Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2018-01-10.xml --- 83 7 Wednesday, January 10, 2018 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Centers Disease Centers for Disease Control and Prevention NOTICES Guidance: National Framework for Personal Protective Equipment Conformity Assessment-Infrastructure, 1260 2018-00252 Commerce Commerce Department See International Trade Administration See Patent and Trademark Office Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission RULES Grid Security Emergency Orders:

Procedures for Issuance, 1174-1182 2018-00259 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Savannah River Site, 1247 2018-00277 Fusion Energy Sciences Advisory Committee, 1246-1247 2018-00246 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1247-1250 2018-00258 2018-00260 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona; Determination to Defer Sanctions; Arizona Department of Environmental Quality; PM2.5, 1195-1197 2018-00030 North Carolina; Open Burning and Miscellaneous Revisions, 1194-1195 2018-00028 Civil Monetary Penalty Inflation Adjustment Rule, 1190-1194 2018-00287 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Stationary Sources; New Source Review; Ammonia, 1212-1215 2018-00036 NOTICES Meetings: Environmental Laboratory Advisory Board, 1258-1259 2018-00284 Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 1259 2018-00337 Federal Aviation Federal Aviation Administration RULES Amendment of Class D and E Airspace: Pueblo, CO, 1184-1185 2018-00201 Correcting Amendments: Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems

(EFVS)and to Pilot Compartment View Requirements for Vision Systems, 1186-1188 2018-00225 Establishment of Class E Airspace: Madras, OR, 1185-1186 2018-00197 Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations; Technical Amendment, 1188-1189 2018-00285 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 1198-1201 2018-00107 Establishment of Class E Airspace and Amendment of Class D and Class E Airspace: Olympia, WA, 1201-1203 2018-00199 Federal Communications Federal Communications Commission PROPOSED RULES Draft Program Comment for the FCC's Review of Collocations on Certain Towers Constructed Without Documentation, 1215-1220 2018-00292 NOTICES Media Bureau Freezes the Filing of Minor Change Applications for LPTV/Translator Stations, 1259-1260 2018-00286 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Questar Southern Trails Pipeline Co.; Navajo Tribal Utility Authority, 1251-1252 2018-00275 Tallgrass Interstate Gas Transmission, LLC, 1254-1255 2018-00272 Tennessee Gas Pipeline Co., LLC, 1250-1251, 1253-1254 2018-00273 2018-00274 Combined Filings, 1252, 1254 2018-00278 2018-00279 Environmental Impact Statements; Availability, etc.: Transcontinental Gas Pipe Line Co., LLC; Northeast Supply Enhancement Project, 1255-1256 2018-00271 Hydroelectric Applications: New York Power Authority, 1256-1257 2018-00281 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Clean Energy Future-Lordstown, LLC, 1254 2018-00280 Preliminary Permit Applications: Covington Mountain Hydro, LLC, 1258 2018-00282 Requests Under Blanket Authorizations: Columbia Gas Transmission, LLC, 1252-1253 2018-00276 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 1260 2018-00289 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Hours of Service of Drivers; Exemption Applications: STC, Inc., 1222-1223 2018-00248 Towing and Recovery Association of America, Inc., 1220-1222 2018-00247 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 1281-1282 2018-00245 Federal Reserve Federal Reserve System RULES Rules of Practice for Hearings, 1182-1184 2018-00227 Federal Transit Federal Transit Administration NOTICES Limitation on Claims Against Proposed Public Transportation Projects, 1282 2018-00243 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removal of the Monito Gecko (Sphaerodactylus micropithecus) From the Federal List of Endangered and Threatened Wildlife, 1223-1232 2018-00207 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cooperative Manufacturing Arrangements for Licensed Biologics, 1260-1261 2018-00238 Extralabel Drug Use in Animals, 1262-1263 2018-00237 Medical Devices; Humanitarian Use Devices, 1263-1264 2018-00241 Charter Renewals: Vaccines and Related Biological Products Advisory Committee, 1262 2018-00239 Food Safety Food Safety and Inspection Service NOTICES 2018 Rate Changes for the Basetime, Overtime, Holiday, and Laboratory Services Rates, 1233-1234 2018-00283 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 1284-1285 2018-00228 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention 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: Office for the Advancement of Telehealth Outcome Measures, 1264-1265 2018-00253 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Jobs Plus Pilot Program, 1269-1270 2018-00216 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Oil Country Tubular Goods From Turkey, 1240-1242 2018-00263 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China, 1235-1237 2018-00103 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China, 1238-1240 2018-00242 Welded Line Pipe From the Republic of Turkey, 1237-1238 2018-00262 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Expenditure Surveys: Quarterly Interview and Diary, 1273-1274 2018-00236 Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 1173-1174 2018-00290 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acknowledgment of Rights-Holder for Literature: Translation Projects Applications, 1274 2018-00257 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: General Motors, LLC, 1282-1284 2018-00221 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 1266 2018-00217 National Institute of Environmental Health Sciences, 1265-1266 2018-00220 National Institute on Drug Abuse, 1266-1267 2018-00218 2018-00219 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions: American Centrifuge Operating, LLC, American Centrifuge Lead Cascade Facility, 1276-1278 2018-00255 Meetings: Licensing Support Network Advisory Review Panel; Revision, 1274-1276 2018-00226 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fastener Quality Act Insignia Recordal Process, 1245-1246 2018-00264 National Summer Teacher Institute, 1242-1243 2018-00265 Extended Missing Parts Pilot Program, 1243-1245 2018-00270 Postal Service Postal Service RULES Hazardous, Restricted, and Perishable Mail (Publication 52), 1189-1190 2018-00266 Reclamation Reclamation Bureau NOTICES Change in Discount Rate for Water Resources Planning, 1272-1273 2018-00251 Quarterly Status Reports: Water Service, Repayment, and Other Water-Related Contract Actions, 1270-1272 2018-00250 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1278-1279 2018-00267 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 1279-1280 2018-00213 State Department State Department NOTICES Call for Expert Reviewers To Contribute to the U.S. Government Review of the Intergovernmental Panel on Climate Change, 1280-1281 2018-00291 Culturally Significant Objects Imported for Exhibition: The Second Buddha: Master of Time Exhibition, 1281 2018-00223 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for T Nonimmigrant Status; Application for Immediate Family Member of T-1 Recipient; and Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, 1268-1269 2018-00215 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1267-1268 2018-00224 U.S. Institute United States Institute of Peace NOTICES Meetings: Board of Directors, 1285 2018-00269 Veteran Affairs Veterans Affairs Department PROPOSED RULES Veteran-Owned Small Business Verification Guidelines, 1203-1212 2017-27715 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Report of Income From Property or Business, 1288 2018-00230 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Department of Veterans Affairs Acquisition Regulation, Security for Government Financing, 1286 2018-00235 Department of Veterans Affairs Acquisition Regulation; Indemnification and Medical Liability Insurance; Indemnification and Medical Liability Insurance; and Report of Employment Under Commercial Activities, 1287-1288 2018-00234 DoD Referral to Integrated Disability Evaluation System, 1285-1286 2018-00233 State Application for Interment Allowance, 1285 2018-00231 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. 83 7 Wednesday, January 10, 2018 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Civil Monetary Penalty Inflation Adjustment AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: This final rule adjusts the level of civil monetary penalties

(CMPs)in regulations maintained and enforced by the Merit Systems Protection Board

(MSPB)with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget

(OMB)guidance. DATES: This final rule is effective on January 10, 2018. FOR FURTHER INFORMATION CONTACT: Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; Phone:

(202)653-7200; Fax:

(202)653-7130; or email: *mspb@mspb.gov* . SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Act), Public Law 101-410, provided for the regular evaluation of CMPs by Federal agencies. Periodic inflationary adjustments of CMPs ensure that the consequences of statutory violations adequately reflect the gravity of such offenses and that CMPs are properly accounted for and collected by the Federal Government. In April 1996, the 1990 Act was amended by the Debt Collection Improvement Act of 1996 (the 1996 Act), Public Law 104-134, which required Federal agencies to adjust their CMPs at least once every four years. However, because inflationary adjustments to CMPs were statutorily capped at ten percent of the maximum penalty amount, but only required to be calculated every four years, CMPs in many cases did not correspond with the true measure of inflation over the preceding four-year period, leading to a decline in the real value of the penalty. To remedy this decline, the 2015 Act (section 701 of Pub. L. 114-74) requires agencies to adjust CMP amounts with annual inflationary adjustments through a rulemaking using a methodology mandated by the legislation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. A civil monetary penalty is “any penalty, fine, or other sanction” that:

