Unknown. Direct final rule; request for comments

2,912 words·~13 min read·/register/2017/10/23/2017-22935·

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-10-23.xml --- 82 203 Monday, October 23, 2017 Contents Agricultural Marketing Agricultural Marketing Service NOTICES U.S. Grade Standards: Pork Carcasses, 48971-48975 2017-22934 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48975 2017-22925 AIRFORCE Air Force Department NOTICES Exclusive Patent Licenses;

Approvals: Ohio State Innovation Foundation, 49007 2017-22959 University of North Carolina at Charlotte, 49006 2017-22958 Meetings: Board of Visitors of the U.S. Air Force Academy, 49006-49007 2017-22956 Animal Animal and Plant Health Inspection Service PROPOSED RULES Animal Welfare: Procedures for Applying for Licenses and Renewals, 48938 2017-22940 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Evaluation of the National Tobacco Prevention and Control Public Education Campaign; Correction, 49026-49027 2017-22893 Coast Guard Coast Guard RULES Safety Zones: Light the Night Leukemia and Lymphoma Society Fireworks, Maumee River, Toledo, OH, 48931-48933 2017-22948 PROPOSED RULES Drawbridge Operations: Banana River, Indian Harbour Beach, FL, 48939-48940 2017-22937 Canaveral Barge Canal, Canaveral, FL, 48940-48942 2017-22939 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49036-49040 2017-22896 2017-22912 2017-22913 2017-22916 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maintenance of Effort for Title III and Extension of, and Minor Revisions Due to Statutory Language Changes to the Certification of Long-Term Care Ombudsman Program Expenditures, 49027 2017-22914 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reporting and Recordkeeping Requirements Associated With Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring, 49077-49078 2017-22927 Defense Department Defense Department See Air Force Department PROPOSED RULES Defense Health Agency; Subgroup to the DoD Regulatory Reform Task Force, Review of the Existing TRICARE Regulation, 48938-48939 2017-22877 DoD Regulatory Reform Task Force, Review of Existing DoD Regulations, 48939 2017-22878 NOTICES Arms Sales, 49007-49009 2017-22867 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; San Joaquin Valley; Contingency Measures for the 1997 PM <sup>2.5</sup> Standards; Correction of Deficiency, 48944-48947 2017-22870 New York; Regional Haze State and Federal Implementation Plans, 48942-48944 2017-22365 NOTICES Acid Rain Program: Annual Adjustment Factors for Excess Emissions Penalty, 49020 2017-22873 Certain New Chemicals: Receipt and Status Information for August 2017, 49016-49020 2017-22875 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 49020-49025 2017-22865 Export Import Export-Import Bank NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49025 2017-22874 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 48904-48912 2017-22563 2017-22709 2017-22710 Dassault Aviation Airplanes, 48912-48915 2017-22564 Embraer S.A. Airplanes, 48921-48924 2017-22779 Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Airplanes, 48915-48917, 48919-48921 2017-22559 2017-22560 Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes, 48917-48919 2017-22562 Establishment of Class E Airspace:

Rosebud, SD, 48924-48925 2017-22688 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cargo Theft Incident Report, 49042 2017-22933 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 49025 2017-23085 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 49009-49010, 49015 2017-22888 2017-22889 Environmental Assessments; Availability, etc.: Columbia Gas Transmission, LLC;

Buckeye Xpress Project, 49012-49015 2017-22917 PacifiCorp, 49015 2017-22920 Paiute Pipeline Co.; 2018 Expansion Project, 49011 2017-22918 Rover Pipeline LLC; Majorsville Compressor Station Amendment, 49011-49012 2017-22921 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: DV Trading, LLC, 49010 2017-22890 Meetings: Jordan Cove Energy Project, LP; Pacific Connector Gas Pipeline, LP, 49016 2017-22922 Petitions for Waivers: Wabash Valley Power Association, Inc., 49010-49011 2017-22919 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 49074-49075 2017-22954 Fish Fish and Wildlife Service NOTICES Permit Applications:

Foreign Endangered and Threatened Species, 49041-49042 2017-22879 Food and Drug Food and Drug Administration NOTICES Determinations of Regulatory Review Periods for Purposes of Patent Extensions: INSPIRE UPPER AIRWAY STIMULATION SYSTEM, 49029-49031 2017-22897 MITRACLIP CDS, 49027-49029 2017-22895 OBIZUR, 49031-49032 2017-22898 Determinations That Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness: ELAVIL (Amitriptyline Hydrochloride) Oral Tablets, 10, 25, 50, 75, 100, and 150 Milligrams, 49032-49033 2017-22892 Guidance:

Product-Specific Guidance for Methylphenidate Hydrochloride, 49033-49034 2017-22891 General Services General Services Administration NOTICES Office of Human Resources Management; Senior Executive Service Performance Review Board, 49025-49026 2017-22960 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Performance Review Board Members, 49034-49035 2017-22863 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Rental Assistance Demonstration:

Public Housing Authorities in Presidentially Declared Disaster Areas; Extensions, 49040-49041 2017-23042 Indian Health Indian Health Service NOTICES Youth Regional Treatment Center Aftercare Pilot Project; Correction, 49035 2017-22864 Industry Industry and Security Bureau RULES Amendments to Existing Validated End-User Authorization in the People's Republic of China: Lam Research Service Co., Ltd., 48925-48931 2017-22649 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Utility Scale Wind Towers From the People's Republic of China, 48982 2017-22932 Fee Schedule: National Travel and Tourism Office for the Advance Passenger Information System/I-92 Program, I-94 International Arrivals Program, and Survey of International Air Travelers Program, 48982-48985 2017-22953 Initiation of Less-Than-Fair-Value Investigations: Polyethylene Terephthalate Resin From Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan, 48977-48982 2017-22931 Justice Department Justice Department See Federal Bureau of Investigation Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements, 49043 2017-22869 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel FAMILY AFFAIR, 49076 2017-22859 Vessel FEATHER, 49077 2017-22860 Vessel HOPSCOTCH, 49075-49076 2017-22858 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 49036 2017-22909 2017-22910 National Heart, Lung, and Blood Institute, 49035 2017-22908 National Institute of Nursing Research, 49035 2017-22911 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Herring Fishery; Adjustment to the Atlantic Herring Management Area 1A Annual Catch Limit, 48936-48937 2017-22861 PROPOSED RULES Endangered and Threatened Species: 12-Month Finding on a Petition To List the Chambered Nautilus as Threatened Under the Endangered Species Act, 48948-48967 2017-22771 Fisheries of the Northeastern United States: Framework 2 to the Tilefish Fishery Management Plan, 48967-48970 2017-22750 NOTICES Meetings: Fisheries of the South Atlantic Southeast Data, Assessment, and Review, 49003 2017-22904 Mid-Atlantic Fishery Management Council, 49002 2017-22901 New England Fishery Management Council, 49002 2017-22903 Pacific Fishery Management Council, 49002-49003 2017-22906 South Atlantic Fishery Management Council, 48986, 49005-49006 2017-22900 2017-22902 Western Pacific Fishery Management Council, 48986-48987 2017-22905 Permits:

Marine Mammals and Endangered Species, 48985-48986 2017-22899 Requests for Nominations: Atlantic Highly Migratory Species Advisory Panel, 49004-49005 2017-22880 Takes of Marine Mammals Incidental to Specified Activities: Sand Point City Dock Replacement Project in Sand Point, AK, 48987-49001 2017-22881 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 49045-49046 2017-22915 2017-22944 Meetings; Sunshine Act, 49045 2017-23045 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 49046 2017-23005 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories: TUV Rheinland of North America, Inc., 49043-49045 2017-22866 Postal Service Postal Service RULES International Competitive Services Product and Price Changes, 48933-48936 2017-22748 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Child Soldiers Prevention Act of 2008; Presidential Determination (Presidential Determination No. 2017-14 of September 30, 2017), 49085 2017-23145 Refugee Admissions for Fiscal Year 2018 (Presidential Determination No. 2017-13 of September 29, 2017), 49081-49084 2017-23140 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals:, 48975-48976 2017-22929 Grant Application Deadlines and Funding Levels: Assistance to High Energy Cost Rural Communities Grant Program; Correction, 48976-48977 2017-22857 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49071-49072 2017-22907 Self-Regulatory Organizations; Proposed Rule Changes: Bats EDGX Exchange, Inc., 49058-49068 2017-22886 ICE Clear Credit LLC, 49055-49057 2017-22887 Investors Exchange LLC, 49054-49055 2017-22884 NYSE American LLC, 49068-49071 2017-22882 NYSE Arca, Inc., 49046-49054 2017-22883 2017-22885 Small Business Small Business Administration RULES HUBZone and Puerto Rico Oversight, Management, and Economic Stability Act Amendments, 48903-48904 2017-22935 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49073-49074 2017-22803 Disaster Declarations: California, 49073 2017-22876 Louisiana, 49072 2017-22923 South Carolina, 49072-49073 2017-22924 State Department State Department NOTICES Meetings: Preparation for 29th Extraordinary Council Session, the 30th Assembly, and the 119th Council Session of the International Maritime Organization, 49074 2017-22856 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department NOTICES Meetings:

Advisory Committee on Cemeteries and Memorials, 49078-49079 2017-22945 Separate Parts In This Issue Part II Presidential Documents, 49081-49085 2017-23145 2017-23140 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. 82 203 Monday, October 23, 2017 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Part 126 RIN 3245-AG92 HUBZone and Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) Amendments AGENCY:

U.S. Small Business Administration. ACTION: Direct final rule; request for comments. SUMMARY: This direct final rule amends the definition of “qualified census tract” in the HUBZone program regulations. The U.S. Small Business Administration

(SBA)is making this change to its regulations to implement section 412(a) of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). Section 412(a) of PROMESA amended the definition of “qualified census tract” contained in section 3(p)(4)(A) of the Small Business Act. DATES: This rule is effective on December 22, 2017 without further action, unless significant adverse comment is received by November 22, 2017. If significant adverse comment is received, SBA will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: You may submit comments, identified by RIN 3245-AG92 by any of the following methods: • *Federal Rulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail or Hand Delivery/Courier:* Mariana Pardo, Director, HUBZone Program, 409 Third Street SW., Washington, DC 20416. SBA will post all comments on *http://www.regulations.gov.* If you wish to submit confidential business information

(CBI)as defined in the User Notice at *http://www.regulations.gov,* please submit the information to Mariana Pardo, Director, HUBZone Program, 409 Third Street SW., Washington, DC 20416 and highlight the information that you consider to be CBI and explain why you believe this information should be held confidential. SBA will review the information and make a final determination of whether the information will be published or not. FOR FURTHER INFORMATION CONTACT: Mariana Pardo, Director, HUBZone Program, 409 Third Street SW., Washington, DC 20416, 202-205-2985, *hubzone@sba.gov.* SUPPLEMENTARY INFORMATION: On June 30, 2016, the President signed into law the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), Public Law 114-187, 130 Stat. 149. Section 412(a) of PROMESA amended the definition of “qualified census tract”

(QCT)contained in section 3(p)(4)(A) of the Small Business Act, 15 U.S.C. 632(p)(4)(A), which is relevant to SBA's HUBZone program. Amended section 3(p)(4)(A) provides that a QCT is defined as set forth in section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986, except for areas in Puerto Rico, which for a limited time will use the Internal Revenue Code definition without regard to subclause

(II)of that definition. Section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986 provides that a QCT is a tract in which either 50 percent or more of the households have an income which is less than 60 percent of the area's median gross income, or which has a poverty rate of at least 25 percent. However, subclause

(II)of section 42(d)(5)(B)(ii) sets forth a population cap that limits the portion of a metropolitan statistical area

(MSA)which may be designated as a QCT to an area having 20 percent of the population of such MSA. If more than 20 percent of the population in an MSA would otherwise qualify, the U.S. Department of Housing and Urban Development

