX Options Exchange LLC, 46990-46994 2016-16974 C2 Options Exchange, Inc., 46986-46987 2016-16971 Chicago Board Options Exchange, Inc., 46975-46978 2016-16972 NASDAQ PHLX LLC, 46979-46984 2016-16973 Trade Representative Trade Representative, Office of United States NOTICES National Trade Estimate Report on Foreign Trade Barriers, 46994-46996 2016-16985 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Petition for Nonimmigrant Worker, 46951-46952 2016-17042 Registration for Classification as a Refugee, 46952-46953 2016-17041 Customs U.S. Customs and Border Protection NOTICES Accreditation and Approval as a Commercial Gauger and Laboratory: Camin Cargo Control, Inc., 46945-46948 2016-17003 2016-16998 2016-17002 SGS North America, Inc., 46948-46951 2016-16994 2016-16995 2016-16996 2016-16997 Accreditation and Approval as a Commercial Gauger:

Barrios Measurement Services LLC, 46951 2016-17004 Approval as a Commercial Gauger: Marine Technical Surveyors, Inc., 46947 2016-16992 SGS North America, Inc., 46945 2016-16993 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. 81 138 Tuesday, July 19, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 185 RIN 3206-AN39 Program Fraud Civil Remedies:

Civil Monetary Penalty Inflation Adjustment AGENCY: Office of Personnel Management (OPM). ACTION: Interim rule. SUMMARY: This rule adjusts the level of civil monetary penalties contained in U.S. Office of Personnel Management regulations implementing the Program Fraud Civil Remedies Act of 1986, with an initial “catch-up” adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. DATES: *Effective Date:* August 1, 2016. *Comment Date:* Comments due on or before August 18, 2016.

ADDRESSES: You may submit comments, identified by RIN 3206-AN39, by any of the following methods: 1. Internet—Send comments via email to *katherine.pickar@opm.gov.* 2. Fax—(202) 606-0082. 3. Mail—Office of the General Counsel, ATTN: Katherine Pickar, Office of Personnel Management, 1900 E St. NW., Washington, DC 20415. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to RIN 3206-AN39. *Caution:* You should be careful to include in your comments only information that you wish to make publicly available as comments are posted without change, with any personal information provided.

OPM strongly urges you not to include in your comments any personal information, such as Social Security numbers, Civil Service Annuity/Final numbers, and/or medical information. FOR FURTHER INFORMATION CONTACT: Katherine M. Pickar, Office of the General Counsel, Office of Personnel Management, 1900 E St. NW., Washington, DC 20415, *Katherine.pickar@opm.gov,*

(202)606-1700. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (“the Act”). The Act requires agencies to:

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

(2)make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. This rule adjusts the following civil monetary penalties: CFR Citation Description of the penalty Current penalty Catchup adjustment Adjusted penalty 5 CFR 185.103(a) Civil Penalty for False Claims $5,000 $5,781 $10,781 5 CFR 185.103(f)(2) Civil Penalty for False Statements 5,000 5,781 10,781 This interim final rule is being issued without prior public notice or opportunity for public comments. The 2015 Act's amendments to the Inflation Adjustment Act require the agency to adjust penalties initially through an interim final rulemaking, which does not require the agency to complete a notice and comment process prior to promulgating the interim final rule. The amendments also explicitly require the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553 (the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment). Additionally, the formula used for adjusting the amount of civil penalties is given by statute, with no discretion provided to OPM regarding the substance of the adjustments. OPM is charged only with performing ministerial computations to determine the amount of adjustment to the civil penalties due to increases in the Consumer Price Index for all Urban Consumers (CPI-U). II. Calculation of Adjustment The Office of Management and Budget

(OMB)issued guidance on calculating the catch-up adjustment. *See* February 24, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, re: *Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.* Under this guidance, OPM has identified applicable civil monetary penalties and calculated the catch-up adjustment. A civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a Federal civil statute or regulation, and is assessed or enforceable through a civil action in Federal court or an administrative proceeding. A civil monetary penalty does not include a penalty levied for violation of a criminal statute, or fees for services, licenses, permits, or other regulatory review. The calculated catch-up adjustment is based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October in the year of the previous adjustment (or in the year of establishment, if no adjustment has been made) and the October 2015 CPI-U. For purposes of the initial adjustment under the 2015 Act, while 5 CFR part 185 was not promulgated until 1995, the civil penalties listed in part 185 were established in 1986 with the enactment of the Program Fraud Civil Remedies Act of 1986, Public Law 99-509, §§ 6101-6104, 100 Stat. 1874 (October 21, 1986), codified at 31 U.S.C. 3801-3812. The amount of the penalties have not been changed since 1986. The 1986 establishment of the Program Fraud Civil Remedies Act of 1986 serves as the base figure for the inflation calculation. Between October 1986 and October 2015, the CPI-U has increased by 215.628 percent. The post-adjustment penalty amount or range is obtained by multiplying the pre-adjustment penalty amount or range by the percent change in the CPI-U over the relevant time period, and rounding to the nearest dollar. Therefore, the new, post-adjustment penalty under the PFCRA is $5,000 × 2.15628 = $10,781.40, which rounds to $10,781. The new, post-adjustment penalties are less than 250 percent of the pre-adjustment penalties, so the limitation on the amount of the adjustment is not implicated. III. Procedural Requirements A. Regulatory Impact Analysis: Executive Order 12866, as Supplemented by Executive Order 13563 OPM, with the concurrence of the Office of Management and Budget (OMB), has determined that this is not a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, no regulatory impact analysis is required. B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. See 5 U.S.C. 603(a) and 604(a). The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil penalties with an initial catch-up adjustment through an interim final rule. An interim final rule does not include first publishing a proposed rule. Thus, the RFA does not apply to this final rule. C. Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)) This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act. This rule:

(a)Does not have an annual effect on the economy of $100 million or more.

(b)Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.

(c)Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises. D. Unfunded Mandate Reform Act of 1995 (2 U.S.C. 1532) This rule does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments. E. E.O. 12630, Takings This rule does not have takings implications. F. E.O. 13132, Federalism This rule does not have federalism implications. The rule does not have substantial direct effects 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. G. E.O. 12988, Civil Justice Reform This rule complies with the requirements of E.O. 12988. Specifically, this rule:

(a)Does not unduly burden the judicial system.

(b)Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and

(c)Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. H. E.O. 13175, Consultation With Indian Tribes In accordance with Executive Order 13175, OPM has evaluated this rule and determined that it has no tribal implications. I. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. List of Subjects in 5 CFR Part 185 Administrative practice and procedure, Claims, Fraud, Penalties. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. For the reasons set forth in the preamble, amend part 185 of title 5 of the Code of Federal Regulations as follows: PART 185—PROGRAM FRAUD CIVIL REMEDIES: CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. The authority citation for part 185 is revised to read as follows: Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812. § 185.103 [Amended] 2. Section 185.103 is amended as follows: a. In paragraph

(a)introductory text, remove “$5,000” and add in its place “$10,781”. b. In paragraph (f)(2), remove “$5,000” and add in its place “$10,781”. [FR Doc. 2016-17026 Filed 7-18-16; 8:45 am]

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