Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-04-10.xml --- 82 67 Monday, April 10, 2017 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17178 2017-07144 Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 17178-17179 2017-07024 Animal Animal and Plant Health Inspection Service NOTICES Environmental Impact Statements;

Availability, etc.: Southern Gardens Citrus Nursery, LLC; Permit for Release of Genetically Engineered Citrus tristeza virus, 17179-17180 2017-07106 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Halon Alternatives Research Corporation, Inc., 17281 2017-07092 UHD Alliance, Inc., 17280-17281 2017-07094 Proposed Final Judgments and Competitive Impact Statements: United States v. Smiths Group plc, et al., 17281-17295 2017-07099 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Council for the Elimination of Tuberculosis, 17265-17266 2017-07284 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 17185-17186 2017-07053 2017-07122 Maryland Advisory Committee, 17186 2017-07059 Coast Guard Coast Guard RULES Drawbridge Operations: Upper Mississippi River, Rock Island, IL, 17124 2017-07115 Safety Zones: Columbia River, Sand Island, WA, 17124 C1--2017--04196 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Department Defense Department See Navy Department Drug Drug Enforcement Administration RULES Schedules of Controlled Substances:

Temporary Placement of Six Synthetic Cannabinoids into Schedule I, 17119-17124 2017-07118 Education Department Education Department NOTICES Privacy Act; Systems of Records, 17226-17227 2017-07170 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17227 2017-07107 Energy Conservation Programs: Decision and Order Granting a Waiver to Miele Incorporated from the Department of Energy Residential Dishwasher Test Procedure, 17227-17229 2017-07109 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Programs:

Approval Waiver to Samsung Electronics America, Inc. from the Department of Energy Residential Clothes Washer Test Procedure, 17229-17231 2017-07108 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Georgia; Inspection and Maintenance Program Updates, 17128-17131 2017-07032 Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS, 17131-17133 2017-07028 Maine, New Hampshire, Rhode Island and Vermont;

Interstate Transport of Fine Particle and Ozone Air Pollution, 17124-17127 2017-06880 Michigan; Transportation Conformity Procedures, 17134-17136 2017-07029 North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment, 17144-17146 2017-07035 Washington; General Regulations for Air Pollution Sources, Southwest Clean Air Agency Jurisdiction, 17136-17144 2017-07022 National Oil and Hazardous Substances Pollution Contingency Plans: National Priorities List, 17151 2017-07123 Pesticide Tolerances:

Acetamiprid; Emergency Exemption, 17146-17151 2017-07131 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; Decommissioning of Stage II Vapor Recovery Systems, 17161-17166 2017-07147 Georgia; Inspection and Maintenance Program Updates, 17175 2017-07033 Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS, 17174-17175 2017-07027 Michigan; Transportation Conformity Procedures, 17166 2017-07030 New Jersey, 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment and PM2.5/Regional Haze Areas, 17166-17174 2017-07137 North Carolina;

Motor Vehicle Emissions Control Program; Correcting Amendment, 17174 2017-07034 Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 17175-17177 2017-07128 NOTICES Adequacy Determinations: Missouri; St. Louis Area 2008 8-Hour Ozone Redesignation Request and Maintenance State Implementation Plan, etc., 17245 2017-07026 Cross-Media Electronic Reporting: Authorized Program Revision Approval, Alaska, 17243-17244 2017-07142 Authorized Program Revision Approval, Montana, 17243 2017-07139 Authorized Program Revision Approval, South Carolina, 17252-17253 2017-07140 Authorized Program Revision Approval, State of Iowa, 17257 2017-07141 Authorized Program Revision Approval, Virginia, 17255-17256 2017-07145 Emergency Exemptions;

Applications: Dinotefuran, 17251-17252 2017-07135 Meetings: Board of Scientific Counselors Executive Committee, 17245-17246 2017-07150 Science Advisory Board Economy-Wide Modeling Panel, 17257-17258 2017-07132 National Pollutant Discharge Elimination System General Permits: Discharges from Potable Water Treatment Facilities in Massachusetts and New Hampshire, 17244-17245 2017-07149 Pesticide Product Registrations: Product Cancellation Order for Certain Pesticide Registrations, 17253-17255 2017-07133 Receipt of Applications for New Uses, 17256-17257 2017-07146 Requests to Voluntarily Cancel Pesticide Registrations, 17246-17251, 17258-17260 2017-07136 2017-07138 Pesticide Product Registrations:

Applications for New Active Ingredients, 17240-17241 2017-07126 Biopesticides, 17241-17242 2017-07129 Federal Aviation Federal Aviation Administration RULES 2017 Revisions to the Civil Penalty Inflation Adjustment Tables, 17097-17101 2017-06766 Airworthiness Directives: Airbus Airplanes, 17107-17112 2017-05366 Bell Helicopter Textron Canada Helicopters, 17103-17106 2017-06710 Gulfstream Aerospace Corporation Airplanes, 17112-17114 2017-06704 Final Special Conditions: Embraer S.A.