(HUD)ranks the tracts in that area from highest percentage of eligible households to lowest, and then designates as QCTs those tracts with the highest percentages of eligible households until the 20 percent population cap is reached. Since PROMESA's passage, the amended definition of QCT in the Small Business Act provides that the definition of QCT contained in section 42(d)(5)(B)(ii) of the Internal Revenue Code shall apply to the HUBZone program—with one enumerated exception. The exception states that the 20 percent population cap shall not apply to census tracts located in Puerto Rico, for a period of 10 years after the date the Administrator implements this clause (or until the Financial Oversight and Management Board for the Commonwealth of Puerto Rico ceases to exist), whichever event occurs first. This change will result in approximately 516 new HUBZones in Puerto Rico. This direct final rule merely adopts the statutory change that is specific to Puerto Rico as a conforming amendment. The statutory language is specific, limited and requires no interpretation. As such, SBA expects no significant adverse comments. Based on that fact, SBA has decided to proceed with a direct final rule but giving the public 30 days to comment. If SBA receives a significant adverse comment during the comment period, SBA will withdraw the rule, and proceed with a proposed rule. In order to implement the change made by section 412(a) of PROMESA, SBA is amending § 126.103 of its regulations by revising the definition of the term “Qualified census tract”. This rules adopts the definition of this term provided in amended section 3(p)(4)(A) of the Small Business Act, 15 U.S.C. 632(p)(4)(A). Compliance With Executive Orders 12866, 12988, 13132, and 13771, the Paperwork Reduction Act (44 U.S.C. Ch. 35) and the Regulatory Flexibility Act (5 U.S.C. 601-612) Executive Order 12866 The Office of Management and Budget

(OMB)has determined that this direct final rule does not constitute a significant regulatory action under Executive Order 12866. This rule is also not a major rule under the Congressional Review Act, 5 U.S.C. 800. Executive Order 12988 This action meets applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The action does not have retroactive or preemptive effect. Executive Order 13132 For the purposes of Executive Order 13132, SBA has determined that this direct final rule will not have substantial, direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, for the purpose of Executive Order 13132, Federalism, SBA has determined that this direct final rule has no federalism implications warranting preparation of a federalism assessment. Executive Order 13771 This final rule is not an E.O. 13771 regulatory action because it is not significant under E.O. 12866. Paperwork Reduction Act, 44 U.S.C., Ch. 35 SBA has determined that this direct final rule does not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C., Chapter 35. Regulatory Flexibility Act, 5 U.S.C. 601-612 The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires administrative agencies to consider the effect of their actions on small entities, small non-profit enterprises, and small local governments. Pursuant to the RFA, when an agency issues a rulemaking, the agency must prepare a regulatory flexibility analysis which describes the impact of the rule on small entities. However, section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. Within the meaning of RFA, SBA certifies that this direct final rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 13 CFR Part 126 Administrative practice and procedure, Government procurement, Small businesses. Accordingly, for the reasons stated in the SUPPLEMENTARY INFORMATION , SBA amends 13 CFR part 126 as follows: PART 126—HUBZONE PROGRAM 1. The authority for part 126 is revised to read as follows: Authority: 15 U.S.C. 632(a), 632(j), 632(p), 644 and 657a. 2. Amend § 126.103 by revising the definition of “Qualified census tract”, to read as follows: § 126.103 What definitions are important in the HUBZone program? *Qualified census tract* has the meaning given that term in section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986. However, for any metropolitan statistical area in the Commonwealth of Puerto Rico, the term “qualified census tract” has the meaning given that term in section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986 as applied without regard to subclause

(II)of such section, except that this clause shall apply only until December 22, 2027, or the date on which the Financial Oversight and Management Board for the Commonwealth of Puerto Rico created by the Puerto Rico Oversight, Management, and Economic Stability Act ceases to exist, whichever event occurs first. Dated: October 10, 2017. Linda E. McMahon, Administrator. [FR Doc. 2017-22935 Filed 10-20-17; 8:45 am]

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