Unknown. Final rule; technical amendments

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-05-18.xml --- 82 95 Thursday, May 18, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22828-22833 2017-10065 2017-10066 Common Formats for Reporting: Health Care Quality and Patient Safety, 22830-22831 2017-10068 Requests for Supplemental Evidence and Data Submissions: Noninvasive, Nonpharmacological Treatment for Chronic Pain, 22826-22828 2017-10067 Agriculture Agriculture Department See Animal and Plant Health Inspection Service NOTICES Requests for Information:

Improving Customer Service, 22802 2017-10063 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Firearms Manufacturing and Exportation Report, 22847 2017-10038 Relief of Disabilities and Application for Restoration of Explosives Privileges, 22847-22848 2017-10037 Animal Animal and Plant Health Inspection Service NOTICES Meetings: Importation, Interstate Movement, and Environmental Release of Certain Genetically Engineered Organisms, 22802-22803 2017-10062 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22833-22835 2017-10090 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22835-22836 2017-10085 Civil Rights Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee, 22803 2017-10028 Maine Advisory Committee, 22804-22805 2017-10029 Ohio Advisory Committee, 22803-22804 2017-10026 2017-10027 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Office Copyright Office, Library of Congress PROPOSED RULES Modernizing Copyright Recordation, 22771-22780 2017-09810 Defense Department Defense Department See Engineers Corps Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility;

Petitions, 22805 2017-10024 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for the Centers for International Business Education Program, 22823-22824 2017-10070 Application for the Language Resource Centers Program, 22816-22817 2017-10059 Consolidated Annual Report for the Carl D. Perkins Career and Technical Act of 2006, 22816 2017-10009 Applications for New Awards: Jacob K. Javits Gifted and Talented Students Education Program, 22817-22823 2017-10086 Employee Benefits Employee Benefits Security Administration NOTICES Meetings:

Advisory Council on Employee Welfare and Pension Benefit Plans, 22851 2017-10011 Energy Department Energy Department See Western Area Power Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22824 2017-10045 e810 Electronic Database; Availability, 22824-22825 2017-10049 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Middle Rio Grande Flood Protection Bernalillo to Belen, New Mexico; Mountain View, Isleta and Belen Units, 22814-22815 2017-10075 Meetings:

Lake Eufaula Advisory Committee, 22814 2017-10052 Farm Credit Farm Credit Administration PROPOSED RULES Statement on Regulatory Burden, 22762 2017-10053 Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 22736-22741 2017-09907 2017-09908 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. (Type Certificate Previously Held by Canadair Limited) Airplanes, 22766-22771 2017-10030 The Boeing Company Airplanes, 22763-22766 2017-10031 Federal Communications Federal Communications Commission RULES Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities, 22742-22761 2017-09885 PROPOSED RULES Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities, 22780-22797 2017-09886 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 22826 2017-10196 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Company, 22826 2017-10069 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: National Bison Range, Moiese, MT, Comprehensive Conservation Plan, 22843-22844 2017-10110 Pablo, Lost Trail, and Ninepipe National Wildlife Refuges, and the Northwest Montana Wetland Management Districts, MT; Comprehensive Conservation Plan, 22844-22846 2017-10111 Food and Drug Food and Drug Administration RULES Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products;

Amendments to Regulations Regarding ‘Intended Uses’; Further Delayed Effective Date, 22741-22742 2017-10036 Government Ethics Government Ethics Office RULES Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations, 22735-22736 2017-10012 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assessing Client Factors Associated with Detectable HIV Viral Loads and Models of Care and the Ryan White HIV/AIDS Program, 22838-22839 2017-10060 Ryan White HIV/AIDS Program Part F Dental Services Report, 22837-22838 2017-10061 Scientific Registry of Transplant Recipients Information Collection Effort for Potential Donors for Living Organ Donation, 22836-22837 2017-10040 Homeland Homeland Security Department See U.S. Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Service Area Designation, 22846 2017-10007 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China, 22809-22810 2017-10079 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China;

Determination of Sales at Less Than Fair Value, 22807-22809 2017-10078 Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan, 22805-22807 2017-10058 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Carbon and Certain Alloy Steel Wire Rod from Belarus, Italy, Korea, Russia, South Africa, Spain, Turkey, Ukraine, United Arab Emirates, and the United Kingdom, 22846-22847 2017-10010 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22849-22850 2017-10043 Proposed Consent Decrees under the Clean Air Act, 22850-22851 2017-10014 Proposed Consent Decrees under the Clean Water, Clean Air, and Resource Conservation And Recovery Acts, 22850 2017-10039 Proposed Settlement Agreements: Franklin Smelting/Slag Site, Safety Light Corp. Site, Cleancare Corp. Site, and Portland Harbor Site, 22848-22849 2017-10013 Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification of Funeral Expenses, 22851-22852 2017-10025 Library Library of Congress See Copyright Office, Library of Congress National Credit National Credit Union Administration NOTICES Grant Program Access for Credit Unions, 22852-22854 2017-10087 Loan Program Access for Credit Unions, 22854-22857 2017-10088 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance:

