Unknown. Final rule

3,308 words·~15 min read·/register/2016/12/22/2016-30475·

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-12-22.xml --- 81 246 Thursday, December 22, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93935-93936 2016-30773 Agency Agency for International Development RULES Freedom of Information Act Regulations, 93806-93819 2016-30413 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 93881-93882 2016-30833 AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: KC-46A Main Operating Base 4 Beddown, 93905-93906 2016-30828 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Streamlining Importation of Distilled Spirits, Wine, Beer, Malt Beverages, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes and Facilitate Use of the International Trade Data System, 94186-94210 2016-29201 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Permanent, Privately Owned Horse Quarantine Facilities, 93882-93883 2016-30857 Veterinary Services National Import Export Services Customer Service Survey Project, 93883-93884 2016-30848 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93936-93940 2016-30779 2016-30777 2016-30778 Civil Rights Civil Rights Commission NOTICES Meetings: Maryland Advisory Committee;

Correction, 93888 2016-30810 Meetings; Sunshine Act, 93888 2016-30954 Coast Guard Coast Guard RULES Drawbridge Operations: Harlem River, New York, NY, 93820 2016-30858 Reynolds Channel, Nassau County, NY, 93819-93820 2016-30864 Sloop Channel, Nassau, NY, 93819 2016-30866 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation NOTICES Funds Availability: Organic Certification Cost Share Program, 93884-93887 2016-30772 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 93904-93905 2016-30865 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Contract Financing, 93841-93842 2016-30596 New Qualifying Country—Estonia, 93840-93841 2016-30598 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Competition for Religious-Related Services Contracts (DFARS Case 2016-D015), 93875-93878 2016-30597 Independent Research and Development Expenses (DFARS Case 2016-D017), 93878-93879 2016-30750 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Publicizing Contract Actions, 93906 2016-30668 Service Contracting, 93906-93907 2016-30669 Subcontracting Policies and Procedures, 93907-93908 2016-30667 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93908 2016-30767 Employee Benefits Employee Benefits Security Administration NOTICES Exemptions:

Prohibited Transaction Restrictions, 94028-94055 2016-30566 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Approval and Limited Approval and Limited Disapproval of State Implementation Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits, 93820-93822 2016-30644 Mississippi;

Interstate Transport (Prongs 1 and 2) for the 2010 1-hour NO2 Standard, 93822-93824 2016-30641 Pesticide Tolerances: Bifenthrin; Emergency Exemption, 93824-93831 2016-29882 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; North Coast Unified Air Quality Management District Limited Federal Implementation Plan; Prevention of Significant Deterioration Requirements for Fine Particulate Matter (PM2.5), 93872-93875 2016-30768 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 93801-93804 2016-30031 The Boeing Company Airplanes, 93795-93798 2016-30032 Viking Air Limited Airplanes, 93798-93801 2016-30039 PROPOSED RULES Airworthiness Directives: Pratt and Whitney Turbofan Engines, 93855-93857 2016-30114 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93914-93917 2016-30762 2016-30764 2016-30765 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: 10150, Pacific Coast National Bank San Clemente, CA, 93917 2016-30823 4637, First National Bank of Keystone Keystone, WV, 93917 2016-30822 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster and Related Determinations:

Pennsylvania, 93949 2016-30802 Major Disaster Declarations: Soboba Band of Luiseno Indians; Amendment No. 1, 93950 2016-30801 Meetings: Board of Visitors for the National Fire Academy, 93949-93950 2016-30800 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 93911-93914 2016-30834 2016-30835 2016-30836 2016-30837 Filings: Midcontinent Independent System Operator, Inc., 93912 2016-30850 Hydroelectric Applications: Pacific Gas and Electric Co. and City of Santa Clara, CA, 93910-93911 2016-30851 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Grady Wind Energy Center, LLC, 93909 2016-30841 Niles Valley Energy LLC, 93909-93910 2016-30839 Wildwood Solar II, LLC, 93912-93913 2016-30838 Wolf Run Energy, LLC, 93912 2016-30840 Permit Applications: Island Hydroelectric Project, 93909 2016-30852 Federal Maritime Federal Maritime Commission RULES Rules of Practice and Procedure; Presentation of Evidence in Commission Proceedings, 93831-93840 2016-30745 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Vision, 94013-94015 2016-30831 Federal Railroad Federal Railroad Administration NOTICES Meetings: Railroad Safety Advisory Committee; Postponement, 94015-94016 2016-30813 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93917-93922 2016-30855 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 93917 2016-30847 Proposed Guidelines for Evaluating Joint Account Requests, 93923-93926 2016-30860 Federal Trade Federal Trade Commission RULES Freedom of Information Act;

