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--- schema: federal-register doc_type: fedreg source_file: FR-2018-01-12.xml --- 83 9 Friday, January 12, 2018 Contents Agriculture Agriculture Department See Forest Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1824-1829 2017-28205 AIRFORCE Air Force Department NOTICES Records of Decisions: F-35A Operational Beddown—Pacific, Eielson Air Force Base, Alaska, 1611 2018-00458 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 1552-1553 2018-00417 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 1928-1929 2017-28233 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Civil Penalty Inflation Adjustments, 1525-1527 2018-00399 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1968-1972 2017-28241 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Child Abuse and Neglect Data System, 1616-1617 2018-00432 Civil Rights Civil Rights Commission NOTICES Meetings;

Sunshine Act, 1606 2018-00631 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Cape Fear River, NC, 1599-1602 2018-00421 Special Local Regulations: Chesapeake Bay, between Sandy Point and Kent Island, MD, 1597-1599 2018-00420 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Patent and Trademark Office PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1832-1848 2017-28208 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 1609 2018-00422 2018-00423 Commodity Futures Commodity Futures Trading Commission RULES Performance of Certain Functions by the National Futures Association With Respect to the Receipt and Processing of Exchange Disciplinary and Access Denial Action Information, 1548-1550 2018-00468 Technical Amendments to Rules on Registration and Review of Exchange Disciplinary, Access Denial or Other Adverse Actions, 1538-1548 2018-00467 PROPOSED RULES Regulatory Agenda Semiannual Regulatory Agenda, 1964-1965 2017-28240 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Core Principles and Other Requirements for Designated Contract Markets, and Core Principles and Other Requirements for Swap Execution Facilities, 1609-1611 2018-00469 Comptroller Comptroller of the Currency RULES Rules of Practice and Procedure: Rules of Practice and Procedure in Adjudicatory Proceedings; Civil Money Penalty Inflation Adjustments, 1517-1519 2018-00536 NOTICES Inflation Adjustments for Civil Money Penalties, 1657-1659 2018-00521 Consumer Product Consumer Product Safety Commission PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 1974-1977 2017-28243 Defense Department Defense Department See Air Force Department RULES End Use Certificates, 1556 2018-00473 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1850-1851, 1950-1961 2017-28206 2017-28242 Delaware Delaware River Basin Commission PROPOSED RULES Administrative Manual and Special Regulations Regarding Natural Gas Development Activities; Additional Clarifying Amendments, 1586-1596 2018-00344 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance;

Petitions, 1606-1607 2018-00401 Education Department Education Department RULES National Institute on Disability and Rehabilitation Research and Independent Living Programs, Outdated, Superseded Regulations, 1556-1558 2018-00475 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1854-1857 2017-28209 Environmental Protection Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants:

Delegation of Authority to Texas, 1559-1565 2018-00447 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Montana; Revisions to East Helena Lead SIP, 1602-1604 2018-00114 National Emission Standards for Hazardous Air Pollutants: Delegation of Authority to Texas, 1604 2018-00448 Regulatory Agenda: Semiannual Regulatory Agenda, 1932-1938 2017-28234 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 1612-1613 2018-00450 Proposed CERCLA Cost Recovery Settlements:

Operable Unit Two of the Diamond Alkali Superfund Site, In or About Essex and Hudson Counties, NJ, 1612 2018-00471 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 1527-1529, 1535-1537 2018-00343 2018-00345 Fokker Services B.V. Airplanes, 1532-1535 2018-00339 The Boeing Company Airplanes, 1529-1532 2018-00256 Class D Airspace and Revocation of Class E Airspace; Amendments: Fort Eustis, VA, 1537-1538 2018-00397 PROPOSED RULES Air Traffic Service