Volkswagen Group of America, Inc., 22869-22870 2017-10091 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 22840-22841 2017-10019 2017-10020 National Cancer Institute, 22839 2017-10021 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Summer Flounder Fishery; Quota Transfer, 22761 2017-10005 PROPOSED RULES Subsistence Taking of Northern Fur Seals on the Pribilof Islands:

Summary of Fur Seal Harvests for 2014-2016 and Proposed Annual Subsistence Harvest Needs for 2017-2019, 22797-22801 2017-10089 NOTICES Deepwater Horizon Oil Spill Texas Trustee Implementation Group Draft 2017 Restoration Plan and Environmental Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; and Oysters, 22811-22812 2017-10008 Meetings: Gulf of Mexico Fishery Management Council, 22812-22813 2017-10041 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22857-22858 2017-10042 Meetings: Advisory Committee for Mathematical and Physical Sciences, 22858 2017-10054 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Solicitation of Non-Power Reactor Operator Licensing Examination Data, 22865-22866 2017-10018 Environmental Impact Statements; Availability, etc.: Construction Permit Application for the Northwest Medical Isotopes, LLC, Medical Radioisotope Production Facility, 22858-22859 2017-10072 Exemptions:

Dominion Nuclear Connecticut, Inc., Millstone Power Station, Unit No. 3; Use of AXIOM Fuel Rod Cladding Material, 22862-22865 2017-10073 Pacific Gas and Electric Co., Humboldt Bay Power Plant, Unit 3, 22859-22862 2017-10071 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Peace Officers Memorial Day and Police Week (Proc. 9611), 22873-22876 2017-10313 ADMINISTRATIVE ORDERS Iraq; Continuation of National Emergency (Notice of May 16, 2017), 22877 2017-10317 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Investors Exchange LLC, 22866-22868 2017-10016 New York Stock Exchange LLC, 22866 2017-10017 Social Social Security Administration RULES Implementation of the National Instant Criminal Background Check System Improvement Amendments Act of 2007, 22741 2017-10084 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Divine Encounter: Rembrandt's Abraham and the Angels, 22868 2017-10023 Twists and Turns: the Story of Sokol, 22868-22869 2017-10022 Meetings:

Advisory Committee on International Law, 22868 2017-10074 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Mental Health Services, 22841 2017-10015 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: American Cargo Assurance, LLC, 22842 2017-10051 Intertek USA, Inc., 22842 2017-10047 Robinson International

(USA)Inc., 22843 2017-10048 Tariff Rate Quotas: Calendar Year 2017; Tuna, 22842-22843 2017-10056 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Veterans Mobility Safety Act, 22870-22872 2017-10080 Western Western Area Power Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22825-22826 2017-10046 Separate Parts In This Issue Part II Presidential Documents, 22873-22877 2017-10313 2017-10317 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 95 Thursday, May 18, 2017 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2635 RINs 3209-AA00 and 3209-AA04 Technical Updating Amendments to Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations AGENCY: Office of Government Ethics. ACTION: Final rule; technical amendments. SUMMARY: The U.S. Office of Government Ethics

(OGE)is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thresholds for gifts and travel reimbursements. OGE is also raising the widely attended gatherings nonsponsor gifts exception dollar ceiling tied to this threshold under the executive branchwide standards of ethical conduct regulation, but this change is not retroactive. DATES: *Effective date:* This final rule is effective May 18, 2017. *Applicability date:* The amendments to 5 CFR 2634.304 and 2634.907 are applicable as of January 1, 2017. FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Assistant Counsel, General Counsel and Legal Policy Division, Office of Government Ethics, Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: I. Background The U.S. Office of Government Ethics

(OGE)is amending pertinent sections of its executive branchwide ethics regulations on financial disclosure and standards of ethical conduct, as codified at 5 CFR parts 2634 and 2635, in order to update certain reporting and other thresholds. Increased Gifts and Travel Reimbursements Reporting Thresholds First, OGE is revising its executive branch financial disclosure regulation at 5 CFR part 2634 applicable as of January 1, 2017, to reflect the increased reporting thresholds for gifts, reimbursements and travel expenses for both the public and confidential executive branch financial disclosure systems. These increases conform to the statutorily mandated public disclosure reporting thresholds under section 102(a)(2)(A) &

(B)of the Ethics in Government Act as amended, 5 U.S.C. app. section 102(a)(2)(A) and (B), (Ethics Act) and are extended to confidential disclosure reporting by OGE's regulation. Under the Ethics Act, the gifts and reimbursements reporting thresholds are tied to the dollar amount for the “minimal value” threshold for foreign gifts as the General Services Administration

