Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-05-10.xml --- 83 91 Thursday, May 10, 2018 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21774-21776 2018-09934 Agriculture Agriculture Department See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21776-21780 2018-09914 2018-09916 2018-09918 Coast Guard Coast Guard RULES Drawbridge Operations: Reynolds Channel, Nassau County, NY, 21711-21712 2018-09942 Sacramento River, Isleton, CA, 21711 2018-09937 Sacramento River, Sacramento, CA, 21710-21711 2018-09938 Safety Zones: Annual Events in the Captain of the Port Detroit Zone, 21716-21717 2018-09932 Grosse Pointe Farms Fireworks, Lake St. Clair, Grosse Pointe Farms, MI, 21714-21716 2018-09935 Ohio River Mile Marker 27.8 to Mile Marker 28.2, Vanport, PA, 21712-21714 2018-09920 Oregon Inlet, Dare County, NC, 21717-21719 2018-09958 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 21768 2018-10095 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21768-21769 2018-09940 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Extension of Temporary Placement of beta-Hydroxythiofentanyl in Schedule I of Controlled Substances Act, 21834-21835 2018-10009 PROPOSED RULES Schedules of Controlled Substances: Placement of beta-Hydroxythiofentanyl into Schedule I, 21826-21831 2018-10008 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application package for TRIO Training Program for Federal TRIO Programs, 21769 2018-09941 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Regional Haze Plan and Prong 4 (Visibility) for the 2006 and 2012 PM 2.5 , 2010 NO 2 , 2010 SO 2 , and 2008 Ozone NAAQS, 21719-21722 2018-09651 NOTICES Allocations of Cross-State Air Pollution Rule Allowances from New Unit Set-Asides for 2018 Control Periods, 21772-21773 2018-09785 Federal Aviation Federal Aviation Administration NOTICES Meetings:

Fifty First RTCA SC-206 Aeronautical Information and Meteorological Data Link Services

