Unknown. Interim final rule

4,967 words·~23 min read·/register/2016/12/23/2016-31004·

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-2016-12-23.xml --- 81 247 Friday, December 23, 2016 Contents Administrative Administrative Conference of the United States NOTICES Adoption of Recommendations, 94312-94321 2016-31047 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Inspector General Office, Agriculture Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94704-94712 2016-29853 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 94321 2016-30897 AIRFORCE Air Force Department NOTICES Exclusive Patent Licenses: The University of North Carolina at Charlotte, 94343 2016-30989 Animal Animal and Plant Health Inspection Service RULES Imports: Lemons from Northwest Argentina, 94217-94230 2016-31013 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94808 2016-29912 Army Army Department NOTICES Meetings:

Advisory Committee on Arlington National Cemetery, 94344-94345 2016-30996 Advisory Committee on Arlington National Cemetery, Honor Subcommittee and the Remember and Explore Subcommittee, 94343-94344 2016-30983 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94844-94847 2016-29921 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Confidentiality Pledge; Revisions, 94321-94324 2016-30959 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: End-Stage Renal Disease Quality Incentive Program; Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Competitive Bidding Program Bid Surety Bonds, State Licensure, and Appeals Process for Breach of Contract Actions; Correction, 94268-94270 2016-31019 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 94379-94380 2016-31029 Requests for Nominations:

Advisory Panel on Hospital Outpatient Payment; Charter Renewal, 94378-94379 2016-31022 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CCDF Grantee Consumer Education Database Linkages with Childcare.gov, 94382 2016-30982 Privacy Act; Computer Matching Agreement, 94380-94381 2016-30894 Single-Source Grants: Unaccompanied Children's Services Program to BCFS Health and Human Services Emergency Management Division, 94381-94382 2016-31014 Coast Guard Coast Guard NOTICES Meetings:

Towing Safety Advisory Committee; January 2017 Teleconference, 94398-94399 2016-30952 Commerce Commerce Department See Census Bureau See National Oceanic and Atmospheric Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94714-94727 2016-29856 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 94340-94342 2016-31053 2016-31054 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 94840-94841 2016-29920 Comptroller Comptroller of the Currency RULES Availability of Information under the Freedom of Information Act, 94240-94246 2016-30725 Consumer Product Consumer Product Safety Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94850-94852 2016-29922 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 94342-94343 2016-31012 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Describing Agency Needs, 94345-94346 2016-31015 Defense Department Defense Department See Air Force Department See Army Department See Defense Acquisition Regulations System See Engineers Corps PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94730-94731, 94830-94838 2016-29858 2016-29919 NOTICES Charter Renewals: Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries, 94347 2016-30994 Meetings:

Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces, 94346-94347 2016-30992 Privacy Act; Systems of Records, 94347-94349 2016-30990 Education Department Education Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94734 2016-29859 NOTICES Privacy Act; Systems of Records, 94353-94356 2016-30960 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Workforce Innovation Fund Grants Reporting and Recordkeeping Requirements, 94422-94424 2016-30922 Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2017 Adverse Effect Wage Rates, 94422 2016-30928 Adverse Effect Wage Rate for Range Occupations in 2017, 94421-94422 2016-30923 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Standards for Commercial Water Heating Equipment:

Availability of Updated Analysis Results, 94234-94238 2016-30300 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94736-94740 2016-29860 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Energy Program, 94356-94357 2016-30997 Proposed Subsequent Arrangements, 94357 2016-31002 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Matagorda Ship Channel, TX, Feasibility Study, 94352-94353 2016-30986 Proposed Pascagoula River Drought Resiliency Project, George County and Jackson County, MS, 94349-94351 2016-30988 San Francisquito Creek Flood Risk Management Study, San Mateo and Santa Clara Counties, CA, 94351-94352 2016-30985 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Maryland; Control of Volatile Organic Compounds Emissions from Fiberglass Boat Manufacturing Materials, 94259-94262 2016-30880 National Priorities List: National Oil and Hazardous Substances Pollution Contingency Plan; Partial Deletion of the North Penn Area 6 Superfund Site, 94262-94266 2016-31032 Significant New Use: Significant New Use Rules on Certain Chemical Substances; Technical Correction, 94267 2016-30769 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Georgia; Redesignation of the Atlanta, Georgia 2008 8-Hour Ozone Nonattainment Area to Attainment, 94283-94295 2016-30879 West Virginia; Infrastructure Requirements for the 2012 Fine Particulate Standard, 94281-94283 2016-30882 National Priorities List: National Oil and Hazardous Substances Pollution Contingency Plan; Partial Deletion of the North Penn Area 6 Superfund Site, 94295-94296 2016-31016 Regulatory Agenda: Semiannual Regulatory Agenda, 94810-94816 2016-29915 NOTICES Draft Field-Based Methods:

Developing Aquatic Life Criteria for Specific Conductivity, 94370-94371 2016-31049 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 94371 2016-31046 Meetings: Local Government Advisory Committee and Small Communities Advisory Subcommittee, 94370 2016-31036 Federal Aviation Federal Aviation Administration PROPOSED RULES Transponder Requirement for Gliders; Withdrawal, 94277-94281 2016-30910 NOTICES Meetings: Twenty Fifth RTCA SC-222 AMS(R)S Systems New Air-Ground Data Link Technologies related to SATCOM, 94480-94481 2016-31020 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 94296 2016-30763 Regulatory Agenda:

Semiannual Regulatory Agenda, 94854-94888 2016-29927 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 94374-94377 2016-30899 License Renewal Applications: Entercom License, LLC, Station KDND(FM), Sacramento, CA, 94371-94374 2016-30898 Federal Election Federal Election Commission RULES Technical Amendments and Corrections, 94238-94240 2016-30699 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 94357-94359, 94363-94364 2016-30969 2016-30973 2016-30974 2016-30975 Environmental Assessments;

Availability, etc.: Florida Gas Transmission Company, LLC; East-West Project, 94360-94362 2016-31000 Filings: Anaheim, CA, 94362 2016-30981 Banning, CA, 94362 2016-30980 Riverside, CA, 94360 2016-30979 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Beacon Solar 1, LLC, 94364 2016-30977 National Choice Energy LLC, 94364-94365 2016-30978 Wildwood Solar I, LLC, 94358 2016-30976 Inquiry Regarding the Commission's Policy for Recovery of Income Tax Costs, 94366-94370 2016-30970 Qualifying Conduit Hydropower Facilities:

Greybull Valley Irrigation District, 94365-94366 2016-30933 Staff Protests to Petitions for Rate Approvals: Eagle Ford Midstream, LP, 94362-94363 2016-31001 Federal Motor Federal Motor Carrier Safety Administration NOTICES Controlled Substances and Alcohol Testing Responsibilities of Commercial Driver Staffing Agencies and Motor Carriers that Use Them, 94481-94482 2016-30991 Meetings: Household Goods Consumer Protection Working Group, 94481 2016-30987 Federal Railroad Federal Railroad Administration RULES Drug and Alcohol Testing:

Determination of Minimum Random Testing Rates for 2017, 94270 2016-31009 Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2017, 94271-94274 2016-30812 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94890-94891 2016-29929 Risk-based Capital and Other Regulatory Requirements for Activities of Financial Holding Companies Related to Physical Commodities and Risk-based Capital Requirements for Merchant Banking Investments, 94276-94277 2016-30993 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 94377 2016-30995 Fish Fish and Wildlife Service RULES Civil Penalties:

Inflation Adjustments for Civil Monetary Penalties, 94274 2016-31038 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Establishment of a Nonessential Experimental Population of the Oregon Silverspot Butterfly in Northwestern Oregon, 94296-94310 2016-30817 NOTICES Environmental Impact Statements; Availability, etc.: City of San Diego Vernal Pool Habitat Conservation Plan; San Diego County, CA, 94409-94411 2016-31037 Meetings: North American Wetlands Conservation Council;