(GSA)periodically redefines it. In a January 12, 2017, Federal Management Regulation Bulletin, GSA raised the “minimal value” under the Foreign Gifts and Decorations Act, 5 U.S.C. 7342, to $390 for the three-year period 2017-2019 (from the prior level of $375). See Gen. Servs. Admin., FMR B-41, Foreign Gift and Decoration Minimal Value

(2017)(revising retroactively to January 1, 2017, the foreign gifts minimal value definition as codified at 41 CFR 102-42.10). Accordingly, applicable as of that same date, OGE is increasing the thresholds for reporting of gifts and travel reimbursements from any one source in 5 CFR 2634.304 and 2634.907(g) (and as illustrated in the examples following those sections, including appropriate adjustments to gift values therein) of its executive branch financial disclosure regulation to “more than $390” for the aggregation threshold for reporting and “$156 or less” for the de minimis exception for gifts and reimbursements that do not have to be counted towards the aggregate threshold. As noted, these regulatory increases implement the underlying statutory increases effective January 1, 2017. OGE will continue to adjust the gifts and travel reimbursements reporting threshold in its part 2634 regulation in the future as needed in light of GSA's redefinition of “minimal value” every three years for foreign gifts purposes. See OGE's prior three-year adjustment of those regulatory reporting thresholds, as published at 79 FR 28605-28606 (May 19, 2014) (for 2014-2016, the aggregate reporting level was more than $375, with a $150 or less de minimis exception). Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free Attendance at Widely Attended Gatherings In addition, OGE is increasing, from $375 to $390, the exception ceiling for nonsponsor gifts of free attendance at widely attended gatherings under the executive branch standards of ethical conduct regulation, as codified at 5 CFR 2635.204(g)(3) (and as illustrated in the examples following paragraph (g)). This separate regulatory change is effective upon publication in the **Federal Register** , on May 18, 2017. As OGE noted in the preambles to the proposed and final rules on such nonsponsor gifts, that ceiling is tied to the financial disclosure gifts reporting threshold. See 60 FR 31415-31418 (June 15, 1995) and 61 FR 42965-42970 (August 20, 1996). The nonsponsor gift ceiling was last raised in the May 2014 OGE rulemaking noted in the preceding paragraph. Thus, OGE is again increasing the nonsponsor gift ceiling to match the further increase in the gifts/travel reimbursements reporting thresholds. The other requirements for acceptance of such nonsponsor gifts, including an agency interest determination and expected attendance by more than 100 persons, remain unchanged. II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), as Director of the Office of Government Ethics, 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 concern matters of agency organization, procedure and practice. It is also in the public interest that the accurate and up-to-date information be contained in the affected sections of OGE's regulations as soon as possible. The increase in the reporting thresholds for gifts and reimbursements is based on a statutory formula and lessens the reporting burden. Therefore, that regulatory revision is retroactively applicable as of January 1, 2017, when the change became effective under the Ethics Act. 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 final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees. 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 final 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. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, House of Representatives and Government Accountability Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the **Federal Register** . 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 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Government employees, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2635 Conflict of interests, Executive branch standards of ethical conduct, Government employees. Approved: May 12, 2017. Walter M. Shaub, Jr., Director, U.S. Office of Government Ethics. For the reasons set forth in the preamble, the U.S. Office of Government Ethics is amending 5 CFR parts 2634 and 2635 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996) and Sec. 701, Pub. L. 114-74 (Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. § 2634.304 [Amended] 2. Amend § 2634.304 as follows: a. Remove the dollar amount “$375” in paragraphs

(a)and

(b)and in examples 1, 3, and 4 following paragraph

(d)and add in its place in each instance the dollar amount “$390”; b. Remove the dollar amount “$150” in paragraph

(d)and in examples 1 and 2 following paragraph

(d)and add in its place in each instance the dollar amount “$156”; and c. Remove the dollar amount “$190” in example 3 following paragraph

(d)and add in its place the dollar amount “$200”. § 2634.907 [Amended] 3. Amend § 2634.907 as follows: a. Remove the dollar amount of “$375” in paragraphs (g)(1) and

(2)and in the example to paragraph

(g)and add in its place in each instance the dollar amount “$390”; and b. Remove the dollar amount “$150” in paragraph (g)(3) and in the example to paragraph

(g)and add in its place in each instance the dollar amount “$156”. PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 4. The authority citation for part 2635 continues to read as follows: Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. § 2635.204 [Amended] 5. Amend § 2635.204 by removing the dollar amount “$375” in paragraph (g)(3)(iv) and in examples 1 and 4 following paragraph (g)(6) and add in its place in each instance the dollar amount “$390”. [FR Doc. 2017-10012 Filed 5-17-17; 8:45 am]

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