Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-03-30.xml --- 82 60 Thursday, March 30, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Requests: Physiologic Predictors of Need for Trauma Center Care: Systematic Review, 15707-15709 2017-06232 Agriculture Agriculture Department See Forest Service AIRFORCE Air Force Department NOTICES Meetings: Board of Visitors of U.S. Air Force Academy, 15699-15700 2017-06305 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Draft Current Intelligence Bulletin: Occupational Exposure Banding Process; Guidance for Evaluation of Chemical Hazards, 15709 C1--2017--05115 Coast Guard Coast Guard RULES Drawbridge Operations: Barnegat Bay, Seaside Heights, NJ, 15630 2017-06266 Safety Zones: Charleston Race Week, Charleston Harbor, Charleston, SC, 15630-15632 2017-06261 San Francisco, CA, 15635-15637 2017-06287 Security Zones: USCGC MUNRO Commissioning Ceremony Elliott Bay; Seattle, WA, 15633-15634 2017-06267 PROPOSED RULES Safety Zones:

Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 15666-15671 2017-06230 Special Local Regulations: Breakers to Bridge Paddle Festival, Lake Superior; Keweenaw Waterway, MI, 15662-15664 2017-06233 Cumberland River, Mile 189.0 to 193.0; Nashville, TN, 15664-15666 2017-06278 Washburn Board Across the Bay, Lake Superior, Chequamegon Bay, WI, 15660-15662 2017-06262 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 15699 2017-06362 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Infant Bath Tubs, 15615-15627 2017-06270 Defense Department Defense Department See Air Force Department See Engineers Corps NOTICES Meetings: Defense Science Board; Federal Advisory Committee, 15700-15701 2017-06229 Engineers Engineers Corps RULES Restricted Areas: Gulf of Mexico, Apalachicola Bay, East Bay, St. Andrew Bay and St. Andrew Sound at Tyndall Air Force Base, FL, 15637-15641 2017-06296 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Idaho Portion of Logan, Utah/Idaho PM2.5 Nonattainment Area; Proposed Further Delay of Effective Date, 15683-15684 2017-06311 Vermont; Infrastructure State Implementation Plan Requirements, 15671-15683 2017-06206 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Compliance Assurance Monitoring Program, 15705-15706 2017-06314 NSPS for Graphic Arts Industry (Renewal), 15704-15705 2017-06313 CERCLA Administrative Settlement Agreements and Orders on Consent:

Quartz Hill Tailings Pile within Central City/Clear Creek Superfund Site, Central City, Gilpin County, CO, 15704 2017-06118 First External Review Draft Integrated Science Assessment for Oxides of Nitrogen, Oxides of Sulfur, and Particulate Matter—Ecological Criteria, 15702-15704 2017-06317 Meetings: Clean Air Scientific Advisory Committee; Secondary National Ambient Air Quality Standards Review Panel for Oxides of Nitrogen and Sulfur, 15701-15702 2017-06316 Federal Aviation Federal Aviation Administration RULES Instrument Flight Rules Altitudes, 15612-15615 2017-06294 Special Conditions:

General Electric Company, GE9X Engine Models; Incorporation of Composite Fan Blades, 15611-15612 2017-06277 NOTICES Exemption Petitions; Summaries, 15782-15786 2017-06260 2017-06268 2017-06269 Meetings: Aviation Rulemaking Advisory Committee, 15785 2017-06295 Waivers of Aeronautical Land-Use Assurance, 15783-15784 2017-06292 2017-06293 Federal Financial Federal Financial Institutions Examination Council NOTICES Joint Report To Congress: Economic Growth And Regulatory Paperwork Reduction Act, 15900-15979 2017-06131 Federal Maritime Federal Maritime Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 15706 2017-06263 Agreements Filed, 15706-15707 2017-06265 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Implantable Cardioverter Defibrillators, 15786-15787 2017-06271 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 15707 2017-06279 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Designation of Beneficiary, 15642 2017-06304 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Due Diligence Programs for Correspondent Accounts for Foreign Financial Institutions, 15790-15791 2017-06300 Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 15789-15790 2017-06301 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Injurious Wildlife; Importation Certification for Live Fish and Fish Eggs, 15714-15716 2017-06259 Food and Drug Food and Drug Administration RULES Requirements to Submit Prior Notice of Imported Food;

Technical Amendments, 15627-15630 2017-06201 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 15791 2017-06302 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Passenger Motor Vehicle Production, Foreign-Trade Zone 134, Chattanooga, TN, 15687 2017-06251 Subzone Applications: Premier Logistics, LLC; Foreign-Trade Zone 53; Tulsa, OK, 15687 2017-06253 Subzone Expansions; Applications: Westlake Chemical Corp.;

