Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-01-04.xml --- 82 2 Wednesday, January 4, 2017 Contents Agriculture Agriculture Department See Forest Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Changes to Certain Alcohol-Related Regulations Governing Bond Requirements and Tax Return Filing Periods, 1108-1137 2016-31417 PROPOSED RULES Changes to Certain Alcohol-Related Regulations Governing Bond Requirements and Tax Return Filing Periods, 780-787 2016-31415 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:

Cooperative Research Group on Energy Storage System Evaluation and Safety II, 870 2016-31904 DVD Copy Control Association, 870 2016-31908 IMS Global Learning Consortium, Inc., 871 2016-31910 National Spectrum Consortium, 869-870 2016-31902 Storage Performance Council, 870 2016-31909 Children Children and Families Administration NOTICES Designating State Title IV-D Child Support Agencies as Public Bodies, 850 2016-31895 Coast Guard Coast Guard PROPOSED RULES Drawbridge Operations:

Upper Mississippi River, IA, 787-789 2016-31893 Safety Zones: Apra Harbor, Guam, 789-792 2016-31894 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act; Systems of Records, 816-820 2016-31315 Defense Department Defense Department NOTICES Meetings: Government-Industry Advisory Panel, 827-828 2016-31905 Education Department Education Department NOTICES Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs;

Award Deadline Dates for 2017-2018, 828-830 2016-31907 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance Eligibility; Determinations, 872-882 2016-31899 Worker Adjustment Assistance Eligibility; Investigations, 882-887 2016-31898 Energy Department Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration RULES Energy Conservation Programs: Test Procedures for Compressors, 1052-1106 2016-29427 NOTICES Export Electric Energy;

Applications: Southwest Power Pool, Inc., 831 2016-31884 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area, 729-733 2016-31643 Texas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan, 912-950 2016-30713 Pesticides; Certification of Pesticide Applicators, 952-1050 2016-30332 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Redesignation of the Ohio Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 792-805 2016-31635 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 712-716 2016-30117 Airbus Defense and Space S.A. (formerly known as Construcciones Aeronauticas, S.A.) Airplanes, 718-720 2016-30842 Robinson Helicopter Company Helicopters, 716-718 2016-30832 Revocation of Offshore Airspace Areas:

Control 1154H, Control 1173H, Control 1154L, and Control 1173L, California, 720-722 2016-29144 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 734-737 2016-31366 Gulfstream Aerospace Corporation Airplanes, 737-739 2016-31362 NOTICES Aeronautical Land-Use Assurances; Waivers: W. K. Kellogg Airport, Battle Creek, MI, 899-900 2016-31916 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 835-837 2016-31662 Combined Filings, 832-835 2016-31841 2016-31880 2016-31881 Filings:

North American Electric Reliability Corp., 831-832 2016-31882 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Lightstone Marketing LLC, 832 2016-31843 Refund Effective Dates: Dayton Power and Light Co., AES Ohio Generation, LLC, 831 2016-31842 Federal Highway Federal Highway Administration PROPOSED RULES National Standards for Traffic Control Devices: Manual on Uniform Traffic Control Devices for Streets and Highways; Maintaining Pavement Marking Retroreflectivity, 770-780 2016-31249 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 840 2016-31914 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 839-840 2016-31913 Federal Trade Federal Trade Commission NOTICES Internet of Things