Model ERJ 190-300 Airplane; Flight Envelope Protection, General Limiting Requirements, 17101-17103 2017-07060 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 17117-17119 2017-06771 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 17114-17117 2017-06752 2017-06753 PROPOSED RULES Airworthiness Directives: Agusta S.p.A., 17156-17158 2017-06961 The Boeing Company Airplanes, 17154-17156 2017-06800 Class E Airspace;

Amendments: Leesville and Patterson, LA, 17160-17161 2017-07007 Mineral Point, WI, 17158-17160 2017-06893 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17235-17237 2017-07084 Combined Filings, 17231-17234, 17237-17239 2017-07038 2017-07039 2017-07080 Complaints: Joint California Complainants v. Pacific Gas and Electric Co., 17234-17235 2017-07078 Filings: Oncor Electric Delivery Company LLC, 17235, 17239 2017-07085 2017-07086 Institution of Section 206 Proceedings:

Arizona Public Service Co., 17238 2017-07083 Handsome Lake Energy, LLC, 17235 2017-07082 NRG Power Marketing LLC, 17237 2017-07081 Partial Transfer of Licenses; Applications: Somersworth Hydro Company, Inc., City of Somersworth; Green Mountain Power Corp., 17240 2017-07087 Preliminary Permits; Applications: Merchant Hydro Developers, LLC, 17234, 17238 2017-07088 2017-07089 Records Governing Off-the-Record Communications, 17239-17240 2017-07079 Federal Railroad Federal Railroad Administration NOTICES Applications:

Railroad Signal Systems; Discontinuances or Modifications, 17324-17328 2017-07012 2017-07017 2017-07018 2017-07019 Petitions for Waivers of Compliance: Age of Steam Roundhouse, 17326 2017-07014 Capital Metropolitan Transportation Authority, 17327-17328 2017-07015 Gettysburg and Northern Railroad Company, 17325-17326 2017-07013 Union Pacific Railroad, 17328-17329 2017-07016 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 17260 2017-07111 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 17260 2017-07110 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements:

American Guild of Organists; Analysis to Aid Public Comment, 17263-17265 2017-07070 China National Chemical Corp., ADAMA Agricultural Solutions Ltd., and Makhteshim Agan of North America, Inc.; Analysis to Aid Public Comment, 17260-17263 2017-07069 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Deposit Sign-Up Form, 17330 2017-07097 Legacy Treasury Direct Forms, 17330 2017-07095 Resolution for Transactions Involving Treasury Securities, 17329 2017-07096 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Permit Applications, 17274-17277 2017-07073 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program Employment and Training Program Activity Report, 17180-17182 2017-07113 Child Nutrition Programs: Income Eligibility Guidelines, 17182-17185 2017-07043 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 17331-17332 2017-07040 2017-07041 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganizations under Alternative Site Framework:

Foreign-Trade Zone 74, Baltimore, MD, 17186-17187 2017-07103 Government Accountability Government Accountability Office NOTICES Financial Management and Assurance: Government Auditing Standards, 17265 2017-07117 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17266-17267 2017-07143 Meetings: National Advisory Committee on Children and Disasters, 17267-17268 2017-07052 National Preparedness and Response Science Board and the National Advisory Committee on Children and Disasters, 17266 2017-07051 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Facility Anti-Terrorism Standards, 17270-17273 2017-07191 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Tribal-State Class III Gaming Compact Taking Effect in the State of California, 17277 2017-07190 Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Sam Rafic Ghanem, 17187-17188 2017-06813 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Initiations of Administrative Reviews, 17188-17209 2017-07104 Seamless Refined Copper Pipe and Tube from the People's Republic of China, 17188 2017-07105 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: 1,1,1,2-Tetrafluoroethane (R-134a) from China, 17280 2017-07120 Pure Magnesium from China, 17280 2017-07119 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Census of Tribal Law Enforcement Agencies, 17295-17296 2017-07077 Land Land Management Bureau NOTICES Applications: Recordable Disclaimer of Interest in Lands, Kootenai County, ID, 17278-17279 2017-07021 Meetings: Albuquerque District Resource Advisory Council, 17277-17278 2017-07112 National Institute National Institute of Standards and Technology NOTICES Requirements and Registrations for Prize Competitions: Reusable Abstractions of Manufacturing Processes Challenge, 17209 2017-07037 National Institute National Institutes of Health NOTICES Charter Renewals:

Center for Scientific Review Advisory Council, 17269 2017-07054 Government-Owned Inventions; Availability for Licensing, 17268-17269 2017-07057 2017-07058 Meetings: National Heart, Lung, and Blood Institute, 17269 2017-07056 National Institute of Environmental Health Sciences, 17270 2017-07055 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 17225 2017-07066 Meetings: Fisheries of the South Atlantic;

South Atlantic Fishery Management Council, 17224-17225 2017-07124 Takes of Marine Mammals: Incidental to the Gustavus Ferry Terminal Improvements Project, 17209-17224 2017-07031 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17296 2017-07093 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 17225-17226 2017-07075 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Applications:

Waste Control Specialists LLC; Consolidated Interim Storage Facility; Correction, 17297 2017-07050 Meetings; Sunshine Act, 17297 2017-07291 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Guidance on Training and Qualifications for the Integrity Management Program, 17152-17153 2017-06805 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Honoring the Memory of John Glenn (Proc. 9588), 17377 2017-07332 ADMINISTRATIVE ORDERS Defense and National Security:

National Defense Authorization Act for Fiscal Year 2017; Delegation of Authority (Memorandum of March 19, 2017), 17373-17375 2017-07331 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17298-17300 2017-07067 2017-07068 Securities Securities and Exchange Commission NOTICES Orders: Granting a Temporary Exemption to Covered Clearing Agencies, 17300-17302 2017-07101 Self-Regulatory Organizations;

Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 17336-17371 2017-07046 New York Stock Exchange LLC, 17306-17311 2017-07048 NYSE MKT LLC, 17302-17306 2017-07049 Options Clearing Corporation, 17311-17314 2017-07047 The NASDAQ Stock Market LLC, 17314-17324 2017-07045 Small Business Small Business Administration NOTICES Major Disaster Declarations: California, 17324 2017-07114 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 17279-17280 2017-07061 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office NOTICES Interest Rate Paid on Cash Deposited To Secure U.S. Immigration and Customs Enforcement Immigration Bonds, 17332 2017-07071 U.S. Citizenship U.S.

Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Family Unity Benefits, 17273-17274 2017-07062 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation, 17332-17333 2017-07102 Advisory Committee on Women Veterans, 17333 2017-07063 Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 17333-17334 2017-07125 Separate Parts In This Issue Part II Securities and Exchange Commission, 17336-17371 2017-07046 Part III Presidential Documents, 17373-17375, 17377 2017-07332 2017-07331 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 67 Monday, April 10, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 13 and 406 [Docket No. FAA-2016-7004; Amdt. Nos. 13-39, 406-11] RIN 2120-AK90 2017 Revisions to the Civil Penalty Inflation Adjustment Tables AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This final rule provides the 2017 inflation adjustment to civil penalty amounts that may be imposed for violations of Federal Aviation Administration

(FAA)regulations and the Hazardous Materials Regulations, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. It also finalizes the catch-up inflation adjustment interim final rule required by the same Act. DATES: Effective April 10, 2017. FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Attorney, Office of the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone

(202)267-3452; email *cole.milliard@faa.gov.* SUPPLEMENTARY INFORMATION: Authority for This Rulemaking and Applicable Statutes The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. The Secretary of Transportation's authority to regulate the transportation of hazardous materials (“hazmat”) by air is in chapter 51 of title 49; civil penalty authority is in section 5123. The Secretary's authority to regulate commercial space transportation may be found at 51 U.S.C. subtitle V, sections 50901-50923 (chapter 509), which provides for the Department of Transportation (DOT), and, through delegation, the FAA to impose civil penalties on persons who violate chapter 509, a regulation issued under chapter 509, or any term or condition of a license or permit issued or transferred under chapter 509. 51 U.S.C. 50906(h)-(i), 50917. This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the Debt Collection Improvement Act