Miscellaneous Rules, 93804-93806 2016-30507 PROPOSED RULES Freedom of Information Act; Miscellaneous Rules, 93861-93864 2016-30508 NOTICES Consent Orders: Asbury Automotive Group, Inc., Analysis of Proposed Order to Aid Public Comment, 93931-93933 2016-30870 CarMax, Inc., 93928-93931 2016-30868 West-Herr Automotive Group, Inc., 93926-93928 2016-30869 Financial Stability Financial Stability Oversight Council NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93934 2016-30846 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Removal of the Hualapai Mexican Vole From the Federal List, 93879-93880 2016-30816 NOTICES Establishment of Bear River Watershed Conservation Area, Idaho, Wyoming, and Utah, 93951 2016-30826 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Associated With Designated New Animal Drugs for Minor Use and Minor Species, 93941-93942 2016-30770 Guidance: Lead in Cosmetic Lip Products and Externally Applied Cosmetics:

Recommended Maximum Level, 93940-93941 2016-30781 Food and Nutrition Food and Nutrition Service RULES Local School Wellness Policy Implementation under the Healthy, Hunger-Free Kids Act; Corrections, 93792 2016-30861 NOTICES Requests for Nominations: National Advisory Council on Maternal, Infant and Fetal Nutrition, 93887-93888 2016-30849 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Yukon-Kuskokwim Delta Berry Outlook Survey, 93951-93952 2016-30782 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration RULES Patient Protection and Affordable Care Act:

Benefit and Payment Parameters for 2018; Amendments to Special Enrollment Periods and the Consumer Operated and Oriented Plan Program, 94058-94183 2016-30433 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93944-93946 2016-30786 2016-30787 Health Resources Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program: List of Petitions Received, 93942-93944 2016-30783 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Affairs Indian Affairs Bureau NOTICES Applications:

Participation in Tribal Self-Governance Program in Fiscal Year 2018 or Calendar Year 2018, 93952-93953 2016-30829 Land Acquisitions: Puyallup Tribe of the Puyallup Reservation, 93953-93956 2016-30820 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Softwood Lumber Products from Canada, 93897-93902 2016-30774 Certain Softwood Lumber Products from Canada; Initiation of Less-Than-Fair-Value Investigation, 93892-93897 2016-30780 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China, 93888-93891 2016-30854 International Trade Com International Trade Commission NOTICES Complaints: Certain Magnetic Tape Cartridges and Components Thereof, 93958-93959 2016-30788 Solicitation of Comments Relating to the Public Interest, 93959-93960 2016-30856 Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, etc., 93960-93962 2016-30811 Meetings; Sunshine Act, 93962 2016-31021 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Idaho Falls District Resource Advisory Council, 93956-93957 2016-30825 Plats of Surveys:

New Mexico, 93957 2016-30827 Millenium Millennium Challenge Corporation NOTICES Report on the Selection of Eligible Countries for Fiscal Year 2017, 93965-93967 2016-30805 National Council National Council on Disability RULES Freedom of Information Act, 93791-93792 2016-30475 National Credit National Credit Union Administration RULES Freedom of Information Act Regulation; Revisions, 93792-93795 2016-30748 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Summer Flounder, Scup, and Black Sea Bass Fisheries; 2017-2018 Summer Flounder Specifications and Announcement of 2017 Summer Flounder and Black Sea Bass Commercial Accountability Measures, 93842-93850 2016-30876 NOTICES Endangered and Threatened Species: Initiation of 5-Year Review for the Endangered Black Abalone and the Endangered White Abalone, 93902-93903 2016-30710 Meetings: Pacific Fishery Management Council, 93903-93904 2016-30722 National Park National Park Service NOTICES Meetings:

Aniakchak National Monument Subsistence Resource Commission, 93957-93958 2016-30792 Wekiva River System Advisory Management Committee; 2017 Schedule, 93957 2016-30791 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 93967-93968 2016-30804 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: University of Maryland, Maryland University Training Reactor, 93969-93974 2016-30863 License Renewals:

DTE Electric Co., Fermi Nuclear Power Plant, Unit 2, 93968-93969 2016-30862 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gear Certification Standard, 93963-93965 2016-30844 Standard on Presence Sensing Device Initiation, 93962-93963 2016-30845 Overseas Overseas Private Investment Corporation PROPOSED RULES Freedom of Information, 93864-93872 2016-30661 Personnel Personnel Management Office PROPOSED RULES Federal Employees' Retirement System;