(IoT)Home Inspector Challenge, 840-847 2016-31731 Proposed Consent Agreements: C.H. Boehringer Sohn AG and Co. KG, 847-850 2016-31848 Fiscal Fiscal Service NOTICES Prompt Payment Interest Rate; Contract Disputes Act, 910 2016-31903 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer and Healthcare Professional Identification of and Responses to Deceptive Prescription Drug Promotion, 855-858 2016-31845 Charter Renewals: Advisory Committee; Technical Electronic Product Radiation Safety Standards Committee, 850-851 2016-31847 Guidance: In-Use Stability Studies and Associated Labeling Statements for Multiple-Dose Injectable Animal Drug Products, 851-852 2016-31855 Meetings: Battery Safety Concerns in Electronic Nicotine Delivery Systems; Public Workshop, 852-854 2016-31857 Forest Forest Service NOTICES Meetings: Bridger-Teton Resource Advisory Committee, 815-816 2016-31867 2016-31869 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Indian Affairs Indian Affairs Bureau NOTICES Liquor Ordinances: Grand Traverse Band of Ottawa and Chippewa Indians, 866-868 2016-31874 Industry Industry and Security Bureau RULES Addition of Certain Entities to the Entity List, 722-725 2016-31969 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Digital Inclusion Corps Pilot Project Evaluation, 887-888 2016-31858 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau International Boundary International Boundary and Water Commission, United States and Mexico NOTICES Environmental Assessments; Availability, etc.: Rehabilitation of the Levee System in the Tijuana River Flood Control Project, 869 2016-31616 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Rolled Steel Flat Products from Japan, 821-825 2016-31890 Certain Pasta from Italy, 820-821 2016-31886 Justice Department Justice Department See Antitrust Division See Justice Programs Office RULES Freedom of Information Act Regulations, 725-729 2016-31508 Justice Programs Justice Programs Office NOTICES Requests for Nominations: Special Technical Committee on Law Enforcement Firearms, 871-872 2016-31876 Labor Department Labor Department See Employment and Training Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Meetings: Las Cruces District Resource Advisory Council, New Mexico, 869 2016-31872 Public Lands; Temporary Closures: King of the Hammers Race, San Bernardino County, CA, 868-869 2016-31883 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 901-910 2016-31887 2016-31888 Import Eligibility; Petitions: Model Year 2013 and 2014 Ferrari F12 Berlinetta Passenger Cars, 900-901 2016-31889 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 858-859 2016-31849 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery of the South Atlantic Region; Amendment 36, 810-812 2016-31896 Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Change to Pacific Mackerel Management Cycle from Annual to Biennial, 812-814 2016-31900 NOTICES Environmental Impact Statements; Availability, etc.: Fisheries of the Northeastern United States; Northeast Skate Complex Fishery, 825-827 2016-31864 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 888-889 2016-31846 2016-31892 Postal Service Postal Service NOTICES International Product Changes: Global Expedited Package Services—Non-Published Rates, 890 2016-31854 Product Changes: Priority Mail Express and Priority Mail Negotiated Service Agreement, 890 2016-31853 Priority Mail Negotiated Service Agreement, 889-890 2016-31850 2016-31851 2016-31852 Securities Securities and Exchange Commission NOTICES Applications: Morgan Stanley ETF Trust, et al., 890-892 2016-31860 Self-Regulatory Organizations; Proposed Rule Changes: Bats EDGA Exchange, Inc., 892-898 2016-31859 Southwestern Southwestern Power Administration NOTICES Integrated System Rate Schedule, 837-839 2016-31885 Special Inspector Special Inspector General for Afghanistan Reconstruction RULES Freedom of Information Act and Privacy Act Procedures, 711-712 2016-30775 Surface Transportation Surface Transportation Board PROPOSED RULES Publication Requirements for Agricultural Products; Rail Transportation of Grain, Rate Regulation Review, 805-809 2016-31906 Susquehanna Susquehanna River Basin Commission NOTICES Public Hearings, 898-899 2016-31912 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Fiscal Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Temporary Protected Status; Extensions and Redesignations: Republic of Yemen, 859-866 2016-31003 Workers' Workers Compensation Programs Office PROPOSED RULES Black Lung Benefits Act: Medical Benefit Payments, 739-770 2016-31382 Separate Parts In This Issue Part II Environmental Protection Agency, 912-950 2016-30713 Part III Environmental Protection Agency, 952-1050 2016-30332 Part IV Energy Department, 1052-1106 2016-29427 Part V Treasury Department, Alcohol and Tobacco Tax and Trade Bureau, 1108-1137 2016-31417 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. 82 2 Wednesday, January 4, 2017 Rules and Regulations SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION 5 CFR Part 9301 RIN 3460-AA04 Freedom of Information Act and Privacy Act Procedures AGENCY: Special Inspector General for Afghanistan Reconstruction. ACTION: Interim final rule. SUMMARY: The Special Inspector General for Afghanistan Reconstruction (SIGAR) proposes to amend its Freedom of Information Act regulation to comply with the FOIA Improvement Act of 2016. The FOIA Improvement Act of 2016 requires, among other things, that agencies update the procedures for proactive disclosures, disclosure requirements, and the circumstances under which agencies can charge search and duplication fees. DATES: This interim final rule is effective January 4, 2017. Submit comments on or before February 3, 2017. ADDRESSES: Address all comments concerning this proposed interim final rule to William B. Gaertner, Associate General Counsel, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. Comments will be made available for inspection upon written request. SIGAR will make such comments available for public inspection in the Office of Privacy, Records, and Disclosure, 9th Floor, 1550 Crystal Drive, Arlington, VA 22202, on official business days between the hours of 9 a.m. and 5 p.m. Eastern time. You can make an appointment to inspect comments by telephoning