(DCIA)of 1996, Public Law 104-134, and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114-74, codified at 28 U.S.C. 2461 note. The FCPIAA, DCIA, and the 2015 Act require federal agencies to adjust minimum and maximum civil penalty amounts for inflation to preserve their deterrent impact. The 2015 Act amended the formula and frequency of inflation adjustments. It required an initial catch-up adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula. Background On July 5, 2016, the FAA issued an interim final rule entitled, “Revisions to the Civil Penalty Inflation Adjustment Tables” (the IFR) to implement the requirement for an initial catch-up adjustment. 1 This final rule

(1)finalizes the catch-up adjustment interim final rule; and

(2)provides the required annual adjustment of civil penalty maximums and minimums in accordance with the FCPIAA, as amended. 2 1 81 FR 43463. A correction and technical amendments were made in 81 FR 51079 (Aug. 3, 2016). 2 28 U.S.C. 2461 note. Overview of Final Rule The FCPIAA, as amended, provides a formula for annual inflationary adjustments that increase civil penalty maximums and minimums by a cost-of-living adjustment (COLA). Under the FCPIAA, as amended by the 2015 Act, the COLA for each civil penalty is the percent change between the U.S. Department of Labor's Consumer Price Index for all-urban consumers (CPI-U) for the month of October of the calendar year preceding the adjustment and the CPI-U for the month of October of the previous calendar year. Any resulting increase must be rounded to the nearest $1. As required by the FCPIAA, this final rule provides the 2017 annual adjustments to the civil penalty maximums and minimums provided in 14 Code of Federal Regulations (14 CFR) 13.301 and 406.9. Method of Calculation of Adjustments to Civil Penalty Amounts Provided in 14 CFR 13.301 and 406.9 The 2015 Act directed the Office of Management and Budget

(OMB)to issue guidance on implementing the 2017 annual inflation adjustment required by the 2015 Act no later than December 15, 2016. 3 On December 16, 2016, the OMB released this required guidance, which provides instructions on how to calculate the 2017 annual adjustment. 4 3 28 U.S.C. 2461 note. 4 OMB Memorandum M-17-11. To derive the 2017 adjustment, the FAA must multiply the maximum or minimum penalty amount by the percent change between the October 2016 CPI-U and the October 2015 CPI-U. In this case, October 2016 CPI-U (241.729)/October 2015 CPI-U (237.838) = Multiplier (1.01636). 5 Accordingly, the agency multiplied the civil penalty maximums and minimums provided in current 14 CFR 13.301 and 406.9 by 1.01636 to derive the updated maximums and minimums provided in this final rule. 5 28 U.S.C. 2461 note; OMB Memorandum M-17-11. As examples, the agency has provided the calculations for the adjustments for the civil penalties authorized by 49 U.S.C. 5123(a)(1) (hazmat) and 51 U.S.C. 50917 (commercial space): Adjusted penalty for 2016 6 * Multiplier = Adjusted penalty for 2017 6 The adjusted penalty for 2016 includes the catch-up adjustment also mandated by the 2015 Act, and reflected in current 14 CFR 13.301 and 406.9 as amended by the IFR. 81 FR 43463 (July 5, 2016) and 81 FR 51079 (August 3, 2016). *Sec. 5123(a)(1):* $77,114 * 1.01636 = $78,376 *Sec. 50917:* $225,867 * 1.01636 = $229,562 Option to Forgo Annual Civil Penalty Adjustment The agency notes that the 2015 Act provides the Administrator with the option to forgo adjustment only in a single circumstance, which is not present at this time. If, within the twelve months preceding January 15, 2017, an FAA civil penalty subject to this inflation adjustment were increased more than it would be by this inflation adjustment, the Administrator could choose to not make the adjustment. None of the civil penalties subject to the 2017 adjustment increased at all during the relevant time period. Accordingly, the Administrator cannot forego adjustment of any penalty. Administrative Procedure Act Section 553 of the Administrative Procedure Act requires agencies to provide an opportunity for notice and comment on rulemaking and also requires agencies to delay a rule's effective date for 30 days following the date of publication in the **Federal Register** unless an agency finds good cause to forgo these requirements. However, section 4(b)(2) of the 2015 Act requires agencies to adjust civil monetary penalties notwithstanding section 553 of the Administrative Procedure Act