Teleconference, 94411 2016-31026 Food and Drug Food and Drug Administration RULES Medical Devices: Neurological Devices; Classification of the Neurovascular Mechanical Thrombectomy Device for Acute Ischemic Stroke Treatment, 94251-94253 2016-31007 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in the Food and Drug Administration Regulatory Science Student Internship Program, 94384-94386 2016-30967 Unique Device Identification System, 94386-94388 2016-30966 Food and Drug Administration Modernization Act:

Modifications to the List of Recognized Standards, Recognition List Number—046, 94388-94394 2016-31008 Guidance for Industry: Product-Specific Bioequivalence Recommendations, 94394-94396 2016-30984 Medical Devices: User Fee and Modernization Act; Web Site Location of Fiscal Year 2017 Proposed Guidance Development, 94382-94384 2016-31006 Foreign Assets Foreign Assets Control Office RULES Iranian Transactions and Sanctions Regulations, 94254-94259 2016-30968 General Services General Services Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 94818-94819, 94830-94838 2016-29916 2016-29919 Government Ethics Government Ethics Office RULES Freedom of Information Act Regulation, 94215-94217 2016-31004 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94742-94754 2016-29863 NOTICES Meetings:

Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 94396 2016-30904 Homeland Homeland Security Department See Coast Guard RULES Removal of Regulations Relating to Special Registration Process for Certain Nonimmigrants, 94231-94234 2016-30885 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94756-94763 2016-29864 Housing Housing and Urban Development Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94766-94767 2016-29865 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assessing Public Housing Authorities Compliance with Insurance Requirements under the Consolidated Annual Contributions Contract and Regulations, 94404 2016-30915 Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities, 94399-94400 2016-30911 FHA-Application for Insurance of Advance of Mortgage Proceeds, 94399 2016-30912 Floodplain Management and Protection of Wetlands, 94400-94401 2016-30920 Recordkeeping for Continuum of Care Program, 94406-94408 2016-30913 Section 202 Housing for the Elderly and Section 811 Housing for the Disabled, 94408-94409 2016-30918 Youth Homelessness Demonstration Program, 94401-94402 2016-30919 Federal Properties Suitable as Facilities to Assist the Homeless, 94405-94406 2016-30620 Privacy Act;

Computer Matching Program, 94402-94404 2016-30914 Information Information Security Oversight Office NOTICES Meetings: State, Local, Tribal, and Private Sector Policy Advisory Committee, 94426 2016-30949 Inspector General Agriculture Inspector General Office, Agriculture Department RULES Availability of Information to the Public, 94230-94231 2016-30803 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Ocean Energy Management Bureau See Office of Natural Resources Revenue PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 94770-94773 2016-29868 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 94483 2016-30902 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Carbon and Alloy Steel Products, 94416-94417 2016-30934 Certain Foam Footwear, 94417-94418 2016-31051 Meetings; Sunshine Act, 94415-94416 2016-31126 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings:

Advisory Committee, 94418 2016-30903 Justice Department Justice Department See Prisons Bureau PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94776 2016-29869 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State and Local Justice Agencies Serving Tribal Lands: Census of Prosecutor Offices Serving Tribal Lands, 94420-94421 2016-30932 State and Local Justice Agencies Serving Tribal Lands: Census of State and Local Law Enforcement Agencies Serving Tribal Lands, 94419 2016-30931 Consent Decrees:

CERCLA, 94419-94420 2016-31005 Labor Department Labor Department See Employment and Training Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94778-94782 2016-29870 Land Land Management Bureau NOTICES Environmental Assessments; Availability, etc.: Federal Coal Lease Application NDM-107039, McLean County, ND; Public Hearing, 94412-94413 2016-31039 Meetings: Eastern Washington Resource Advisory Council, 94413 2016-31027 Management Management and Budget Office NOTICES Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act, 94424-94425 2016-30901 NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 94822, 94830-94838 2016-29917 2016-29919 NOTICES Environmental Impact Statements; Availability, etc.: National Environmental Policy Act: Kennedy Space Center—Center Master Plan, 94425-94426 2016-30907 Exclusive Term Licenses: SageGuard Solutions, LLC, Westlake, OH; Exclusive Patent License, 94425 2016-30889 National Archives National Archives and Records Administration See Information Security Oversight Office NOTICES Meetings: Advisory Committee on the Presidential Library-Foundation Partnerships, 94426-94427 2016-30948 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 94427 2016-31042 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 94396-94397 2016-30890 National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, 94397 2016-30891 National Institute on Deafness and Other Communication Disorders, 94397 2016-30892 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Herring Fishery Management Plan: New England Fishery Management Council Meeting, 94310-94311 2016-30821 NOTICES Endangered and Threatened Species:

Take of Anadromous Fish, 94324-94326 2016-30877 Meetings: North Pacific Fishery Management Council, 94339-94340 2016-30819 Requests for Nominations: Marine Fisheries Advisory Committee, 94339 2016-31040 Takes of Marine Mammals Incidental to Specified Activities: St. George Reef Lighthouse Restoration, Maintenance, and Tour Operations at Northwest Seal Rock, Del Norte County, CA, 94326-94339 2016-30785 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Designation as National Recreation Trail or National Water Trail, 94413-94414 2016-30965 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 94427-94429 2016-30927 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Draft Regulatory Guides: Changes, Tests, and Experiments, 94275-94276 2016-30921 Regulatory Agenda: Semiannual Regulatory Agenda, 94894-94896 2016-29930 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certificate of Disposition of Materials, 94429-94430 2016-30909 Guidance: Restart of a Nuclear Power Plant Shut Down by a Seismic Event, 94433-94434 2016-30895 Spent Fuel Heat Generation in an Independent Spent Fuel Storage Installation, 94431-94433 2016-30896 Standard Review Plans: Design of Structures, Components, Equipment, and Systems, and Reactor Coolant System and Connected Systems, 94430-94431 2016-30908 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Cook Inlet Outer Continental Shelf Oil and Gas Lease Sale 244, 94415 2016-30930 Natural Resources Office of Natural Resources Revenue NOTICES States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties, 94414-94415 2016-30925 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Defense and National Security: U.S. Military Force and National Security Operations; Increased Legal and Policy Transparency Efforts (Memorandum of December 5, 2016), 94213-94214 2016-31213 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997;

Determination (Presidential Determination No. 2017-04 of December 2, 2016), 94211 2016-31189 Prisons Prisons Bureau RULES Contraband and Inmate Personal Property; Technical Amendments, 94253-94254 2016-30998 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda; Regulatory Plan, 94496-94701 2016-29848 Securities Securities and Exchange Commission RULES Consolidated Audit Trail, 94251 2016-30883 PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 94898-94903 2016-29931 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 94457, 94475 2016-30916 2016-30917 Applications: Delaware Management Business Trust, et al., 94457-94458 2016-30936 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 94440-94442 2016-30947 Bats BZX Exchange, Inc., 94468-94469 2016-30946 Bats EDGA Exchange, Inc., 94454-94457 2016-30942 Bats EDGX Exchange, Inc., 94442-94448 2016-30941 C2 Options Exchange, Inc., 94434-94437 2016-30938 Chicago Board Options Exchange, Inc., 94469-94473 2016-30937 Chicago Board Options Exchange, Inc.;

C2 Options Exchange, Inc., 94458-94460 2016-30939 National Securities Clearing Corp., 94448-94454, 94462-94467 2016-30935 2016-30944 NYSE Arca, Inc., 94460-94462, 94473-94475 2016-30940 2016-30943 NYSE MKT LLC, 94437-94440 2016-30945 Small Business Small Business Administration RULES Credit for Lower Tier Small Business Subcontracting, 94246-94251 2016-30874 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94824-94828 2016-29918 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

