Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-11-13.xml --- 82 217 Monday, November 13, 2017 Contents Agriculture Agriculture Department See National Institute of Food and Agriculture See Procurement and Property Management Office, Agriculture Department Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: National Spectrum Consortium, 52331 2017-24547 PDES, Inc., 52331-52332 2017-24546 Pistoia Alliance, Inc., 52318 2017-24544 ROS-Industrial Consortium-Americas, 52319 2017-24545 UHD Alliance, Inc., 52332 2017-24550 Vehicle Safety Communications 8 Consortium, 52331 2017-24549 Proposed Final Judgments and Competitive Impact Statements:

Entercom Communications Corp., et al., 52319-52331 2017-24548 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 52264 2017-24643 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Requests for Information: Consumers' Experience with Free Access to Credit Scores, 52284-52286 2017-24555 Update to the Public List of Companies that Offer Customers Free Access to a Credit Score, 52286-52287 2017-24552 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52300-52304 2017-24472 2017-24473 2017-24523 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs, 52356-52637 2017-23932 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52304-52305 2017-24524 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 52265 2017-24482 Coast Guard Coast Guard RULES Drawbridge Operations:

Delaware River, Tacony, PA, and Palmyra, NJ, 52210 2017-24468 Safety Zones: City of Oswego Fireworks Display; Oswego River, Oswego, NY, 52210-52212 2017-24498 Delaware River; Pipeline Removal; Correction, 52212-52213 2017-24508 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52315-52316 2017-24489 Commerce Commerce Department See Foreign-Trade Zones Board 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: Semiannual Performance Measures for the ACL Traumatic Brain Injury State Partnership Program, 52305-52306 2017-24525 Copyright Office Copyright Office, Library of Congress RULES Fees for Electronic Recordation and Notices of Intention to Obtain a Compulsory License, 52221-52224 2017-24526 Modernizing Copyright Recordation, 52213-52221 2017-24527 Secure Tests, 52224-52229 2017-24532 PROPOSED RULES Group Registration of Unpublished Works, 52258-52259 2017-24511 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Teacher Education Assistance for College and Higher Education Grant Eligibility Regulations, 52287-52288 2017-24533 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contribution Operations, 52332-52333 2017-24512 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Meetings:

Supercritical CO2 Oxy-combustion Technology Group, 52288 2017-24497 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Reasonably Available Control Technology for Cement Kilns, Revisions to Portland Cement Manufacturing Plant and Natural Gas Compression Station Regulations, and Removal of Nitrogen Oxides Reduction and Trading Program Replaced by Other Programs and Regulations, 52259-52262 2017-24536 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Willingness to Pay Survey to Evaluate Recreational Benefits of Nutrient Reductions in Coastal New England Waters, 52297 2017-24446 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Issuance of Technical Bulletin: Intragovernmental Exchange Transactions, 52298 2017-24509 Technical Bulletins: 2017-2, Assigning Assets to Component Reporting Entities, 52297-52298 2017-24510 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Lock 13 Hydro Partners, LLC, 52290 2017-24460 Shell Energy North America (US), LP, 52288-52289 2017-24459 Combined Filings, 52289-52290, 52292-52293 2017-24453 2017-24454 2017-24455 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: GSP Lost Nation LLC, 52293-52294 2017-24457 GSP Merrimack LLC, 52290-52291 2017-24450 GSP Newington LLC, 52291 2017-24456 GSP Schiller LLC, 52292 2017-24452 GSP White Lake LLC, 52293 2017-24451 Luz Solar Partners Ltd., V, 52291-52292 2017-24458 Federal Reserve Federal Reserve System RULES Federal Reserve Bank Capital Stock, 52173-52174 2017-24553 NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 52298-52299 2017-24522 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 52298 2017-24432 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 52298 2017-24431 Fiscal Fiscal Service NOTICES Senior Executive Service Performance Review Board, 52353 2017-24513 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Threatened Species Status for Chorizanthe parryi var. fernandina (San Fernando Valley Spineflower), 52262-52263 2017-24474 Food and Drug Food and Drug Administration RULES Food Additives Permitted in Feed and Drinking Water of Animals:

Ammonium Formate and Formic Acid, 52207-52209 2017-24366 NOTICES Guidance: S5(R3) Detection of Toxicity to Reproduction for Human Pharmaceuticals; International Council for Harmonisation, 52306-52308 2017-24483 Foreign Assets Foreign Assets Control Office RULES Removal of Cote d'Ivoire Sanctions Regulations, 52209-52210 2017-24521 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Foreign-Trade Zones; Application Amendments: Hitchcock, TX, 52265 2017-24518 General Services General Services Administration NOTICES Environmental Impact Statements;

Availability, etc.: Modernization of the San Luis I Land Port of Entry Modernization, 52299 2017-24551 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health 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, 52309-52311 2017-24491 Be The Match Patient Services Survey, 52311-52312 2017-24494 Title V Maternal and Child Health Services Block Grant to States Program; Guidance and Forms for the Title V Application/Annual Report, 52312-52314 2017-24495 Voluntary Partner Surveys to Implement Executive Order 12862 in the Health Resources and Services Administration, 52308-52309 2017-24492 Charter Renewals:

National Advisory Committee on Rural Health and Human Services, 52311 2017-24490 Meetings: Advisory Commission on Childhood Vaccines, 52314 2017-24493 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 52268-52274 2017-24517 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Aluminum Extrusions from the People's Republic of China, 52265-52268 2017-24407 Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China, 52276-52277 2017-24516 Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan; Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan and Romania, 52275-52276 2017-24515 Circular Welded Carbon Quality Steel Pipe From the People's Republic of China, 52274-52275 2017-24514 Meetings:

United States Travel and Tourism Advisory Board, 52277-52278 2017-24488 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Network Devices, Related Software and Components Thereof (II), 52318 2017-24530 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decrees: United States v. Black Tea Oil, LLC, et al., 52332 2017-24461 Labor Department Labor Department See Employment and Training Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Oil Shale Management, 52317-52318 2017-24528 Plats of Survey: Oregon/Washington, 52316-52317 2017-24529 Library Library of Congress See Copyright Office, Library of Congress National Indian National Indian Gaming Commission PROPOSED RULES Fees, 52253-52258 2017-24363 National Institute Food National Institute of Food and Agriculture PROPOSED RULES Matching Funds Requirements for Agricultural Research and Extension Capacity Funds at 1890 Land-Grant Institutions and 1862 Land-Grant Institutions in Insular Areas, 52250-52253 2017-24327 National Institute National Institutes of Health NOTICES Meetings:

National Institute of Allergy and Infectious Diseases, 52315 2017-24435 2017-24436 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Gulf Gray Triggerfish; Commercial Accountability Measure and Closure, 52248 2017-24519 Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfer, 52249 2017-24534 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52282 2017-24471 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alaska Chinook Salmon Economic Data Report, 52280 2017-24467 Customer Surveys, 52279-52280 2017-24470 Monitoring Programs for Vessels in the Pacific Coast Groundfish Fishery, 52284 2017-24469 Exempted Fishing Permit; Applications: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries, 52282-52283 2017-24520 Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 52278-52279 2017-24507 Fisheries of the South Atlantic;

Southeast Data, Assessment, and Review, 52283-52284 2017-24503 New England Fishery Management Council, 52278, 52280-52281 2017-24504 2017-24505 2017-24506 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 52333-52334 2017-24173 Meetings: Advisory Committee for Biological Sciences, 52333 2017-24543 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52335-52337 2017-24480 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Safeguards on Nuclear Material—Implementation of United States/International Atomic Energy Agency Agreement, 52334-52335 2017-24481 Guidance: Vital Area Access Controls, Protection of Physical Security Equipment, and Key and Lock Controls; Withdrawal, 52337-52338 2017-24484 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on APR1400, 52335 2017-24434 Advisory Committee on Reactor Safeguards Subcommittee on Regulatory Policies and Practices, 52338 2017-24433 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Veterans Day (Proc. 9672), 52639-52642 2017-24689 Procurement Procurement and Property Management Office, Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52264 2017-24479 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52338-52339, 52351 2017-24485 2017-24486 Applications: CBOE Vest Financial, LLC, et al., 52339-52340 2017-24487 Self-Regulatory Organizations;