Foreign-Trade Zone 87; Lake Charles, LA, 15687-15688 2017-06252 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Golden Peak Improvements Project; White River National Forest; Eagle County, CO, 15685-15686 2017-06310 John Wood Forest Management Project; Caribou-Targhee National Forest, ID, 15686-15687 2017-06273 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 National Institutes of Health Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Final Fair Market Rents:

Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program Fiscal Year 2017; Revised, 15711-15714 2017-06298 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15791-15793 2017-06238 2017-06240 Meetings: Taxpayer Advocacy Panel Notices and Correspondence Project Committee, 15793 2017-06284 Taxpayer Advocacy Panel Special Projects Committee, 15791 2017-06236 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 15793 2017-06235 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 15792 2017-06239 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Aluminum Foil from People's Republic of China, 15688-15691 2017-06390 Honey from People's Republic of China, 15697-15698 2017-06286 Determinations of Sales at Less than Fair Value: Certain Aluminum Foil from People's Republic of China, 15691-15697 2017-06389 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Aluminum Extrusions from China, 15716 2017-06274 Stainless Steel Sheet and Strip from China, 15716 2017-06231 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Firearm Inquiry Statistics Program, 15716-15717 2017-06275 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 15710 2017-06248 National Institute of Child Health and Human Development, 15709-15710 2017-06249 National Institute of Environmental Health Sciences, 15710 2017-06250 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: New England Fishery Management Council, 15698-15699 2017-06280 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Non-Power Production or Utilization Facility License Renewal, 15643-15660 2017-06162 NOTICES Exemption and Combined Licenses;

Amendments Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Station, Units 3 and 4; Annex and Radwaste Building Changes, 15722-15724 2017-06308 License Application; Amendments PSEG Nuclear, LLC; Salem Nuclear Generating Station, Unit No. 2, 15719-15722 2017-06307 License Applications: NuScale Power, LLC, 15717-15718 2017-06309 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 15722 2017-06315 Meetings; Sunshine Act, 15718-15719 2017-06374 Office Special Office of the Special Counsel RULES Freedom of Information Act Requests and Appeals, 15609-15610 2017-06047 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Liability for Termination of Single-Employer Plans, 15724 2017-06283 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: It's Time to Sign Up for Direct Deposit or Direct Express, 15724-15725 2017-06306 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Harmonization with International Standards, 15796-15897 2017-04565 Presidential Documents Presidential Documents EXECUTIVE ORDERS Government Agencies and Employees:

Federal Government Contracting; Revocation of Certain Executive Orders (EO 13782), 15607 2017-06382 Securities Securities and Exchange Commission NOTICES Applications: Transamerica Advisors Life Insurance Co., et al., 15771-15774 2017-06246 Transamerica Financial Life Insurance Co., et al., 15738-15741 2017-06244 Transamerica Life Insurance Co., et al., 15735-15738, 15774-15778 2017-06245 2017-06247 Self-Regulatory Organizations; Proposed Rule Changes: Fixed Income Clearing Corp., 15749-15763 2017-06241 ICE Clear Europe, Ltd., 15733-15735 2017-06242 NASDAQ PHLX, LLC, 15778-15779 2017-06243 New York Stock Exchange, LLC, 15741-15749 2017-06258 NYSE Arca, Inc., 15763-15771 2017-06257 NYSE MKT, LLC, 15725-15733 2017-06256 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 15779-15780 2017-06303 State Department State Department NOTICES Imposition of Nonproliferation Measures Against Foreign Persons, Including Ban on U.S. Government Procurement, 15780-15781 2017-06225 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Dispute Resolution Procedures under Fixing America's Surface Transportation Act, 15781-15782 2017-06276 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Transportation Statistics Bureau Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Barrier Failure Reporting in Oil and Gas Operations on Outer Continental Shelf, 15787-15789 2017-06272 Treasury Treasury Department See Financial Crimes Enforcement Network See Foreign Assets Control Office See Internal Revenue Service RULES Qualified Financial Contracts Recordkeeping Related to Orderly Liquidation Authority, 15630 2017-06288 NOTICES List of Countries Requiring Cooperation with International Boycott, 15793 2017-06264 Separate Parts In This Issue Part II Transportation Department, Pipeline and Hazardous Materials Safety Administration, 15796-15897 2017-04565 Part III Federal Financial Institutions Examination Council, 15900-15979 2017-06131 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 60 Thursday, March 30, 2017 Rules and Regulations OFFICE OF SPECIAL COUNSEL 5 CFR Part 1820 Revision of Regulations Governing Freedom of Information Act Requests and Appeals AGENCY: U.S. Office of Special Counsel. ACTION: Final rule.