The Mysterious Landscapes of Hercules Segers Exhibition, 94475-94476 2016-30950 Surface Transportation Surface Transportation Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94906-94907 2016-29935 NOTICES Discontinuance of Service Exemptions: Norfolk Southern Railway Co. in Rockingham and Shenandoah Counties, VA, 94476 2016-31041 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Actions Taken, 94476-94477 2016-30963 Trade Representative Trade Representative, Office of United States NOTICES Determination of Trade Surplus:

Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama, 94477-94480 2016-30926 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 94784-94803 2016-29872 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service See United States Mint PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 94806 2016-29911 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 94483-94484 2016-31030 2016-31033 2016-31043 U.S. Mint United States Mint NOTICES Pricing for the 2017 Lions Clubs International Centennial Silver Dollars, 94484 2016-30956 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agent Orange Registry Code Sheet, 94484-94485 2016-30962 Veterans Benefits Administration Voice of the Veteran Customer Satisfaction Continuous Measurement Survey, 94485-94486 2016-30961 Funding Availability:

Homeless Providers Grant and Per Diem Program, 94487-94494 2016-30957 Homeless Providers Grant and Per Diem Program; Terminations, 94486-94487 2016-30958 Separate Parts In This Issue Part II Regulatory Information Service Center, 94496-94701 2016-29848 Part III Agriculture Department, 94704-94712 2016-29853 Part IV Commerce Department, 94714-94727 2016-29856 Part V Defense Department, 94730-94731 2016-29858 Part VI Education Department, 94734 2016-29859 Part VII Energy Department, 94736-94740 2016-29860 Part VIII Health and Human Services Department, 94742-94754 2016-29863 Part IX Homeland Security Department, 94756-94763 2016-29864 Part X Housing and Urban Development Department, 94766-94767 2016-29865 Part XI Interior Department, 94770-94773 2016-29868 Part XII Justice Department, 94776 2016-29869 Part XIII Labor Department, 94778-94782 2016-29870 Part XIV Transportation Department, 94784-94803 2016-29872 Part XV Treasury Department, 94806 2016-29911 Part XVI Architectural and Transportation Barriers Compliance Board, 94808 2016-29912 Part XVII Environmental Protection Agency, 94810-94816 2016-29915 Part XVIII General Services Administration, 94818-94819 2016-29916 Part XIX National Aeronautics and Space Administration, 94822 2016-29917 Part XX Small Business Administration, 94824-94828 2016-29918 Part XXI Defense Department, 94830-94838 2016-29919 Part XXII Commodity Futures Trading Commission, 94840-94841 2016-29920 Part XXIII Bureau of Consumer Financial Protection, 94844-94847 2016-29921 Part XXIV Consumer Product Safety Commission, 94850-94852 2016-29922 Part XXV Federal Communications Commission, 94854-94888 2016-29927 Part XXVI Federal Reserve System, 94890-94891 2016-29929 Part XXVII Nuclear Regulatory Commission, 94894-94896 2016-29930 Part XXVIII Securities and Exchange Commission, 94898-94903 2016-29931 Part XXIX Surface Transportation Board, 94906-94907 2016-29935 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. 81 247 Friday, December 23, 2016 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2604 RIN 3209-AA39 Freedom of Information Act Regulation AGENCY: Office of Government Ethics (OGE). ACTION: Interim final rule. SUMMARY:

The U.S. Office of Government Ethics

(OGE)is updating its Freedom of Information Act

(FOIA)regulation to implement changes in accordance with the FOIA Improvement Act of 2016. DATES: This interim final rule is effective December 23, 2016. Written comments are invited and must be received on or before January 23, 2017. ADDRESSES: You may submit written comments to OGE on the interim final rule by any of the following methods: • *Email:* *usoge@oge.gov.* Include the appropriate Regulation Identifier Number in the subject line of the message. • *Fax:*

(202)482-9237. • *Mail/Hand Delivery/Courier:* U.S. Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917, Attention: Jennifer Matis, Assistant Counsel. *Instructions:* All submissions must include OGE's agency name and the appropriate Regulation Identifier Number