(ATS)Routes; Modifications: Vicinity of Richmond, IN, 1582-1584 2018-00376 Airworthiness Directives: Airbus Airplanes, 1579-1582 2018-00342 Class E Airspace; Revocation and Amendments: Philipsburg, PA, 1584-1586 2018-00395 Federal Communications Federal Communications Commission RULES Advanced Methods To Target and Eliminate Unlawful Robocalls, 1566-1577 2018-00457 Service Rules Governing Narrowband Operations in the 769-775/799-805 MHz Bands, 1577-1578 2018-00454 Wireless Emergency Alerts: Emergency Alert System, 1565-1566 2018-00463 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1980-2011 2017-28244 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1613-1616 2018-00452 2018-00453 2018-00455 Federal Deposit Federal Deposit Insurance Corporation RULES Rules of Practice and Procedure, 1519-1525 2018-00403 Federal Energy Federal Energy Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustments, 1550-1552 2018-00415 NOTICES Combined Filings, 1611-1612 2018-00414 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 2014-2015 2017-28245 NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 1616 2018-00433 Food and Drug Food and Drug Administration NOTICES Determinations of Regulatory Review Periods for Purposes of Patent Extensions: PROACT ADJUSTABLE CONTINENCE THERAPY FOR MEN, 1620-1621 2018-00404 Guidance: Clarification of Orphan Designation of Drugs and Biologics for Pediatric Subpopulations of Common Diseases, 1619-1620 2018-00418 Determining Whether To Submit an Abbreviated New Drug Application or 505(b)(2) Application, 1618-1619 2018-00405 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Flemish Master Weavers; Foreign-Trade Zone 186; Waterville, ME, 1608 2018-00437 Swagelok Co.; Foreign-Trade Zone 40; Cleveland, OH, 1607-1608 2018-00436 Subzone Expansions; Applications: E.R. Squibb and Sons, LLC, Foreign-Trade Zone 49, Newark/Elizabeth, NJ, 1608 2018-00435 E.R. Squibb and Sons, LLC; Foreign-Trade Zone 49, Newark/Elizabeth, NJ, 1608-1609 2018-00465 Forest Forest Service NOTICES Meetings: Black Hills National Forest Advisory Board, 1605-1606 2018-00429 National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule, 1605 2018-00426 General Services General Services Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1940-1942, 1950-1961 2017-28236 2017-28242 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1860-1870 2017-28220 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1872-1879 2017-28212 Housing Housing and Urban Development Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1882-1883 2017-28214 Interior Interior Department See Land Management Bureau See Reclamation Bureau PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda; Regulatory Plan, 1886-1887 2017-28216 NOTICES Environmental Impact Statements; Availability, etc.: Pojoaque Basin Regional Water System, Santa Fe County, NM, 1626-1628 2018-00427 Meetings: Coral Reef Task Force, 1625-1626 2018-00398 Justice Department Justice Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1890-1891 2017-28223 Labor Department Labor Department See Occupational Safety and Health Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1894-1895 2017-28225 Land Land Management Bureau NOTICES Plats of Survey: Idaho, 1628 2018-00459 Management Management and Budget Office NOTICES Requests for Information: Current and Emerging Techniques for Linking and Analyzing Combined Data, etc., 1634-1635 2018-00400 NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1950-1961 2017-28242 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 1623-1624 2018-00439 Fogarty International Center Advisory Board, 1622 2018-00440 National Arthritis and Musculoskeletal and Skin Diseases, 1623 2018-00443 National Institute of Allergy and Infectious Diseases, 1623 2018-00441 2018-00442 National Institute on Drug Abuse, 1621-1622 2018-00444 2018-00445 Nuclear Regulatory Nuclear Regulatory Commission RULES Adjustment of Civil Penalties for Inflation for Fiscal Year 2018, 1515-1517 2018-00368 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 2018-2020 2017-28246 NOTICES Meetings: Advisory Committee on Reactor Safeguards Subcommittee on APR1400, 1636 2018-00424 Meetings; Sunshine Act, 1635-1636 2018-00629 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1629-1630 2018-00391 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cotton Dust Standard, 1633-1634 2018-00393 National Fall Safety Stand-Down to Prevent Falls in Construction, 1630-1632 2018-00394 Telecommunications, 1632-1633 2018-00392 Patent Patent and Trademark Office RULES Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks; Correction, 1559 2018-00428 Pension Benefit Pension Benefit Guaranty Corporation RULES Adjustment