(APA)and publish annual inflation adjustments in the **Federal Register** . “This means that the public procedure the APA generally requires . . . is not required for agencies to issue regulations implementing the annual adjustment.” OMB Memorandum M-17-11. Even if the 2015 Act did not except this rulemaking from section 553 of the APA, the agency has good cause to dispense with notice and comment. Section 553(b)(B), authorizes agencies to dispense with notice and comment procedures for rulemaking if the agency finds good cause that notice and comment are impracticable, unnecessary, or contrary to public interest. The annual adjustments to civil penalties for inflation and the method of calculating those adjustments are established by section 5 of the FCPIAA, as amended, leaving no discretion for the Administrator. Accordingly, public comment would be impracticable because the Administrator would be unable to consider such comments in the rulemaking process. Regulatory Evaluation Changes to Federal regulations must undergo several economic analyses. First, Executive Order (E.O.) 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Public Law 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Public Law 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows. This rule adjusts for inflation to civil penalties for violations of aviation safety, hazmat, and commercial space provisions in accord with the Federal Civil Penalties Inflation Adjustment Act Improvement Act (the 2015 Act), Pub. L. 114-74, Section 701 (November 2, 2015). The Director of OMB provided guidance to agencies in a December 16, 2016 memorandum on how to calculate the 2017 annual adjustment required by the 2015 Act. The FAA must follow the direction of Congress and is using statutorily-mandated guidance provided by OMB in calculating the annual inflation adjustment. Applying Congress's directions and OMB's guidance, the FAA has determined that this rule imposes no additional social cost. Civil penalties are, like taxes, an economic transfer. OMB guidance A-4 states that transfers are monetary payments from one group to another and thus not a social cost. OMB further dictates that transfers should not be included in estimates of the benefits and costs due to regulation. As transfers do not add social cost, this is a minimal cost rule. OMB also directs that distributional impacts of transfers should be considered. The term “distributional effect” refers to the impact of a regulatory action across the population and economy, divided up in various ways ( *e.g.* income groups, race, sex, industrial sector, geography). Distributional effects may arise through transfer payments like civil penalties that stem from regulatory enforcement action. While persons paying civil penalties may experience distributional effects, these discrete effects are far outweighed by the positive effects of civil penalties. Compliance with FAA statutes and regulations is essential to safety. The FAA intends for civil penalties to serve as a punitive action against those who violate FAA statutes and regulations. Civil penalties also deter future violations. As a result, they support the FAA's mission of aviation, hazmat, and commercial space safety, which benefits the public at large. Thus, the cost impact of this rulemaking is minimal, and a full regulatory evaluation is not required in accordance with DOT Order 2100.5. The Office of Information and Regulatory Affairs

(OIRA)Administrator has determined that agency regulations exclusively implementing this annual adjustment are not significant regulatory actions under E.O. 12866, provided they are consistent with the guidance in OMB Memorandum M-17-11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The agency has determined that this regulation is consistent with OMB Memorandum M-17-11 because it serves only to provide the 2017 annual civil penalty adjustment using the formula established by the 2015 Act. Thus, per OMB Memorandum M-17-11, the regulation is not significant. The FAA has further determined that this final rule is not “significant” as defined in DOT's Regulatory Policies and Procedures. The FAA made this determination because this final rule does not

(a)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency,

(b)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(c)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Public Law 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.” To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. The FAA believes that this final rule does not have a significant economic impact on a substantial number of small entities for the following reasons. While this final rule is likely to impact a substantial number of small entities, it will impose only minimal costs. This final rule simply identifies the amount of the inflation adjustment to existing civil monetary penalty maximums and minimums for violations of the statutory and regulatory provisions the FAA enforces. The penalty amounts are those specified by statute or called for under the inflation adjustment statutes, and the information in this rule is required by the Debt Collection Improvement Act of 1996. 7 As civil penalties are economic transfers, by OMB direction, these are not included in the calculation of social costs. Therefore, as provided in section 605(b), the head of the FAA certifies that this rule will not result in a significant economic impact on a substantial number of small entities. 7 The 2015 Act, Public Law 114-74, codified at 28 U.S.C. 2461 note, specifies the method of calculating the inflation adjustment, and OMB Memorandum M-17-11 provides the guidance required by the 2015 Act for agencies in calculating the 2017 annual inflation adjustment. Moreover, although the FAA has completed the analysis to support the certification provided by section 605(b), the RFA does not apply to this rulemaking because notice and comment rulemaking under section 553 of the APA is not required. 8 Section 4(b)(2) of the 2015 Act specifically excludes this rulemaking implementing each adjustment following the initial catch-up adjustment from section 553 of the APA. 8 5 U.S.C. 604(a). International Trade Impact Assessment The Trade Agreements Act of 1979 (Public Law 96-39), as amended by the Uruguay Round Agreements Act (Public Law 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and determined that it would impose identical inflation adjusted civil penalties on domestic and international entities that violate aviation safety, hazmat, and commercial space provisions in Titles 49 and 51 of the U.S. Code and regulations issued under those provisions, and thus would have a neutral trade impact. Furthermore, the inflation adjustment is a legitimate domestic objective preserving the existing deterrent impact of aviation, hazmat, and commercial space safety statutes and regulations. Therefore, we have determined that this rule will result in a neutral impact on international trade. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there are no current or new requirements for information collection associated with this rule. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization

(ICAO)Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations. Environmental Analysis FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.6.f, which covers regulations not expected to cause any potentially significant environmental impacts. The FAA has also determined that there are no extraordinary circumstances requiring an environmental assessment or environmental impact statement. Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have federalism implications. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA has analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a “significant energy action” under the executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Availability of Rulemaking Documents You can get an electronic copy of rulemaking documents using the Internet by— 1. Searching the Federal eRulemaking Portal ( *http://www.regulations.gov* ); 2. Visiting the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies;* or 3. Accessing the Government Printing Office's Web page at *http://www.gpo.gov/fdsys.* You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the amendment number or docket number of this rulemaking. List of Subjects 14 CFR Part 13 Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties. 14 CFR Part 406 Administrative procedure and review, Commercial space transportation, Enforcement, Investigations, Penalties, Rules of adjudication. The Amendment Accordingly, the interim rule amending 14 CFR parts 13 and 406 which was published at 81 FR 43463 on July 5, 2016, is adopted as a final rule with the following changes: CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. The authority citation for part 13 is revised to read as follows: Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44703, 44709- 44710, 44713, 44725, 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 47106, 47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.83. 2. Amend § 13.301 by revising the section heading and paragraph

(c)to read as follows: § 13.301 Inflation adjustments of civil monetary penalties.

(c)Minimum and maximum civil monetary penalties within the jurisdiction of the FAA are as follows: Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After January 15, 2017 United States Code citation Civil monetary penalty description 2016 minimum penalty amount New minimum penalty amount 2016 maximum penalty amount New maximum penalty amount 49 U.S.C. 5123(a)(1) Violation of hazardous materials transportation law N/A N/A $77,114 $78,376. 49 U.S.C. 5123(a)(2) Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction N/A N/A 179,933 182,877. 49 U.S.C. 5123(a)(3) Violation of hazardous materials transportation law relating to training $463 $471 77,114 78,376. 49 U.S.C. 46301(a)(1) Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or

(B)N/A N/A 32,140 32,666. 49 U.S.C. 46301(a)(1) Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or

(B)(but not covered by 46301(a)(5)(A) or (B)) N/A N/A 1,414 1,437. 49 U.S.C. 46301(a)(1) Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or

(B)(but not covered in 49 U.S.C. 46301(a)(5)) N/A N/A 1,414 1,437. 49 U.S.C. 46301(a)(3) Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133 N/A N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section No change. 49 U.S.C. 46301(a)(5)(A) Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or

(ii)N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(i) Violation by an individual or small business concern related to the transportation of hazardous materials N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(ii) Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(iii) Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(iv) Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts N/A N/A 12,856 13,066. 49 U.S.C. 46301(b) Tampering with a smoke alarm device N/A N/A 4,126 4,194. 49 U.S.C. 46302 Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States N/A N/A 22,587 22,957. 49 U.S.C. 46318 Interference with cabin or flight crew N/A N/A 34,172 34,731. 49 U.S.C. 46319 Permanent closure of an airport without providing sufficient notice N/A N/A 12,856 13,066. 49 U.S.C. 47531 Violation of 49 U.S.C. 47528-47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels N/A N/A See 49 U.S.C. 46301(a)(1) and (a)(5), above See 49 U.S.C. 46301(a)(1) and (a)(5), above. CHAPTER III—COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW 3. The authority citation for part 406 continues to read as follows: Authority: 51 U.S.C. 50901-50923. 4. Amend § 406.9 by revising paragraph

(a)to read as follows: § 406.9 Civil penalties.

(a)*Civil penalty liability.* Under 51 U.S.C. 50917(c), a person found by the FAA to have violated a requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act, is liable to the United States for a civil penalty of not more than $229,562 for each violation. A separate violation occurs for each day the violation continues. Issued under the authority provided by 28 U.S.C. 2461 note, 49 U.S.C. 106(f) and 44701(a), and 51 U.S.C. 50901 in Washington, DC, on February 13, 2017. Michael P. Huerta, Administrator. [FR Doc. 2017-06766 Filed 4-7-17; 8:45 am]

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