SUMMARY: The rule updates the U.S. Office of Special Counsel's (OSC's) FOIA regulations to reflect substantive and procedural changes to the FOIA. In addition, in response to comments received on a different rulemaking, this final rule clarifies that our consultation procedures may include consultation with other offices prior to OSC responding to a FOIA request, incorporates existing records retention obligations, and updates the definition of representatives of the news media.

DATES: This final rule is effective on March 30, 2017. FOR FURTHER INFORMATION CONTACT: Amy Beckett, Senior Litigation Counsel, U.S. Office of Special Counsel, by telephone at

(202)254-3600, by facsimile at

(202)254-3711, or by email at *abeckett@osc.gov* . SUPPLEMENTARY INFORMATION: Background The FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (the Act) mandated several changes to agency FOIA programs, and it required agencies to review and update relevant FOIA regulations. In addition, OSC is updating its regulations in response to comments received during a recent rulemaking. At that time, OSC made a few additional mechanical changes responsive to the comments, but stated it would consider the comments proposing broader changes pending OSC's regulatory review required by the Act. OSC has now considered the remaining comments, and has adopted some of them including a suggestion that § 1820.6 refer to the statutory 20-day appeal response window. In response to a comment that OSC include language regarding existing records retention obligations, OSC added provisions at §§ 1820.5(d) and 1820.6(d) that address the requirement to retain FOIA-related federal records. In addition, OSC updated the definition of “news media” in § 1820.7. In response to a comment regarding the consultation provision at § 1820.3, OSC clarified the circumstances under which it would consult with non-OSC offices prior to OSC issuing a FOIA response. When consulting on records responsive to an OSC-received FOIA request, OSC retains the responsibility for responding to the request. Accordingly, OSC updates its FOIA regulations as follows: *FOIA Regulations.* In accordance with the Act, OSC extends the time period for submitting appeals from 45 to 90 days; codifies OSC's existing practice of informing requesters of the availability of the Agency's Public Liaison and the dispute resolution services of the National Archives and Records Administration's

(NARA)Office of Government Information Services (OGIS); and notifies requesters of FOIA's intent to offer dispute resolution services at every stage of the FOIA process. OSC clarifies its FOIA consultation provisions relating to the need to sometimes consult with other offices when preparing its response to a FOIA request. OSC also updates its definition of “representative of the news media” to conform to current statutory language. This updated definition also responds to ongoing changes in the gathering and delivery of news. OSC adds language to 5 CFR 1820.5 to establish OSC's FOIA dispute resolution program, including requiring OSC to notify requesters of the availability of dispute resolution services and language emphasizing that dispute resolution is available to requesters at every phase of the FOIA request and appeals process. OSC also adds language regarding records retention for FOIA-related federal records. The existing language of 5 CFR 1820.6 is changed to notify requesters of their new statutory 90-day time limit to appeal. OSC also adds language regarding records retention for FOIA-related federal records. The revisions to 5 CFR 1820.7 update language requiring that a member of the news media be a “person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public,” removing the “organized and operated” standard previously included. The change also includes a non-exhaustive list of entities that meet the updated definition of “member of the news media.” Procedural Determinations *Administrative Procedure Act (APA):* OSC finds that good cause exists, pursuant to 5 U.S.C. 553(b), that notice and public comment on this rule-making would be unnecessary and contrary to the public interest because most of these revisions to OSC's FOIA regulations are mandated by the FOIA Improvement Act of 2016 and OSC is not exercising any discretion in issuing these revisions; and also because the additional changes respond to previously considered comments on a recent rulemaking. This action is taken under the Special Counsel's authority at 5 U.S.C. 1212(e) to publish regulations in the **Federal Register** . *Executive Order 12866 (Regulatory Planning and Review):* This rule is not a significant regulatory action as defined in section 3.f of Executive Order 12866. *Congressional Review Act (CRA):* The rule is not subject to the reporting requirement of 5 U.S.C. 801 because it does not substantially affect the rights or obligations of non-agency parties and therefore is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1998). *Regulatory Flexibility Act (RFA):* Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. *Unfunded Mandates Reform Act (UMRA):* This revision does not impose any federal mandates on state, local, or tribal governments, or on the private sector within the meaning of the UMRA. *National Environmental Policy Act (NEPA):* This rule will have no physical impact upon the environment and therefore will not require any further review under NEPA. *Paperwork Reduction Act (PRA):* This rule does not impose any new recordkeeping, reporting, or other information collection requirements on the public. *Executive Order 13132 (Federalism):* This revision does not have new federalism implications under Executive Order 13132. *Executive Order 12988 (Civil Justice Reform):* This rule meets applicable standards of 3(a) and 3(b)(2) of Executive Order 12988. List of Subjects in 5 CFR Part 1820 Administrative practice and procedure, Dispute resolution, Freedom of information, Government employees, Touhy regulations. For the reasons stated in the preamble, OSC amends 5 CFR part 1820 as follows: PART 1820—FREEDOM OF INFORMATION ACT REQUESTS; PRODUCTION OF RECORDS OR TESTIMONY 1. The authority citation for 5 CFR part 1820 is revised to read as follows: Authority: 5 U.S.C. 552 and 1212(e). 2. Section 1820.3 is revised to read as follows: § 1820.3 Consultations and referrals. When OSC receives a FOIA request for a record in the agency's possession, it may determine that another office is better able to decide whether or not the record is exempt from disclosure under the FOIA. If so, OSC will either:

(a)Respond to the request for the record after consulting with the other office that has a substantial interest in the record; or

(b)Refer the responsibility for responding to the request to another Federal agency deemed better able to determine whether to disclose it. Consultations and referrals will be handled according to the date that the FOIA request was initially received by the first agency or Federal government office. 3. Section 1820.5 is amended by adding paragraphs

(c)and

(d)to read as follows: § 1820.5 Responses to requests.

(c)*Dispute resolution program.* OSC shall inform FOIA requesters at all stages of the FOIA process of the availability of dispute resolution services. In particular, OSC's FOIA acknowledgement letters shall notify requesters that the FOIA Liaison is available to assist them with requests. The acknowledgment letter and any agency response will include a notice that the FOIA Public Liaison may provide dispute resolution services, and will also notify the requester of the dispute resolution services provided by the National Archives and Records Administration's

(NARA)Office of Government Information Services (OGIS).

(d)*Maintenance of files.* OSC must preserve federal record correspondence and copies of requested records until disposition is authorized pursuant to Title 44 of the United States Code and the relevant approved records retention schedule. 4. Section 1820.6 is revised to read as follows: § 1820.6 Appeals.

(a)*Appeals of adverse determinations.* A requester may appeal a determination denying a FOIA request in any respect to the Office of General Counsel, U.S. Office of Special Counsel, 1730 M Street NW., Suite 218, Washington, DC 20036-4505. The appeal must be in writing, and must be submitted either by:

(1)Regular mail sent to the address listed in this subsection, above; or

(2)By fax sent to the FOIA Officer at,

(202)254-3711, or the number provided on the FOIA page of OSC's Web site *https://osc.gov/Pages/FOIAResources.aspx;* or

(3)By email to *foiaappeal@osc.gov,* or other electronic means as described on the FOIA page of OSC's Web site, *https://osc.gov/Pages/FOIAResources.aspx.*

(b)*Submission and content.* The Office of General Counsel must receive the appeal within 90 days of the date of the letter denying the request. For the quickest possible handling, the appeal letter and envelope or any fax cover sheet or email subject line should be clearly marked “FOIA Appeal.” The appeal letter must clearly identify the OSC determination (including the assigned FOIA request number, if known) being appealed. OSC will not ordinarily act on a FOIA appeal if the request becomes a matter of FOIA litigation.

(c)*Responses to appeals.* Ordinarily, OSC shall have 20 business days from receipt of the appeal to issue an appeal decision. 5 U.S.C. 552(a)(6)(A)(ii). OSC's decision on an appeal will be in writing. A decision affirming a denial in whole or in part shall inform the requester of the provisions for judicial review of that decision. If the denial is reversed or modified on appeal, in whole or in part, OSC will notify the requester in a written decision and OSC will reprocess the request in accordance with that appeal decision. OSC will notify the requester of the availability of dispute resolution services provided by the FOIA Public Liaison and the dispute resolution services provided by the National Archives and Records Administration's

(NARA)Office of Government Information Services (OGIS).

(d)*Maintenance of files.* OSC must preserve federal record correspondence and copies of requested records until disposition is authorized pursuant to Title 44 of the United States Code and the relevant approved records retention schedule. 5. Section 1820.7(b)(6) is revised to read as follows: § 1820.7 Fees.

(b)* * *

(6)“Representative of the news media” or “news media requester” means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. A non-exhaustive list of news media entities could include, in addition to television or radio stations broadcasting to the public at large and publishers of periodicals (but only in those instances where they can qualify as disseminators of “news”), electronic outlets for print newspapers, magazines, and television and radio stations, and web-only outlets or other alternative media as methods of news delivery evolve. For “freelance” journalists to be regarded as working for a news organization, they must demonstrate a solid basis for expecting publication through that organization, whether print or electronic. A publication contract would be the clearest proof, but OSC may also look to the past publication record of a requester in making this determination. To be in this category, a requester must not be seeking the requested records for a commercial use. A request for records supporting the news-dissemination function of the requester shall not be considered to be for a commercial use. Dated: March 21, 2017. Bruce Gipe, Chief Operating Officer. [FR Doc. 2017-06047 Filed 3-29-17; 8:45 am]

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