of Civil Penalties for Inflation, 1555-1556 2018-00406 Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 1553-1555 2018-00348 Presidential Documents Presidential Documents EXECUTIVE ORDERS Veterans; Support During Transition From Uniformed Service to Civilian Life (EO 13822), 1513-1514 2018-00630 ADMINISTRATIVE ORDERS Broadband Power Facilities in Rural America; Deployment on Department of the Interior Properties (Memorandum of January 8, 2018), 1511-1512 2018-00628 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recreation Visitor Use Survey, 1628-1629 2018-00449 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda; Regulatory Plan, 1664-1821 2017-28207 Securities Securities and Exchange Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 2022-2026 2017-28247 NOTICES Applications: Harbor Funds and Harbor Capital Advisors, Inc., 1644-1646 2018-00431 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 1651 2018-00407 Cboe C2 Exchange, Inc., 1643-1644 2018-00408 Cboe EDGX Exchange, Inc., 1647-1651 2018-00413 Cboe Exchange, Inc., 1639-1642 2018-00410 2018-00412 Nasdaq GEMX, LLC, 1646-1647 2018-00411 Nasdaq ISE, LLC, 1636-1639 2018-00409 Small Business Small Business Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1944-1948 2017-28235 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1651-1654 2018-00396 Penalty Inflation Adjustments for Civil Monetary Penalties, 1654-1655 2018-00487 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Romance and Reason: Islamic Transformations of the Classical Past, 1655 2018-00402 Environmental Assessments; Availability, etc.: Borrego Pipeline Presidential Permit Application, Webb County, TX, 1655-1656 2018-00472 Surface Transportation Surface Transportation Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 2028 2017-28248 NOTICES Acquisitions and Operation Exemptions: Elkhart and Western Railroad Co.; Line of CSX Transportation, Inc. between Monon and Monticello, in White County, IN, 1656 2018-00419 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Actions Taken at December 8, 2017, 1656-1657 2018-00466 Transportation Department Transportation Department See Federal Aviation Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1898-1923 2017-28231 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 1926 2017-28232 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1659-1660 2018-00416 Meetings: Debt Management Advisory Committee, 1660-1661 2018-00384 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Appeal or Motion, 1624-1625 2018-00446 U.S. China U.S.-China Economic and Security Review Commission NOTICES Public Hearings, 1661 2018-00464 Separate Parts In This Issue Part II Regulatory Information Service Center, 1664-1821 2017-28207 Part III Agriculture Department, 1824-1829 2017-28205 Part IV Commerce Department, 1832-1848 2017-28208 Part V Defense Department, 1850-1851 2017-28206 Part VI Energy Department, 1854-1857 2017-28209 Part VII Health and Human Services Department, 1860-1870 2017-28220 Part VIII Homeland Security Department, 1872-1879 2017-28212 Part IX Housing and Urban Development Department, 1882-1883 2017-28214 Part X Interior Department, 1886-1887 2017-28216 Part XI Justice Department, 1890-1891 2017-28223 Part XII Labor Department, 1894-1895 2017-28225 Part XIII Transportation Department, 1898-1923 2017-28231 Part XIV Treasury Department, 1926 2017-28232 Part XV Architectural and Transportation Barriers Compliance Board, 1928-1929 2017-28233 Part XVI Environmental Protection Agency, 1932-1938 2017-28234 Part XVII General Services Administration, 1940-1942 2017-28236 Part XVIII Small Business Administration, 1944-1948 2017-28235 Part XIX Defense Department, 1950-1961 2017-28242 General Services Administration, 1950-1961 2017-28242 National Aeronautics and Space Administration, 1950-1961 2017-28242 Part XX Commodity Futures Trading Commission, 1964-1965 2017-28240 Part XXI Bureau of Consumer Financial Protection, 1968-1972 2017-28241 Part XXII Consumer Product Safety Commission, 1974-1977 2017-28243 Part XXIII Federal Communications Commission, 1980-2011 2017-28244 Part XXIV Federal Reserve System, 2014-2015 2017-28245 Part XXV Nuclear Regulatory Commission, 2018-2020 2017-28246 Part XXVI Securities and Exchange Commission, 2022-2026 2017-28247 Part XXVII Surface Transportation Board, 2028 2017-28248 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 9 Friday, January 12, 2018 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 13 [NRC-2016-0166] RIN 3150-AJ83 Adjustment of Civil Penalties for Inflation for Fiscal Year 2018 AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is amending its regulations to adjust the maximum Civil Monetary Penalties