(703)545-6000. All comments, including attachments and other supporting materials, received are part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: William Gaertner, Associate General Counsel, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202,

(703)545-5994. SUPPLEMENTARY INFORMATION: On January 28, 2008, the President signed into law the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), which created SIGAR to conduct independent and objective audits, investigations and analysis to promote economy and efficiency, and to detect and deter waste, fraud, and abuse in the reconstruction of Afghanistan. The Freedom of Information Act (FOIA), as amended, provides for access by the public to records of executive branch agencies, subject to certain restrictions and exemptions. In order to establish procedures to facilitate public interaction with SIGAR, the agency published 5 CFR part 9301 setting forth SIGAR's regulations governing the access provisions of those statutes and Executive Order 12958. On June 30, 2016 the President signed into law the FOIA Improvement Act of 2016 (Pub. L. 114-185) requiring that agencies make available for inspection in an electronic format records that have been requested three or more times, notify requesters of the right to seek dispute resolution services from the Office of Government Information Services

(OGIS)when agencies extend time limits by more than ten additional working days, and limiting the circumstances under which agencies may charge requesters search fees. This interim final rule implements these changes to the FOIA. The changes will alter 5 CFR parts 9301.5, 9301.6, and 9301.8. II. The Interim Final Rule This interim final rule amends portions of SIGAR's existing regulation implementing provisions of the FOIA (5 U.S.C. 552). The provisions of this amendment shall apply to all components of SIGAR. The FOIA provides for the disclosure of agency records and information to the public, unless that information is exempted under delineated statutory exemptions under the FOIA. The procedures established here are intended to ensure that SIGAR fully satisfies its responsibility to the public to disclose agency information, but continues to safeguard sensitive information properly. Procedural Requirements This Interim Final rule amends SIGAR's regulations implementing the FOIA to facilitate the interaction of the public with SIGAR. SIGAR's policy of disclosure follows the Presidential Memorandum of January 21, 2009, “Transparency and Open Government,” 74 FR 4685, and the Attorney General's March 19, 2009 FOIA policy guidance, advising Federal agencies to apply a presumption of disclosure in FOIA decision making. This Interim Final Rule incorporates portions the FOIA Improvement Act of 2016, signed into law by the President on June 30, 2016. SIGAR has determined that good cause exists to publish this amendment to its FOIA regulations as an interim final rule. This amendment maintains SIGAR's compliance with the FOIA and those amendments to the FOIA adopted in the FOIA Improvement Act of 2016. SIGAR has determined that this interim rule should be issued without a delayed effective date pursuant to 5 U.S.C. 553(d)(3). Finally, notice of proposed rulemaking is not required, because the provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do not apply. It has been determined that this rulemaking is not a significant regulatory action for the purposes of Executive Order 12866. Accordingly, a regulatory impact analysis is not required. Dated: December 16, 2016. John F. Sopko, Inspector General. List of Subjects in 5 CFR Part 9301 Administrative practice and procedure, Freedom of information. Authority and Issuance For the reasons set forth above, SIGAR amends 5 CFR part 9301 as follows: PART 9301—[AMENDED] 1. The authority citation for part 9301 continues to read as follows: Authority: 5 U.S.C. 552; Pub. L. 110-175, 121 Stat. 2524 (2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., pp. 216-200. 2. Section 9301.5 is revised to read as follows: § 9301.5 Accessing records without request Certain SIGAR records, including the agency's Quarterly Report, audit reports, testimony, oversight plans, press releases, other public issuances, and records that are required by 5 U.S.C. 552(a)(2) to be made publicly available are available electronically from SIGAR's homepage at *http://www.sigar.mil.* SIGAR encourages requesters to visit its Web site before making a request for records under § 9301.6. 3. In § 9301.6, paragraphs (c)(1)(ii), (c)(3)(i), and (d)(1) are revised to read as follows: § 9301.6 Requesting records.

