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--- schema: federal-register doc_type: fedreg source_file: FR-2017-12-12.xml --- 82 237 Tuesday, December 12, 2017 Contents Agriculture Agriculture Department RULES Highly Erodible Land Conservation and Wetland Conservation; Conforming Amendment, 58333-58334 2017-26736 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58378 2017-26706 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

The American Community Survey, 58378-58381 2017-26726 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Programs: Extension of Prior Authorization for Repetitive Scheduled Non Emergent Ambulance Transports, 58400-58403 2017-26759 Commerce Commerce Department See Census Bureau See National Oceanic and Atmospheric Administration Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58381 2017-26715 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Evaluation of the ESEA Title VI Indian Education LEA Grants Program, 58382-58383 2017-26723 Service Contract Inventory for Fiscal Year 2016, 58383 2017-26775 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: DOL-Only Performance Accountability, Information, and Reporting System, 58446-58447 2017-26677 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Hydrogen and Fuel Cell Technical Advisory Committee, 58383-58384 2017-26747 Engineers Engineers Corps NOTICES Environmental Assessments; Availability, etc.: Elizabeth River and Southern Branch Navigation Improvements Draft General Reevaluation Report, 58381-58382 2017-26724 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Mexico; Albuquerque and Bernalillo County; Regional Haze Progress Report State Implementation Plan, 58347-58348 2017-26661 New York;

Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 58342-58347 2017-26657 West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs; Withdrawal of Direct Final Rule, 58341-58342 2017-26408 Renewable Fuel Standard Program: Standards for 2018 and Biomass-Based Diesel Volume for 2019, 58486-58527 2017-26426 PROPOSED RULES Periodic Reviews of the Renewable Fuel Standard Program, 58364-58365 2017-26422 Federal Aviation Federal Aviation Administration RULES Class E Airspace;

Amendments: Stevens Point, WI, 58334-58335 2017-26656 PROPOSED RULES Airworthiness Directives: Gulfstream Aerospace Corporation Airplanes, 58362-58364 2017-26617 NOTICES Land Use; Changes: 22.1 Acres of Airport Land for Solar Farm use at Brunswick Executive Airport, Brunswick, ME, 58480 2017-26774 419 Acres of Airport Land for Solar Farm use at Sanford Seacoast Regional Airport, Sanford, ME, 58479-58480 2017-26772 Petitions for Exemptions; Summaries: Bombardier Inc., 58480-58481 2017-26682 Requests for Comments:

Land Swap Between the Northern Maine Regional Airport and the Presque Isle Industrial Council, Presque Isle, ME, 58480 2017-26771 Federal Communications Federal Communications Commission PROPOSED RULES Modernization of Media Regulation Initiative: FCC Form 325 Data Collection, 58365-58374 2017-26678 Petitions for Reconsideration of Action in Rulemaking Proceeding, 58374 2017-26728 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58388-58396 2017-26679 2017-26680 2017-26681 2017-26729 2017-26730 2017-26731 Meetings:

Communications Security, Reliability, and Interoperability Council, 58396 2017-26732 Federal Energy Federal Energy Regulatory Commission NOTICES Authority for Continued Operations: Pelzer Hydro Company, LLC; Consolidated Hydro Southeast, LLC, 58387 2017-26745 2017-26746 Combined Filings, 58386-58388 2017-26741 2017-26742 2017-26743 Environmental Assessments; Availability, etc.: Enbridge—Texas Eastern Transmission, L.P.; TX—LA Markets Project, 58384-58386 2017-26744 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58396-58397 2017-26710 Production of Rates Based on Data for Repurchase Agreements, 58397-58400 2017-26761 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Draft Supplement to the Grizzly Bear Recovery Plan: Habitat-Based Recovery Criteria for the Northern Continental Divide Ecosystem, 58444-58445 2017-26257 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Applications for Approval To Market a New Drug, 58403-58407 2017-26670 Calorie Labeling of Articles of Food in Vending Machines, 58425-58428 2017-26672 Consumer and Healthcare Professional Identification of and Responses to Deceptive Prescription Drug Promotion, 58411-58421 2017-26704 Food Allergen Labeling and Reporting, 58407-58410 2017-26690 Orphan Drug Designation Request Form and The Common European Medicines Agency/Food and Drug Administration Form for Orphan Medicinal Product Designation, 58424-58425 2017-26669 Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness:

NOROXIN (Norfloxacin) Tablets, 400 Milligrams, 58421 2017-26693 Guidance: Product Name Placement, Size, and Prominence in Promotional Labeling and Advertisements, 58421-58424 2017-26725 Refusal of Inspection by a Foreign Food Establishment or Foreign Government, 58410-58411 2017-26692 Website Location of Center for Devices and Radiological Health Fiscal Year 2018 Proposed Guidance Development, 58429-58431 2017-26721 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Meetings:

Chronic Fatigue Syndrome Advisory Committee, 58431 2017-26739 Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 58431-58432 2017-26738 Homeland Homeland Security Department See Transportation Security Administration See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department RULES Streamlining Administrative Regulations for Multifamily Housing Programs and Implementing Family Income Reviews under the Fixing America's Surface Transportation Act, 58335-58341 2017-26697 NOTICES EnVision Center Demonstration, 58441-58444 2017-26684 Family Self-Sufficiency Performance Measurement System (Composite Score), 58434-58439 2017-26696 Suspension of Small Area Fair Market Rent Designations, 58439-58441 2017-26695 Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58447-58448 2017-26737 NASA National Aeronautics and Space Administration NOTICES Charter Establishments: National Space Council Users' Advisory Group, 58452 2017-26765 National Archives National Archives and Records Administration NOTICES Records Schedules, 58452-58453 2017-26694 National Endowment for the Arts National Endowment for the Arts RULES Federal Civil Penalties Adjustments, 58348-58350 2017-26733 NOTICES Meetings: Arts Advisory Panel, 58454 2017-26735 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Meetings:

National Institute of Neurological Disorders and Stroke, 58432 2017-26703 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska: Halibut Bycatch Management in Groundfish Fisheries of Bering Sea and Aleutian Islands, 58374-58377 2017-26734 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58454-58455 2017-26716 National Transportation National Transportation Safety Board RULES Public Availability of Information, 58354-58361 2017-26316 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Direct Transfer of Licenses;

Approvals: MP Mine Operations LLC, 58455-58456 2017-26748 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Excavations (Design of Cave-in Protection Systems), 58450-58452 2017-26675 Safe and Sound Campaign, 58448-58450 2017-26719 Changes in Level of Federal Enforcement: Minnesota State Plan; Employment on Indian Reservations and Twin Cities Army Ammunition Plant, and Coverage Clarifications, 58450 2017-26676 Overseas Overseas Private Investment Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58456-58457 2017-26699 2017-26701 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 58457-58458 2017-26720 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Pearl Harbor Remembrance Day (Proc. 9684), 58529-58532 2017-26948 Railroad Retirement Railroad Retirement Board NOTICES Meetings: Actuarial Advisory Committee, 58458 2017-26683 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58468-58469 2017-26671 Applications: Calvert Research and Management and Calvert ETF Trust, 58469-58470 2017-26700 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 58470-58473 2017-26689 New York Stock Exchange LLC, 58459-58462, 2017-26685 58473-58475 2017-26687 NYSE American, LLC, 58465-58468 2017-26686 NYSE Arca, Inc., 58462-58465 2017-26688 State Department State Department RULES Acquisition Regulations, 58351-58354 2017-26711 Acquisition Regulations;

Technical Amendment, 58350-58351 2017-26712 NOTICES Privacy Act; Systems of Records, 58475-58479 2017-26750 2017-26752 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fee Collection and Coal Production Reporting; Coal Reclamation Fee Report, 58446 2017-26766 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 58479 2017-26674 Transportation Department Transportation Department See Federal Aviation Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Flight Crew Self-Defense Training—Registration and Evaluation, 58433 2017-26702 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Needs Assessment, 58432 2017-26673 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation, Special Notes, 58482-58483 2017-26758 Information Regarding Apportionment of Beneficiary's Award, 58481 2017-26757 Request for Approval of School Attendance and School Attendance Report, 58482 2017-26756 VetBiz Vendor Information Pages Verification Program, 58481-58482 2017-26754 Veterans Mortgage Life Insurance Change of Address Statement, 58483-58484 2017-26755 Separate Parts In This Issue Part II Environmental Protection Agency, 58486-58527 2017-26426 Part III Presidential Documents, 58529-58532 2017-26948 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. 82 237 Tuesday, December 12, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 12 RIN 0563-AC56 Highly Erodible Land Conservation and Wetland Conservation; Conforming Amendment AGENCY: Office of the Secretary and Federal Crop Insurance Corporation, USDA.

ACTION: Final rule. SUMMARY: This final rule amends the United States Department of Agriculture regulations to conform to the changes regarding conservation compliance made by the Federal Crop Insurance Corporation

(FCIC)to its regulations in Catastrophic Risk Protection Endorsement; Area Risk Protection Insurance Basic Provisions; and Common Crop Insurance Policy Basic Provisions. These changes will provide more flexibility for conservation compliance determinations; reduce burdens on policyholders; and will allow the conservation compliance certification process for crop insurance to be administered more consistently with the practices of the Farm Service Agency (FSA). DATES: This rule is effective December 12, 2017. FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Risk Management Agency, telephone