(AIS)Plenary, 21815 2018-09967 Federal Communications Federal Communications Commission RULES Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 21722-21723 2018-09970 Rural Call Completion, 21723-21738 2018-09969 PROPOSED RULES Meetings: Fixed and Mobile Broadband Access; Educational and Other Advanced Services in 2150-2162 and 2500-2690 MHz Bands; Transforming 2.5 GHz Band; Open Commission Meeting, 21747 2018-09973 Temporary Freeze on New or Modified Earth Station Applications in the 3.7-4.2 GHz Band; 90-day Window For Filing Applications Currently Operating in 3.7-4.2 GHz Band, 21746-21747 2018-09943 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21773 2018-09972 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric Applications: Davis and Weber Counties Canal Co., 21770-21772 2018-09963 2018-09964 Staff Attendances, 21769-21770 2018-09965 Federal Highway Federal Highway Administration RULES Right-of-Way and Real Estate; Correction, 21709-21710 2018-09983 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 21773-21774 2018-09936 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21815-21820 2018-09909 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 21774 2018-09944 Food and Drug Food and Drug Administration NOTICES Guidance: S3A Guidance; Note for Guidance on Toxicokinetics; The Assessment of Systemic Exposure in Toxicity Studies; Focus on Microsampling—Questions and Answers; International Council for Harmonisation, 21782-21784 2018-09930 Uncomplicated Urinary Tract Infections; Developing Drugs for Treatment, 21784-21785 2018-09929 Requests for Information: Framework for Assessment of Drug-Drug Interactions for Therapeutic Proteins; Establishment of a Public Docket, 21781-21782 2018-09931 Forest Forest Service NOTICES Meetings: Ketchikan Resource Advisory Committee, 21762 2018-09921 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration NOTICES Meetings: National Vaccine Advisory Committee, 21785-21786 2018-09947 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection NOTICES Meetings: President's National Infrastructure Advisory Council, 21788 2018-09946 Housing Housing and Urban Development Department NOTICES Meetings: Housing Counseling Federal Advisory Committee, 21789-21790 2018-09993 Indian Affairs Indian Affairs Bureau NOTICES Land Acquisitions: The Muscogee (Creek) Nation, 21790 2018-09919 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Residential Washers from Mexico, 21764 2018-09948 International Trade Com International Trade Commission NOTICES Complaints: Certain Full-Capture Arrow Rests and Components Thereof, 21792-21793 2018-09922 Justice Department Justice Department See Drug Enforcement Administration Land Land Management Bureau NOTICES Plats of Survey: Idaho, 21790-21791 2018-10013 National Oceanic National Oceanic and Atmospheric Administration RULES 2018 Annual Determination to Implement the Sea Turtle Observer Requirement, 21738-21744 2018-09957 Atlantic Highly Migratory Species: Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Groups Retention Limit Adjustment, 21744-21745 2018-09945 PROPOSED RULES International Fisheries: Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Limits in Purse Seine and Longline Fisheries, Restrictions on the Use of Fish Aggregating Devices in Purse Seine Fisheries, and Transshipment Prohibitions, 21748-21761 2018-09896 NOTICES Meetings: Caribbean Fishery Management Council, 21767 2018-09951 Gulf of Mexico Fishery Management Council, 21767-21768 2018-09952 New England Fishery Management Council, 21764-21768 2018-09953 2018-09954 2018-09955 2018-09956 Permits: Marine Mammals and Endangered Species, 21765-21766 2018-09959 National Park National Park Service NOTICES Meetings: Tule Springs Fossil Beds National Monument Advisory Council, 21791 2018-09950 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Computer and Information Science and Engineering, 21793 2018-09961 Advisory Committee for Cyberinfrastructure, 21794 2018-09962 Ocean Energy Management Ocean Energy Management Bureau NOTICES Outer Continental Shelf, Alaska OCS Region, Beaufort Sea, Proposed Oil and Gas Lease Sale for 2019, 21791-21792 2018-10012 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit Applications: Hazardous Materials, 21820-21823 2018-09974 2018-09975 2018-09976 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Syria; Continuation of National Emergency (Notice of May 9, 2018), 21837-21840 2018-10199 Rural Business Rural Business-Cooperative Service NOTICES Strategic Economic and Community Development: Reservation of Fiscal Year 2018 Program Funds, 21762-21763 2018-09912 Rural Housing Service Rural Housing Service NOTICES Strategic Economic and Community Development: Reservation of Fiscal Year 2018 Program Funds, 21762-21763 2018-09912 Rural Utilities Rural Utilities Service NOTICES Strategic Economic and Community Development: Reservation of Fiscal Year 2018 Program Funds, 21762-21763 2018-09912 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 21808-21811 2018-09924 Municipal Securities Rulemaking Board, 21794-21808 2018-09933 NYSE Arca, Inc., 21794 2018-09923 Social Social Security Administration RULES Removal of Special Payments at Age 72, 21707-21709 2018-09910 NOTICES Rescission of Social Security Rulings Related to Special Payments at Age 72, 21811-21812 2018-09911 State Department State Department NOTICES Imposition of Nonproliferation Measures Against Foreign Persons, Including a Ban on U.S. Government Procurement, 21812-21813 2018-10091 Trade Representative Trade Representative, Office of United States NOTICES Requests for Nominations: Industry Trade Advisory Committees, 21813-21815 2018-09966 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: TSA Claims Application, 21788-21789 2018-09925 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: AmSpec LLC (Ferndale, WA), 21786-21787 2018-10022 Intertek USA, Inc., 21786 2018-10020 SGS North America, Inc., 21787-21788 2018-10021 Separate Parts In This Issue Part II Justice Department, Drug Enforcement Administration, 21826-21831 2018-10008 Part III Justice Department, Drug Enforcement Administration, 21834-21835 2018-10009 Part IV Presidential Documents, 21837-21840 2018-10199 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 91 Thursday, May 10, 2018 Rules and Regulations SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA-2017-0034] RIN 0960-AI16 Removal of Special Payments at Age 72 AGENCY: Social Security Administration. ACTION: Final rule. SUMMARY: We are removing from the Code of Federal Regulations our “Special Payments at Age 72” rules because they are obsolete. We are removing these rules in accordance with the requirements of Executive Order (E.O.) 13777. DATES: Effective May 10, 2018. FOR FURTHER INFORMATION CONTACT: Linda Appler, Social Security Administration, 410-966-6760 or *Regulations@ssa.gov.* For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our internet site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: We are removing our rules, “Special Payments at Age 72,” in accordance with E.O. 13777 (“Enforcing the Regulatory Reform Agenda”). 1 The Executive Order requires agencies to identify rules that, among other things, are outdated or unnecessary, and repeal, replace, or modify them, consistent with applicable law. These rules, found in sections 404.380-404.384 of our rules, implement section 228 of the Social Security Act (Act). Congress enacted section 228 of the Act in 1966 to provide a special payment to individuals who had little or no chance to become fully insured for regular Social Security benefits during their working years because they were too old when the Social Security program began, or when Social Security coverage was first extended to their jobs. 2 Congress amended section 228 in 1990 to prohibit entitlement to special age 72 payments for individuals who attained age 72 after 1971. 3 We amended our rules in 1992 to reflect this change in the Act. 4 1 82 FR 12285. 2 Section 302 of Public Law 89-368, 80 Stat. 38. 3 Section 5114 of Public Law 101-508, 104 Stat. 1388, 1388-273. 4 57 FR 21598. We are removing these rules from the CFR because they are obsolete and no longer necessary. We are also revising other sections in the CFR to remove references to special age 72 payments. There are no individuals who currently receive special age 72 payments, and no individuals will become entitled to these payments in the future. We are also rescinding several Social Security Rulings