Government Costs, 93851-93855 2016-30487 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Applications for Special Permits, 94016-94021 2016-30573 2016-30574 2016-30575 2016-30577 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 93974 2016-30797 Postal Service Postal Service NOTICES Product Changes: First-Class Package Service Negotiated Service Agreement, 93975 2016-30789 Priority Mail and First-Class Package Service Negotiated Service Agreement, 93975 2016-30790 Priority Mail Negotiated Service Agreement, 93975 2016-30798 2016-30799 Securities Securities and Exchange Commission NOTICES Exemptions:

Euroclear Bank SA and NV, 93994-94005 2016-30853 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc.; Bats BYX Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc., 93988-93994 2016-30796 NASDAQ PHLX LLC, 93979-93988 2016-30794 2016-30795 New York Stock Exchange LLC, 93976-93979 2016-30793 New York Stock Exchange LLC; NYSE MKT LLC, 93975-93976 2016-30815 Small Business Small Business Administration NOTICES Conflict of Interest Exemptions:

Seacoast Capital Partners IV, LP, 94005 2016-30872 Disaster Declarations: Alabama, 94005-94006 2016-30875 Massachusetts, 94005 2016-30878 Tennessee, 94006 2016-30871 Small Business Investment Company License Surrenders, 94006 2016-30881 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Wild Noise/Ruido Salvaje: Artworks from El Museo Nacional de Bellas Artes, Havana, Cuba, 94006-94007 2016-30818 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 93946-93949 2016-30808 2016-30809 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control Exemptions: Genesee and Wyoming Inc.; Providence and Worcester Railroad Co., 94007-94010 2016-30843 Quarterly Rail Cost Adjustment Factor, 94010 2016-30867 Trade Representative Trade Representative, Office of United States PROPOSED RULES Privacy Act Policies and Procedures, 93857-93861 2016-30495 NOTICES Privacy Act; Systems of Records, 94010-94013 2016-30496 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Exploring Industry Practices on Distribution and Display of Airline Fare, Schedule, and Availability Information, 94021-94023 2016-30830 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 94023-94025 2016-30887 2016-30888 Separate Parts In This Issue Part II Labor Department, Employee Benefits Security Administration, 94028-94055 2016-30566 Part III Health and Human Services Department, 94058-94183 2016-30433 Part IV Treasury Department, Alcohol and Tobacco Tax and Trade Bureau, 94186-94210 2016-29201 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 246 Thursday, December 22, 2016 Rules and Regulations NATIONAL COUNCIL ON DISABILITY 5 CFR Part 10000 RIN 3480-AA01 Freedom of Information Act AGENCY: National Council on Disability. ACTION: Final rule. SUMMARY: The National Council on Disability

(NCD)issues a final rule amending its Freedom of Information Act

(FOIA)regulations to integrate required statutory mandates enacted by the FOIA Improvement Act of 2016 (The Improvement Act). These changes include a longer timeframe to file an appeal for administrative appeals and additional resources for dispute resolution services. Additionally, NCD issues this final rule so as to include comments which were submitted for NCD's existing FOIA regulations. But due to issues beyond NCD control, NCD did not receive the comments until after publication of the final rule. DATES: This rule is effective December 22, 2016. FOR FURTHER INFORMATION CONTACT: Joan Durocher, General Counsel, National Council on Disability, at 202-272-2004 or *jdurocher@ncd.gov.* SUPPLEMENTARY INFORMATION: I. Objective The objective of this final rule is to amend several substantive and procedural provisions in NCD's FOIA regulation. 1 The Improvement Act requires NCD to amend its FOIA regulations to extend the deadline for administrative appeals, to add information on dispute resolution services, and to amend NCD's fee structure. Additionally, NCD issues this final rule to amend its regulations so as to integrate comments that were submitted regarding NCD's original FOIA regulations but were not received until after publication of the final rule. NCD will integrate some of the commenter's remarks in this final rule. 1 80 FR 49117, August 17, 2015. II. Section by Section Analysis of Amendments to 5 CFR Part 10000 For the reasons discussed above, NCD amends 5 CFR part 10000 as follows: A. Section 10000.2 We revise § 10000.2 by: 1. Changing the word “requestors” to “requesters” in paragraphs