Proposed Rule Changes: MIAX PEARL, LLC, 52342-52343 2017-24437 Nasdaq PHLX LLC, 52340-52342 2017-24439 New York Stock Exchange LLC, 52344-52347 2017-24438 2017-24440 NYSE American LLC, 52349-52350 2017-24441 NYSE Arca, Inc., 52347-52349 2017-24442 Small Business Small Business Administration RULES Small Business Investment Companies: Administrative Fees, 52174-52186 2017-24535 NOTICES Disaster Declarations: Oregon, 52352 2017-24475 Major Disaster Declarations: Puerto Rico; Amendment 2, 52352-52353 2017-24478 Puerto Rico;

Public Assistance Only, 52352 2017-24476 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Energy Resource Council, 52353 2017-24499 Transportation Department Transportation Department RULES Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Certain Schedule II Drugs to the Department of Transportation's Drug-Testing Panel and Certain Minor Amendments, 52229-52248 2017-24397 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office Veterans Employment Veterans Employment and Training Service RULES Honoring Investments in Recruiting and Employing Vets Medallion Program, 52186-52207 2017-24214 Western Western Area Power Administration NOTICES Rate Orders:

Boulder Canyon Project, 52294-52297 2017-24496 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 52356-52637 2017-23932 Part III Presidential Documents, 52639-52642 2017-24689 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. 82 217 Monday, November 13, 2017 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 209 [Regulation I;

Docket No. R-1560] RIN 7100-AE 68 Federal Reserve Bank Capital Stock AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. SUMMARY: The Board of Governors (Board) is publishing a final rule that applies an inflation adjustment to the threshold for total consolidated assets in Regulation I. Federal Reserve Bank (Reserve Bank) stockholders that have total consolidated assets above the threshold receive a different dividend rate on their Reserve Bank stock than stockholders with total consolidated assets at or below the threshold.

The Federal Reserve Act requires that the Board annually adjust the total consolidated asset threshold to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis (BEA). Based on the change in the Gross Domestic Product Price Index as of September 28, 2017, the total consolidated asset threshold will be $10,283,000,000 through December 31, 2018. DATES: This final rule is effective January 1, 2018. FOR FURTHER INFORMATION CONTACT:

Evan Winerman, Counsel (202/872-7578), Legal Division; or Kimberly Zaikov, Financial Project Leader (202/452-2256), Reserve Bank Operations and Payments Systems Division. For users of Telecommunications Device for the Deaf

(TDD)only, contact

(202)263-4869. SUPPLEMENTARY INFORMATION: I. Background Regulation I governs the issuance and cancellation of capital stock by the Reserve Banks. Under section 5 of the Federal Reserve Act 1 and Regulation I, 2 a member bank must subscribe to capital stock of the Reserve Bank of its district in an amount equal to six percent of the member bank's capital and surplus. The member bank must pay for one-half of this subscription on the date that the Reserve Bank approves its application for capital stock, while the remaining half of the subscription shall be subject to call by the Board. 3 1 12 U.S.C. 287. 2 12 CFR 209.4(a). 3 12 U.S.C. 287 and 12 CFR 209.4(c)(2). Section 7(a)(1) of the Federal Reserve Act 4 provides that Reserve Bank stockholders with $10 billion or less in total consolidated assets shall receive a six percent dividend on paid-in capital stock, while stockholders with more than $10 billion in total consolidated assets shall receive a dividend on paid-in capital stock equal to the *lesser* of six percent and “the rate equal to the high yield of the 10-year Treasury note auctioned at the last auction held prior to the payment of such dividend.” Section 7(a)(1) requires that the Board adjust the threshold for total consolidated assets annually to reflect the change in the Gross Domestic Product Price Index, published by the BEA. 4 12 U.S.C. 289(a)(1). Regulation I implements section 7(a)(1) of the Federal Reserve Act by