(1)“is for a specific amount” or “has a maximum amount” under Federal law; and

(2)a Federal agency assesses or enforces “pursuant to an administrative proceeding or a civil action in the Federal courts.” The MSPB is authorized to assess CMPs pursuant to 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 in disciplinary actions brought by the Special Counsel. The corresponding MSPB regulation for both CMPs is 5 CFR 1201.126(a). As required by the 2015 Act, and pursuant to guidance issued by the OMB, the MSPB is now making an annual adjustment for 2018, according to the prescribed formulas. II. Calculation of Adjustment The CMP listed in 5 U.S.C. 1215(a)(3) was established in 1978 with the enactment of the Civil Service Reform Act of 1978 (CSRA), Public Law 95-454, section 202(a), 92 Stat. 1121-30 (Oct. 13, 1978), and originally codified at 5 U.S.C. 1207(b). That CMP was last amended by section 106 of the Whistleblower Protection Enhancement Act of 2012, Public Law 112-199, 12 Stat. 1468 (Nov. 27, 2012), now codified at 5 U.S.C. 1215(a)(3), which provided for a CMP “not to exceed $1,000”. The CMP authorized in 5 U.S.C. 7326 was established in 2012 by section 4 of the Hatch Act Modernization Act of 2012 (Hatch Act), Public Law 112-230, 126 Stat. 1617 (Dec. 28, 2012), which provided for a CMP “not to exceed $1,000.” On June 5, 2017, the MSPB issued a final rule which increased the maximum CMP allowed under both 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 to $1,045 for the year 2017. *See* 82 FR 25715 (June 5, 2017). This increase reflected both a catch-up adjustment and an annual increase for the year 2017, as mandated by the 2015 Act. On December 15, 2017, OMB issued guidance on calculating the annual inflationary adjustment for 2018. *See* Memorandum from Mick Mulvaney, Dir., OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-18-03 (Dec. 15, 2017). Therein, OMB notified agencies that the annual adjustment multiplier for 2018, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.02041 and that the 2018 annual adjustment amount is obtained by multiplying the 2017 penalty amount by the 2018 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,045 × 1.02041 = $1,066.32, which rounds to $1,066. III. Effective Date of Penalties The revised CMP amounts will go into effect on January 10, 2018. All violations for which CMPs are assessed after the effective date of this rule will be assessed at the adjusted penalty level regardless of whether the violation occurred before the effective date. IV. Procedural Requirements A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), the MSPB has determined 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 Congress has specifically exempted agencies from these requirements when implementing the 2015 Act. The 2015 Act explicitly requires the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553, the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment. It is also in the public interest that the adjusted rates for CMPs under the CSRA and the Hatch Act become effective as soon as possible to maintain their effective deterrent effect. B. Regulatory Impact Analysis: E.O. 12866 The MSPB has determined that this is not a significant regulatory action under E.O. 12866. Therefore, no regulatory impact analysis is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. *See* 5 U.S.C. 603(a) and 604(a). As discussed above, the 2015 Act does not require agencies to first publish a proposed rule when adjusting CMPs within their jurisdiction. Thus, the RFA does not apply to this final rule. D. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This rule:

(a)Does not have an annual effect on the economy of $100 million or more;

(b)Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and

(c)Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises. E. Unfunded Mandates Reform Act of 1995 This rule does not involve a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532). F. E.O. 12630, Government Actions and Interference With Constitutionally Protected Property Rights This rule does not have takings implications. G. E.O. 13132, Federalism This rule does not have Federalism implications. The rule does 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. H. E.O. 12988, Civil Justice Reform The MSPB has reviewed this rule in light of E.O. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. I. E.O. 13175, Consultation and Coordination With Indian Tribal Governments In accordance with E.O. 13175, the MSPB has evaluated this rule and determined that it has no tribal implications. J. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Civil rights, Government employees. For the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. § 1201.126 [Amended] 2. Section 1201.126 is amended in paragraph

(a)by removing “$1,045” and adding in its place “$1,066.” Jennifer Everling, Acting Clerk of the Board. [FR Doc. 2018-00290 Filed 1-9-18; 8:45 am]

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