(1)and

(2)of the “requester category” definition. B. Section 10000.6 We revise § 10000.6 by: 1. Changing “FOIA Officer” to “Chief FOIA Officer” in paragraph (b)(3); and 2. Adding NCD's FOIA Public Liaison and the Office of Government Information Services to the list of offices available to offer dispute resolution services in paragraph (b)(5); and 3. Changing “the Council shall determine whether another agency of the federal government . . .” to “the Council shall determine whether another agency or entity of the federal government. . . .” in paragraph (c). C. Section 10000.7 We revise § 10000.7 by: 1. Adding the option to appeal by email in paragraph (a). 2. Changing the appeals deadline from 60 days to 90 days in paragraph (b); and 3. Adding NCD's FOIA Public Liaison and the Office of Government Information Services to the list of offices available to offer dispute resolution services in paragraph (c); and 4. Changing the word “disputes between FOIA requestors” to “between FOIA requesters” under paragraph (c). D. Section 10000.8 We revise § 10000.8 by: 1. Changing “FOIA Officer” to “Chief FOIA Officer” in paragraph (h)(4). III. Statutory Authority 1. The authority citation for parts 10000 is as follows: Authority: 5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 CFR 1987, 1987 Comp., p. 235; 3 CFR part 235. IV. Regulatory Analysis We have determined that the amendments mandated by the Improvement Act involve agency management and technical changes. Therefore, the amendments do not constitute a rulemaking under the Administrative Procedure Act (APA), 5 U.S.C. 551, 553(a)(2). Under the APA, the public may participate in the promulgation of rules that have a substantial impact on the public. The amendments to our regulations relate to agency management and technical changes only and are required by statute, and therefore, do not require public participation. Even if these amendments were a rulemaking under 5 U.S.C. 551, 553(a)(2) of the APA, we have determined that notice and public comment are unnecessary and contrary to the public interest. Under 5 U.S.C. 553(b)(B) of the APA, an agency may publish regulations in final form when the agency for good cause finds the notice and public procedure thereon impracticable, unnecessary, or contrary to public interest. The amendments are required by statute, are not a matter of agency discretion, and provide additional protections to the public through the existing regulations. Thus, notice and public procedure are impracticable, unnecessary, and contrary to the public interest. V. Regulatory Flexibility Act The Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Act of 1996 (5 U.S.C. 601 *et seq.* ), generally requires an agency to prepare a regulatory flexibility analysis for any rule subject to notice and comment rulemaking under the APA or any other statute, unless the agency certifies that the rule will not have a significant economic impact on a number of small entities. Small entities include small businesses, small organizations, and small government jurisdictions. The Council considered the effects on this final rule on small entities and certifies that these final rules will not have a significant impact on a substantial number of small entities. List of Subjects in 5 CFR Part 10000 Administrative practice and procedure, Confidential business information, Freedom of information, Privacy, Procedures for disclosure of records under the Freedom of Information Act. For the reasons discussed in the preamble, NCD amends 5 CFR part 10000 as follows: PART 10000—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 10000 continues to read as follows: Authority: 5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 CFR 1987, 1987 Comp., p. 235; 3 CFR 235. 2. Amend § 10000.2 by revising paragraphs

(1)and

(3)of the definition for “Requester category” to read as follows: § 10000.2 Definitions. Requester category * * *

(1)Commercial requesters;

(3)All other requesters. 3. Amend § 10000.6 by revising paragraphs (b)(3) and

(5)and the first sentence of paragraph

(c)introductory text to read as follows: § 10000.6 Responsibility for responding to requests.

(b)* * *

(3)A brief statement of the reason(s) for the denial, including any FOIA exemption applied in denying the request. The Chief FOIA Officer will indicate, if technically feasible, the amount of information deleted and the exemption under which a deletion is made on the released portion of the record, unless including that indication would harm an interest protected by the exemption;

(5)A statement of the right to seek dispute resolution services from NCD's FOIA Public Liaison and the Office of Government Information Services.

(c)*Consultation, referral, and coordination.* When reviewing records located by the Council in response to a request, the Council shall determine whether another agency of the Federal Government or entity is better able to determine whether the record is exempt from disclosure under the FOIA and, if so, whether it should be released as a matter of discretion. * * * 4. Amend § 10000.7 by revising paragraph (a), the first sentence of paragraph (b), and the fifth sentence of paragraph

(c)to read as follows: § 10000.7 Administrative appeals.

(a)You may appeal an adverse determination related to your FOIA request, or the Council's failure to respond to your FOIA request within the prescribed time limits, by email at *FOIA@ncd.gov,* or write ** to the Executive Director, National Council on Disability, 1331 F Street NW., Suite 850, Washington, DC 20004.

(b)Your appeal must be in writing and must be postmarked or electronically received by the Executive Director within 90 days of the date of the letter denying your request, in whole or in part. * * *

(c)* * * A requester may also seek dispute resolution services from NCD's FOIA Public Liaison and OGIS. * * * 5. Amend § 10000.8 by revising the first sentence of paragraph (h)(4) to read as follows. § 10000.8 Timeframe for Council's response to a FOIA request or administrative appeal.

(h)* * *

(4)The Chief FOIA Officer will decide whether to grant or deny your request for expedited processing and notify the requester within ten calendar days of receipt. * * * Dated: December 14, 2016. Rebecca Cokley, Executive Director. [FR Doc. 2016-30475 Filed 12-21-16; 8:45 am]

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