(CMPs)it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA from $285,057 to $290,875 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $10,957 to $11,181 for each false claim or statement. DATES: This final rule is effective on January 15, 2018. ADDRESSES: Please refer to Docket ID NRC-2016-0166 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: • *Federal Rulemaking website: Go to http://www.regulations.gov* and search for Docket ID NRC-2016-0166. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: *Carol.Gallagher@nrc.gov* . For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly-available documents online in the ADAMS Public Documents collection at *http://www.nrc.gov/reading-rm/adams.html* . To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room

(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by email to *pdr.resource@nrc.gov* . The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. • *NRC's PDR:* You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Eric Michel, Office of the General Counsel, telephone: 301-415-0932, email: *Eric.Michel2@nrc.gov,* U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Discussion III. Rulemaking Procedure IV. Section-by-Section Analysis V. Regulatory Analysis VI. Regulatory Flexibility Act VII. Backfitting and Issue Finality VIII. Plain Writing IX. National Environmental Policy Act X. Paperwork Reduction Act XI. Congressional Review Act I. Background Congress passed the FCPIAA in 1990 to allow for regular adjustment for inflation of CMPs, maintain the deterrent effect of such penalties and promote compliance with the law, and improve the collection of CMPs by the Federal government (Pub L. 101-410, 104 Stat. 890; 28 U.S.C. 2461 note). Pursuant to this authority, and as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-34, 110 Stat. 1321-373), the NRC increased via rulemaking the CMP amounts for violations of the AEA (codified at § 2.205 of title 10 of the *Code of Federal Regulations* (10 CFR)) and Program Fraud Civil Remedies Act (codified at § 13.3) on four occasions between 1996 and 2008. 1 1 Adjustment of Civil Penalties for Inflation, 73 FR 54,671 (Sept. 23, 2008); Adjustment of Civil Penalties for Inflation, 69 FR 62,393 (Oct. 26, 2004); Adjustment of Civil Penalties for Inflation; Miscellaneous Administrative Changes, 65 FR 59,270 (Oct. 4, 2000); Adjustment of Civil Monetary Penalties for Inflation, 61 FR 53,554 (Oct. 11, 1996). An adjustment was not performed in 2012 because the FCPIAA at the time required agencies to round their CMP amounts to the nearest multiple of $1,000 or $10,000, depending on the size of the CMP amount, and the 2012 adjustments based on the statutory formula were small enough that no adjustment resulted. On November 2, 2015, Congress amended the FCPIAA through the 2015 Improvements Act (Sec. 701, Pub. L. 114-74, 129 Stat. 599). The 2015 Improvements Act required that the head of each agency perform an initial “catch-up” adjustment via rulemaking, adjusting the CMPs enforced by that agency according to the percentage change in the Consumer Price Index

(CPI)between the month of October 2015 and the month of October of the calendar year when the CMP amount was last established by Congress. The NRC performed this catch-up rulemaking on July 1, 2016 (81 FR 43019). The 2015 Improvements Act also requires that the head of each agency continue to adjust CMP amounts, rounded to the nearest dollar, on an annual basis. Specifically, each CMP is to be adjusted based on the percentage change between the CPI for the previous month of October, and the CPI for the month of October in the year preceding that. The NRC most recently adjusted its civil penalties for inflation according to this statutory formula on January 24, 2017 (82 FR 8133). This year's adjustment is based on the percentage change between the CPI for October 2017 and October 2016. II. Discussion Section 234 of the AEA limits civil penalties for violations of the AEA to $100,000 per day, per violation (42 U.S.C. 2282). However, as discussed in Section I, “Background,” of this document, the NRC has increased this amount several times since 1996 per the FCPIAA, as amended. Using the formula in the 2015 Improvements Act, the $285,057 amount last established in January 2017 will increase by 2.041%, resulting in a new CMP amount of $290,875. This is based on the percentage change between the October 2017 CPI (246.663) and the October 2016 CPI (241.729). Therefore, the NRC is amending § 2.205 to reflect a new maximum CMP under the AEA in the amount of $290,875 per day, per violation. This represents an increase of $5,818. Monetary penalties under the Program Fraud Civil Remedies Act were established in 1986 at $5,000 per claim (Pub. L. 99-509, 100 Stat. 1938; 31 U.S.C. 3802). The NRC has also adjusted this amount (currently set at $10,957) multiple times pursuant to the FCPIAA, as amended, since 1996. Using the formula in the 2015 Improvements Act, the $10,957 amount last established in January 2017 will also increase by 2.041%, resulting in a new CMP amount of $11,181. Therefore, the NRC is amending § 13.3 to reflect a new maximum CMP amount of $11,181 per claim or statement. This represents an increase of $224. As permitted by the 2015 Improvements Act, the NRC may apply these increased CMP amounts to any penalties assessed by the agency after the effective date of this rulemaking (January 15, 2018), regardless of whether the associated violation occurred before or after this date (Pub. L. 114-74, 129 Stat. 600; 28 U.S.C. 2461 note). The NRC assesses civil penalty amounts for violations of the AEA based on the class of licensee and severity of the violation, in accordance with the NRC Enforcement Policy (ADAMS Accession No. ML16197A561). A corresponding update to the NRC Enforcement Policy to reflect the updated CMP amount in § 2.205 will be published in the near future. III. Rulemaking Procedure The 2015 Improvements Act expressly exempts this final rule from the notice and comment requirements of the Administrative Procedure Act, by directing agencies to adjust CMPs for inflation “notwithstanding section 553 of title 5, United States Code” (Pub. L. 114-74, 129 Stat. 599; 28 U.S.C. 2461 note). As such, this final rule is being issued without prior public notice or opportunity for public comment, with an immediate effective date. IV. Section-by-Section Analysis Paragraph