(c)* * *

(1)* * *

(ii)*Request denied.* If the FOIA Officer denies the request, in full or part, the FOIA Officer shall provide the requester written notice of the denial together with the approximate number of pages of information withheld and the exemption under which the information was withheld. SIGAR will indicate, if technically feasible, the amount of information deleted and the exemption under which the deletion is made at the place in the record where the deletion was made. SIGAR will also indicate 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 exemptions. The notice shall also describe the procedure for filing an appeal. SIGAR will further notify the requester of their right to seek assistance from SIGAR's FOIA Public Liaison or dispute resolution services from the FOIA Public Liaison or the Office of Government Information Services.

(3)* * *

(i)*In general.* If the FOIA Officer determines that unusual circumstances exist, the FOIA Officer may extend for no more than ten days (except Saturdays, Sundays and Federal holidays) the time limits described in paragraph (c)(1) of this section by providing written notice of the extension to the requester. The FOIA Officer shall include with the notice a brief statement of the reason for the extension and the date the FOIA Officer expects to make the determination. If the extension goes beyond ten working days, the FOIA Officer will include a notification of the requester's right to seek dispute resolutions services from the Office of Government Information Services.

(d)* * *

(1)*Initiating appeals.* Requesters not satisfied with the FOIA Officer's written decision may request SIGAR's FOIA Appellate Authority to review the decision. Appeals must be delivered in writing within 90 days of the date of the decision and shall be addressed to the FOIA Appellate Authority, Office of Privacy, Records & Disclosure, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. As there may be delays in mail delivery, it is advisable to Fax appeals to

(703)601-3804 or email to *sigar.pentagon.gencoun.mbx.foia@mail.mil.* An appeal shall include a statement specifying the records that are the subject of the appeal and explaining why the Appellate Authority should grant the appeal. 4. In § 9301.8, paragraph (f)(3) is added to read as follows: § 9301.8 Fees in general.

(f)* * *

(3)SIGAR determines that unusual circumstances apply to the processing of a request, provides timely notice the requester, and delay is excused for an additional ten days, but SIGAR still fails to respond within the timeframe established by the additional delay. This provision applies only to search fees. However, the following exceptions shall apply:

(i)Notwithstanding § 9301.8(f)(3), if SIGAR determines that unusual circumstances apply and that responding to the request requires the production of more than 5,000 pages, SIGAR may continue to charge search fees, or duplication fees for requesters in preferred status, for as long as necessary, after timely written notice has been made to the requester and SIGAR has discussed with the requester how the requester could effectively limit the scope of the request via written mail, electronic mail, or telephone, or made three good-faith attempts to do so.

(ii)Notwithstanding § 9301.8(f)(3), if a court determines that exceptional circumstances exist, SIGAR's failure to comply with a time limit shall be excused for the length of time provided by the court order. [FR Doc. 2016-30775 Filed 1-3-17; 8:45 am]

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