(1)defining the term “total consolidated assets,” 5

(2)incorporating the statutory dividend rates for Reserve Bank stockholders 6 and

(3)providing that the Board shall adjust the threshold for total consolidated assets annually to reflect the change in the Gross Domestic Product Price Index. 7 The Board has explained that it “expects to make this adjustment [to the threshold for total consolidated assets] using the final second quarter estimate of the Gross Domestic Product Price Index for each year, published by the Bureau of Economic Analysis.” 8 5 12 CFR 209.1(d)(3) (“Total consolidated assets means the total assets on the stockholder's balance sheet as reported by the stockholder on its Consolidated Report of Condition and Income (Call Report) as of the most recent December 31, except in the case of a new member or the surviving stockholder after a merger `total consolidated assets' means (until the next December 31 Call Report becomes available) the total consolidated assets of the new member or the surviving stockholder at the time of its application for capital stock”). 6 12 CFR 209.4(e), (c)(1)(ii), and (d)(1)(ii); 209.2(a); and 209.3(d)(3). 7 12 CFR 209.4(f). 8 81 FR 84415, 84417 (Nov. 23, 2016). II. Adjustment The Board annually adjusts the $10 billion total consolidated asset threshold based on the change in the Gross Domestic Product Price Index between the second quarter of 2015 (the baseline year) and the second quarter of the current year. 9 The second quarter 2017 Gross Domestic Product Price Index estimate published by the BEA in September 2017 (113.037) is 2.83% higher than the second quarter 2015 Gross Domestic Product Price Index estimate published by the BEA in September 2017 (109.921). Based on this change in the Gross Domestic Product Price Index, the threshold for total consolidated assets in Regulation I will be $10,283,000,000 as of the effective date of January 1, 2018. 9 The BEA makes ongoing revisions to its estimates of the Gross Domestic Product Price Index for historical calendar quarters. The Board calculates annual adjustments from the baseline year (rather than from the prior-year total consolidated asset threshold) to ensure that the adjusted total consolidated asset threshold accurately reflects the cumulative change in the BEA's most recent estimates of the Gross Domestic Product Price Index. III. Administrative Law Matters Administrative Procedure Act The provisions of 5 U.S.C. 553(b) relating to notice of proposed rulemaking have not been followed in connection with the adoption of these amendments. The amendments involve expected, ministerial adjustments that are required by statute and Regulation I and are consistent with a method previously set forth by the Board. 10 Accordingly, the Board finds good cause for determining, and so determines, that notice in accordance with 5 U.S.C. 553(b) is unnecessary. 10 *See* 12 CFR 209.4(f) and n. 8 and accompanying text, *supra.* Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 11 As noted previously, the Board has determined that it is unnecessary to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA's requirements relating to an initial and final regulatory flexibility analysis do not apply. 11 5 U.S.C. 603 and 604. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 12 the Board has reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. 12 44 U.S.C. 3506; 5 CFR part 1320. List of Subjects in 12 CFR Part 209 Banks and banking, Federal Reserve System, Reporting and recordkeeping requirements, Securities. Authority and Issuance For the reasons set forth in the preamble, the Board amends Regulation I, 12 CFR part 209, as follows: PART 209—ISSUE AND CANCELLATION OF FEDERAL RESERVE BANK CAPITAL STOCK (REGULATION I) 1. The authority citation for part 209 continues to read as follows: Authority: 12 U.S.C. 12 U.S.C. 222, 248, 282, 286-288, 289, 321, 323, 327-328, and 466. 2. In part 209, remove all references to “$10,122,000,000” and add in their place “$10,283,000,000”, wherever they appear. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, November 7, 2017. Margaret M. Shanks, Deputy Secretary of the Board. [FR Doc. 2017-24553 Filed 11-9-17; 8:45 am]

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