(SSR)that relate to special age 72 payments because those SSRs are also obsolete. We are rescinding, under a separate Notice published concurrently with this final rule, the following SSRs: • SSR 67-28: Section 228(c)(1) and (h)(2).—Special Age 72 Payments For Uninsured Individuals—Reduction Because Of Eligibility For Governmental Pension; • SSR 68-13: Sections 228(c)(1) and 228(h)(2).—Special Age 72 Payments—Governmental Pension System—Teachers' Retirement Fund; • SSR 68-36: Section 228(c) and 228(h)(2).—Special Age 72 Payment—Reduction Because Of Eligibility For Veterans' Administration Pension; • SSR 68-37: Section 228(c) and (h).—Special Age 72 Payment—Eligibility For Teacher's Annuity Purchased From Personal Funds Not Cause For Offset; • SSR 68-52: Sections 228(c)(1), 228(h)(2) and (3).—Special Age 72 Payments For Uninsured Individual—Reduction Due To Commutation Of Periodic Pension; • SSR 68-78: Sections 228(c)(1) and (h)(2).—Special Age 72 Payments For Uninsured Individuals—Reduction Because Of Eligibility For Governmental Pension; • SSR 70-23c: Section 228(c).—Special Age 72 Payments—Effect On Claimant's Eligibility Where Application Not Filed By Spouse Who Is Eligible For Periodic Benefit Under Governmental Pension System; • SSR 72-27: Sections 228 (of Social Security Act) and 103 of Social Security Amendments of 1965.—Special Age 72 and Hospital Insurance Benefits—5 Years Continuous Residence Requirement; and • SSR 74-27c: Sections 205(g), 228(a) and

(e)(42 U.S.C. 405(g), 428(a), and 428(e)).—Special Age 72 Payments—Application and Residence Requirements—Constitutionally [ *sic* ] as to Puerto Rican Residents. Regulatory Procedures Justification for Issuing a Final Rule Without Notice and Comment We follow the Administrative Procedure Act

(APA)rulemaking procedures specified in 5 U.S.C. 553 when we develop regulations. Generally, the APA requires that an agency provide prior notice and opportunity for public comment before issuing a final rule. The APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures because they are impracticable, unnecessary, or contrary to the public interest. We find that there is good cause under 5 U.S.C. 553(b)(B) to issue this regulatory change as a final rule without prior public comment. We find that prior public comment is unnecessary because this final rule only removes from the Code of Federal Regulations obsolete and unnecessary rules that do not affect any living beneficiaries. In addition, we find good cause for dispensing with the 30-day delay in the effective date of this rule provided for in 5 U.S.C. 553(d)(3). For the reasons stated above, we find it unnecessary to delay the effective date of the changes we are making in this final rule. Accordingly, we are making them effective upon publication. Executive Order 12866 as Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget

(OMB)and determined that this final rule does not meet the criteria for a significant regulatory action under E.O. 12866, as supplemented by E.O. 13563. Thus, OMB did not review the final rule. Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities because the rule affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. Paperwork Reduction Act This final rule does not create any new or affect any existing collections and, therefore, does not require OMB approval under the Paperwork Reduction Act. (Catalog of Federal Domestic Assistance Program Social Security—Retirement Insurance; and 96.004, Social Security—Survivors Insurance) List of Subjects in 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-age, Survivors, and Disability Insurance, Reporting and recordkeeping requirements, Social Security. Nancy A. Berryhill, Acting Commissioner of Social Security. For the reasons set out in the preamble, we amend 20 CFR chapter III part 404, Subparts A, B, C, D, E, and G as set forth below: PART 404—FEDERAL OLD AGE, SURVIVORS AND DISABILITY INSURANCE (1950-) Subpart A—Introduction, General Provisions and Definitions 1. The authority citation for subpart A of part 404 continues to read as follows: Authority: Secs. 203, 205(a), 216(j), and 702(a)(5) of the Social Security Act (42 U.S.C. 403, 405(a), 416(j), and 902(a)(5)) and 48 U.S.C. 1801. 2. Amend § 404.2 by revising paragraph (c)(2) to read as follows: § 404.2 General definitions and use of terms.

(c)* * *

(2)*Benefit* means an old-age insurance benefit, disability insurance benefit, wife's insurance benefit, husband's insurance benefit, child's insurance benefit, widow's insurance benefit, widower's insurance benefit, mother's insurance benefit, father's insurance benefit, or parent's insurance benefit under Title II of the Act. (Lump sums, which are death payments under title II of the Act, are excluded from the term benefit as defined in this part to permit greater clarity in the regulations.) Subpart B—Insured Status and Quarters of Coverage 3. The authority citation for subpart B of part 404 continues to read as follows: Authority: Secs. 205(a), 212, 213, 214, 216, 217, 223, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 412, 413, 414, 416, 417, 423, and 902(a)(5)). 4. Amend § 404.110 by revising paragraph (d)(1)(ii) to read as follows: § 404.110 How we determine fully insured status.