(RIN)3209-AA39 for this proposed rulemaking. OGE will post all comments on its Web site ( *www.oge.gov* ). All comments received will be posted without change; OGE generally does not edit a commenter's personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Jennifer Matis, Assistant Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917; Telephone: 202-482-9216; TTY: 800-877-8339; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: I. Substantive Discussion On June 30, 2016, the FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (the Act) was enacted. The Act specifically requires all agencies to review and update their Freedom of Information Act

(FOIA)regulations in accordance with its provisions. OGE is making changes to its regulations accordingly, including correcting citations, highlighting the electronic availability of records, implementing the “rule of three” for frequently requested records, notifying requesters of their right to seek assistance from the FOIA Public Liaison and the Office of Government Information Services, changing the time limit for appeals, implementing the foreseeable harm standard, describing limitations on assessing search fees if the response time is delayed, and adding new annual reporting requirements. II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), I find that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because these amendments, which concern matters of agency organization, procedure and practice, are being adopted in accordance with mandates required by the FOIA Improvement Act of 2016, which requires that agencies amend their FOIA regulations not later than 180 days after the date of enactment. It is also in the public interest in order to provide notice to requestors of the additional time to file appeals. Regulatory Flexibility Act As the Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this interim final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects individuals requesting records under the FOIA. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain information collection requirements that require approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 5, subchapter II), this rule would not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Executive Order 13563 and Executive Order 12866 Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits (including economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. In promulgating this rulemaking, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in Executive Orders 12866 and 13563. The rule has not been reviewed by the Office of Management and Budget because it is not a significant regulatory action for the purposes of Executive Order 12866. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects in 5 CFR Part 2604 Administrative practice and procedure, Archives and records, Confidential business information, Freedom of information, Reporting and recordkeeping requirements. Approved: December 20, 2016. Walter M. Shaub, Jr., Director, Office of Government Ethics. For the reasons set out above, OGE amends 5 CFR part 2604 as follows: PART 2604—FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE PRODUCTION OF PUBLIC FINANCIAL DISCLOSURE REPORTS 1. The authority citation for part 2604 continues to read as follows: Authority: 5 U.S.C. 552; 5 U.S.C. App. 101-505; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 13392, 70 FR 75373, 3 CFR, 2005 Comp., p. 216. 2. Amend § 2604.103 by revising the definition of “Chief FOIA Officer” to read as follows: § 2604.103 Definitions. *Chief FOIA Officer* means the OGE official designated in 5 U.S.C. 552(j)(1) to provide oversight of all of OGE's FOIA program operations. 3. Amend § 2604.201 by revising paragraphs

(b)introductory text and (b)(4), removing paragraph (c), and redesignating paragraph

(d)as paragraph

(c)to read as follows: § 2604.201 Public reading room facility and Web site.

(b)*Records available.* The OGE Web site contains OGE records which are required by 5 U.S.C. 552(a)(2) to be made available for public inspection in an electronic format, including:

(4)Copies of records created by OGE that have been released to any person under subpart C of this part and that, because of the nature of their subject matter, OGE determines have become or are likely to become the subject of subsequent requests for substantially the same records or that have been requested three or more times; and 4. Amend § 2604.202 by revising paragraph

(a)to read as follows: § 2604.202 Index identifying information for the public.

(a)OGE will maintain and make available for public inspection in an electronic format a current index of the materials available on its Web site that are required to be indexed under 5 U.S.C. 552(a)(2). 5. Amend § 2604.303 by revising paragraphs

(a)and (b)(4), and adding paragraph (b)(5) to read as follows: § 2604.303 Form and content of responses.