(j)in § 2.205 is revised by replacing “$285,057” with “$290,875”. Paragraphs (a)(1)(iv) and (b)(1)(ii) in § 13.3 are revised by replacing “$10,957” with “$11,181”. V. Regulatory Analysis This final rule adjusts for inflation the maximum CMPs the NRC may assess under the AEA and under the Program Fraud Civil Remedies Act of 1986. The formula for determining the amount of the adjustment is mandated by Congress in the FCPIAA, as amended by the 2015 Improvements Act (codified at 28 U.S.C. 2461 note). Congress passed this legislation on the basis of its findings that the power to impose monetary civil penalties is important to deterring violations of Federal law and furthering the policy goals of Federal laws and regulations. Congress has also found that inflation diminishes the impact of these penalties and their effect. The principal purposes of this legislation are to provide for adjustment of civil monetary penalties for inflation, maintain the deterrent effect of civil monetary penalties, and promote compliance with the law. Therefore, these are the anticipated impacts of this rulemaking. Direct monetary impacts fall only upon licensees or other persons subjected to NRC enforcement for violations of the AEA and regulations and orders issued under the AEA (§ 2.205), or those licensees or persons subjected to liability pursuant to the provisions of the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812) and the NRC's implementing regulations (10 CFR part 13). VI. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to regulations for which a Federal agency is not required by law, including the rulemaking provisions of the Administrative Procedure Act, 5 U.S.C 553(b), to publish a general notice of proposed rulemaking (5 U.S.C. 604). As discussed in this notice under Section III., “Rulemaking Procedure,” the NRC has determined that this final rule is exempt from the requirements of 5 U.S.C. 553(b) and notice and comment need not be provided. Accordingly, the NRC also determines that the requirements of the Regulatory Flexibility Act do not apply to this final rule. VII. Backfit and Issue Finality The NRC has not prepared a backfit analysis for this final rule. This final rule does not involve any provision that would impose a backfit, nor is it inconsistent with any issue finality provision, as those terms are defined in 10 CFR chapter I. As mandated by Congress, this final rule increases CMP amounts for violations of already-existing NRC regulations and requirements. This final rule does not modify any licensee systems, structures, components, designs, approvals, or procedures required for the construction or operation of any facility. VIII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883). IX. National Environmental Policy Act The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. X. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995. XI. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Confidential business information; Freedom of information, Environmental protection, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. 10 CFR Part 13 Administrative practice and procedure, Claims, Fraud, Organization and function (Government agencies), Penalties. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; 28 U.S.C. 2461 note; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 13: PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 2 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under 28 U.S.C. 2461 note. 2. In § 2.205, revise paragraph

(j)to read as follows: § 2.205 Civil penalties.

(j)*Amount.* A civil monetary penalty imposed under Section 234 of the Atomic Energy Act of 1954, as amended, or any other statute within the jurisdiction of the Commission that provides for the imposition of a civil penalty in an amount equal to the amount set forth in Section 234, may not exceed $290,875 for each violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purposes of computing the applicable civil penalty. PART 13—PROGRAM FRAUD CIVIL REMEDIES 3. The authority citation for part 13 continues to read as follows: Authority: 31 U.S.C. 3801 through 3812; 44 U.S.C. 3504 note. Section 13.3 also issued under 28 U.S.C. 2461 note. Section 13.13 also issued under 31 U.S.C. 3730. 4. In § 13.3, revise paragraphs (a)(1)(iv) and (b)(1)(ii) to read as follows: § 13.3 Basis for civil penalties and assessments.

(a)* * *

(1)* * *

(iv)Is for payment for the provision of property or services which the person has not provided as claimed, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,181 for each such claim.

(b)* * *

(1)* * *

(ii)Contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,181 for each such statement. Dated in Rockville, Maryland, this 28th day of December, 2017. For the Nuclear Regulatory Commission. Frederick D. Brown, Acting Executive Director for Operations. [FR Doc. 2018-00368 Filed 1-11-18; 8:45 am]

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