(816)926-7730; Joe Fuchtman, Farm Service Agency, telephone

(202)260-9146; or Jason Outlaw, Natural Resource Conservation Service, telephone

(202)720-7838. SUPPLEMENTARY INFORMATION: Background Recently, FCIC published a final rule in the **Federal Register** , titled “General Administrative Regulations; Catastrophic Risk Protection Endorsement; Area Risk Protection Insurance Regulations; and the Common Crop Insurance Regulations, Basic Provisions,” that included changes to remove the June 1 deadline prior to the July 1 reinsurance year for a Form AD-1026 conservation compliance certification to be on file with FSA related to ineligibility for federal crop insurance premium subsidies. The same June 1 deadline was also included in the USDA regulations in 7 CFR part 12 for Highly Erodible Land Conservation and Wetland Conservation provisions (also known as conservation compliance provisions). The FCIC final rule removed the June 1 deadline from the regulations for Catastrophic Risk Protection Endorsement, the Area Risk Protection Insurance Basic Provisions, and the Common Crop Insurance Policy Basic Provisions and instead requires the AD-1026 to be filed with FSA for the reinsurance year by the premium billing date unless an exception applies. USDA is amending the Highly Erodible Land Conservation and Wetland Conservation provisions to conform to the changes to the Catastrophic Risk Protection Endorsement, the Area Risk Protection Insurance Basic Provisions, and the Common Crop Insurance Policy Basic Provisions regarding conservation compliance. The specific changes to the Highly Erodible Land Conservation and Wetland Conservation regulation include removing the date of June 1 from the conservation compliance provisions and adding a reference to the premium billing date. Because the June 1 date is being removed, USDA is also revising the exception for farmers who began farming after June 1 to instead refer to producers who meet the Risk Management Agency's conditions for farmers who are new to farming, new to crop insurance, a new entity, or have not previously been required to file form AD-1026. These changes will provide more flexibility for FSA conservation compliance determinations, reduce burdens on policyholders and will allow the conservation compliance certification process for crop insurance to be administered more consistently with the way it is administered for other USDA programs while maintaining conformance to the Conservation Compliance provisions mandated by the Congress in the Agricultural Act of 2014. Executive Orders 12866, 13563, and 13771 Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget

(OMB)designated this rule as not significant under Executive Order 12866, “Regulatory Planning and Review,” and therefore, OMB has not reviewed this rule. The rule is not subject to Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.” Paperwork Reduction Act of 1995 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, subchapter I), the collections of information in this rule have been approved by OMB under control number 0563-0053. E-Government Act Compliance USDA is committed to complying with the E-Government Act of 2002, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes. USDA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under E.O. 13175. If a Tribe requests consultation, USDA will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress. Regulatory Flexibility Act USDA certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation is a conforming amendment to a final rule published by FCIC that states the Federal crop insurance program is the same for all producers regardless of the size of their farming operation. For instance, all producers are required to file an AD-1026 with FSA to be eligible for premium subsidy. Whether a producer has 10 acres or 1,000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act

(FCIA)authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have a significant impact on a substantial number of small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See 2 CFR part 415, subpart C. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. Environmental Evaluation This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. List of Subjects in 7 CFR Part 12 Crop insurance, Reporting and recordkeeping requirements, Soil conservation. Final Rule Accordingly, as set forth in the preamble, USDA amends 7 CFR part 12 as follows: PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION 1. The authority citation for 7 CFR part 12 continues to read as follows: Authority: 16 U.S.C. 3801, 3811-12, 3812a, 3813-3814, and 3821-3824. 2. Amend § 12.13 by revising paragraph

(b)to read as follows: § 12.13 Special Federal crop insurance premium subsidy provisions.

(b)*Ineligibility for failing to certify compliance.* Subject to paragraph (b)(2) of this section, failing to certify compliance as specified in § 12.7 will result in ineligibility as follows:

(1)A Form AD-1026, or successor form, for the person must be filed with FSA for the reinsurance year in order for the person to be eligible for any Federal crop insurance premium subsidies for the reinsurance year. Persons will be ineligible for Federal crop insurance premium subsidy on their crop insurance policy if form AD-1026, or successor form, has not been filed with FSA for the reinsurance year by the premium billing date for their Federally-reinsured crop insurance policy.

(2)A person that has not filed an AD-1026 for the reinsurance year by the premium billing date may be eligible for premium subsidy for the reinsurance year if they provide information necessary for the person's filing of a Form AD-1026 if the person:

(i)Is unable to file a Form AD-1026 due to circumstances beyond the person's control, as determined by FSA; or

(ii)Files a Form AD-1026 in good faith and FSA subsequently determines that additional information is needed, but the person is unable to comply due to circumstances beyond the control of the person.

(3)A person who does not have Form AD-1026, or successor form, on file with FSA for the reinsurance year may be eligible for Federal crop insurance premium subsidy for the initial reinsurance year if the person can demonstrate they meet RMA's conditions for new to farming, new to crop insurance, a new entity, or have not previously been required to file form AD-1026. Dated: December 1, 2017. Stephen L. Censky, Deputy Secretary. [FR Doc. 2017-26736 Filed 12-11-17; 8:45 am]

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