(a)*Form of notice granting a request.* After the FOIA Officer has made a determination to grant a request in whole or in part, the requester will be notified in writing. The notice will describe the manner in which the record will be disclosed, whether by providing a copy of the record with the response or at a later date, or by making a copy of the record available to the requester for inspection at a reasonable time and place. The procedure for such an inspection may not unreasonably disrupt OGE operations. The response letter will inform the requester of the right of the requester to seek assistance from the FOIA Public Liaison. The response letter will also inform the requester in the response of any fees to be charged in accordance with the provisions of subpart E of this part.

(b)* * *

(4)A statement that the denial may be appealed under § 2604.304, and a description of the requirements of that section; and

(5)A statement of the right of the requester to seek dispute resolution services from the FOIA Public Liaison or the Office of Government Information Services (OGIS). 6. Amend § 2604.304 by revising paragraph

(b)to read as follows: § 2604.304 Appeal of denials.

(b)*Letter of appeal.* The appeal must be in writing and must be sent within 90 calendar days of receipt of the denial letter. An appeal should include a copy of the initial request, a copy of the letter denying the request in whole or in part, and a statement of the circumstances, reasons or arguments advanced in support of disclosure of the record. 7. Amend § 2604.305 by revising paragraph

(c)to read as follows: § 2604.305 Time limits.

(c)*Extension of time limits.* When additional time is required for one of the reasons stated in paragraph

(d)of this section, OGE will, within the statutory 20-working day period, issue written notice to the requester setting forth the reasons for the extension and the date on which a determination is expected to be made. If more than 10 additional working days are needed, the requester will be notified and provided an opportunity to limit the scope of the request or to arrange for an alternative time frame for processing the request or a modified request. To aid the requester, OGE will make available its FOIA Public Liaison to assist in the resolution of any disputes. Additionally, OGE will notify the requester of the right of the requester to seek dispute resolution services from OGIS. 8. Amend § 2604.401 by revising paragraph

(a)to read as follows: § 2604.401 Application of exemptions.

(a)*Foreseeable harm standard.* A requested record will not be withheld from inspection or copying unless it comes within one of the classes of records exempted by 5 U.S.C. 552 and OGE reasonably foresees that disclosure would harm an interest protected by an exemption described in 5 U.S.C. 552(b) or is prohibited by law. Nothing in this paragraph requires disclosure of information that is otherwise prohibited from disclosure by law, or otherwise exempted from disclosure under 5 U.S.C. 552(b)(3). 9. Amend § 2604.503 by revising paragraph

(d)to read as follows: § 2604.503 Limitations on charging fees.

(d)If OGE does not comply with one of the time limits under § 2604.305, it will not assess search fees (or in the case of a requester described under § 2604.502(c), duplication fees), except as provided in paragraphs (d)(1) through (d)(3) of this section.

(1)If OGE has determined that unusual circumstances apply, as defined in 5 U.S.C. 552(a)(6)(B), and OGE provided timely written notice to the requester in accordance with 5 U.S.C. 552(a)(6)(B), a failure to comply with the time limit is excused for an additional 10 days.

(2)If OGE has determined that unusual circumstances apply, as defined in 5 U.S.C. 552(a)(6)(B), and more than 5,000 pages are necessary to respond to the request, OGE may charge search fees (or in the case of requesters described under § 2604.502(c), duplication fees) if OGE has provided timely written notice to the requester in accordance with 5 U.S.C. 552(a)(6)(B) and OGE has discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5. U.S.C. 552(a)(6)(B)(ii).

(3)If a court has determined that exceptional circumstances exist, as defined in 5 U.S.C. 552(a)(6)(B), a failure to comply with the time limits shall be excused for the length of time provided by the court order. 10. Revise § 2604.601 to read as follows: § 2604.601 Electronic posting and submission of annual OGE FOIA report. On or before February 1 of each year, OGE will submit to the Office of Information Policy at the United States Department of Justice and to the Director of OGIS an Annual FOIA Report. The report will include the information required by 5 U.S.C. 552(e). OGE will electronically post on its Web site the report and the raw statistical data used in each report, in accordance with 5 U.S.C. 552(e)(3). [FR Doc. 2016-31004 Filed 12-22-16; 8:45 am]

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