(d)* * * (1)* * *

(ii)If you file an application in June 1992 or later and you are not entitled to a benefit under section 227 of the Act in the month the application is made, we may consider you to have at least one QC before 1951 if you have $400 or more total wages before 1951, as defined in paragraph (d)(2) of this section, provided that the number of QCs credited to you under this paragraph plus the number of QCs credited to you for periods after 1950 make you fully insured. Subpart C—Computing Primary Insurance Amounts 5. The authority citation for subpart C of part 404 continues to read as follows: Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)). § 404.271 [Amended] 6. Amend § 404.271 by removing paragraph

(a)and redesignating paragraphs

(b)through

(d)as paragraphs

(a)through (c). 7. Amend § 404.278 by revising paragraph (b)(1) to read as follows: § 404.278 Additional cost-of-living increase.

(b)* * *

(1)To compute the additional increase for all individuals and for maximum benefits payable to a family, we begin with the year in which the insured individual became eligible for old-age or disability benefits to which he or she is currently entitled, or died before becoming eligible. Subpart D—Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability 8. The authority citation for subpart D of part 404 is revised to read as follows: Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 403(a) and (b), 405(a), 416, 423, 425, and 902(a)(5)). 9. Amend § 404.301 by revising paragraphs

(b)and

(c)and removing paragraph (d). The revisions read as follows: § 404.301 Introduction.

(b)*For a worker's dependents,* benefits for a worker's wife, divorced wife, husband, divorced husband, and child; and

(c)*For a worker's survivors,* benefits for a worker's widow, widower, divorced wife, child, and parent, and a lump-sum death payment. 10. Amend § 404.304 by revising paragraph

(e)as follows: § 404.304 What are the general rules on benefit amounts?

(e)*Government pension offset.* If you are entitled to wife's, husband's, widow's, widower's, mother's, or father's benefits and receive a Government pension for work that was not covered under Social Security, your monthly benefits may be reduced because of that pension. For more information about this, see § 404.408a, which covers reductions for Government pensions. §§ 404.380 through 404.384 [Removed and Reserved] 11. Remove the undesignated center heading, “Special Payments at Age 72,” and remove and reserve §§ 404.380 through 404.384. Subpart E—Deductions; Reductions; and Nonpayments of Benefits 12. The authority citation for subpart E of part 404 continues to read as follows: Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 U.S.C. 1801. 13. Amend § 404.401 by revising the introductory text to read as follows: § 404.401 Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments. Under certain conditions, the amount of a monthly insurance benefit or the lump-sum death payment as calculated under the pertinent provisions of sections 202 and 203 of the Act (including reduction for age under section 202(q) of a monthly benefit) must be increased or decreased to determine the amount to be actually paid to a beneficiary. Increases in the amount of a monthly benefit or lump-sum death payment are based upon recomputation and recalculations of the primary insurance amount (see subpart C of this part). A decrease in the amount of a monthly benefit or lump-sum death payment is required in the following instances: 14. Amend § 404.460 by revising paragraph

(a)introductory text to read as follows: § 404.460 Nonpayment of monthly benefits to aliens outside the United States.

(a)*Nonpayment of monthly benefits to aliens outside the United States more than 6 months.* Except as described in paragraph

(b)and subject to the limitations in paragraph

(c)of this section after December 1956 no monthly benefit may be paid to any individual who is not a citizen or national of the United States, for any month after the sixth consecutive calendar month during all of which he is outside the United States, and before the first calendar month for all of which he is in the United States after such absence. Subpart G—Filing of Applications and Other Forms 15. The authority citation for subpart G of part 404 is revised to read as follows: Authority: Secs. 202(i), (j), (o), (p), and (r), 205(a), 216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act (42 U.S.C. 402(i), (j), (o), (p), and (r), 405(a), 416(i)(2), 423(b), 428(a), and 902(a)(5)). 16. Amend § 404.620 by revising paragraph

(a)introductory text and removing and reserving paragraph (b). The revision reads as follows: § 404.620 Filing before the first month you meet the requirements for benefits.

(a)*General rule.* If you file an application for benefits before the first month you meet all the other requirements for entitlement, the application will remain in effect until we make a final determination on your application unless there is an administrative law judge hearing decision on your application. If there is an administrative law judge hearing decision, your application will remain in effect until the administrative law judge hearing decision is issued. § 404.621 [Amended] 17. Amend § 404.621 by removing paragraph

(c)and redesignating paragraphs

(d)and

(e)as paragraphs

(c)and (d). [FR Doc. 2018-09910 Filed 5-9-18; 8:45 am]

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