Unknown. Final rule
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/register/2018/12/03/2018-26160·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-2018-12-03.xml --- 83 232 Monday, December 3, 2018 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62290 2018-26174 Agriculture Agriculture Department See Food and Nutrition Service See Rural Business-Cooperative Service Coast Guard Coast Guard RULES Drawbridge Operations: Delaware River, Burlington, NJ and Bristol, PA, 62250 2018-26148 South Branch of the Elizabeth River, Chesapeake, VA, 62250-62251 2018-26112 Safety Zones:
Annual Fireworks Displays within the Sector Columbia River Captain of the Port Zone, 62259-62262 2018-26151 Arthur Kill and Old Place Creek, Elizabeth, NJ and Staten Island, NY, 62253-62256 2018-26187 Humboldt Bay Bar and Entrance Channel, Eureka, CA, Noyo River Entrance Channel, Ft. Bragg, CA, and Crescent City Harbor Entrance Channel, Crescent City, CA, 62256-62258 2018-26105 Mississippi Canyon Block 20, South of New Orleans, LA, Gulf of Mexico, 62251-62253 2018-26147 Security Zones:
Annual Events in the Captain of the Port Detroit Zone—North American International Auto Show, Detroit River, Detroit MI, 62258-62259 2018-26149 Special Local Regulations: Seminole Hard Rock Winterfest Holiday Boat Parade, 62249 2018-26098 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission RULES Safety Standard for Cigarette Lighters:
Adjusted Customs Value, 62241-62242 2018-26160 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claims and Appeals, 62324-62325 2018-26164 Identification of Predecessors, 62323-62324 2018-26104 Subcontract Consent and Contractors' Purchasing System Review, 62321-62322 2018-26165 Meetings: Uniform Formulary Beneficiary Advisory Panel, 62310-62311 2018-26188 Drug Drug Enforcement Administration NOTICES Exempt Chemical Preparations Under the Controlled Substances Act, 62347-62375 2018-26067 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Longitudinal Transition Study 2012 Phase II, 62312-62313 2018-26197 Study of State Implementation of the Unsafe School Choice Option, 62311-62312 2018-26163 Employment and Training Employment and Training Administration NOTICES Trade Adjustment Assistance Eligibility Determinations, 62377-62384 2018-26189 2018-26190 Worker Adjustment Assistance Eligibility Investigations, 62375-62377 2018-26191 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Accidental Release Prevention Requirements:
Risk Management Programs under the Clean Air Act, 62268-62269 2018-26224 Additional Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards, 62269 C1--2018--11838 Air Quality State Implementation Plans; Approvals and Promulgations: South Dakota; Regional Haze 5-Year Progress Report State Implementation Plan, 62262-62268 2018-26179 PROPOSED RULES Outer Continental Shelf Air Regulations: Consistency Update for Delaware, 62283-62289 2018-25886 NOTICES Proposed CERCLA Administrative Settlement Agreement:
A and L Iron and Metal Company, Inc., 62319-62320 2018-26230 Federal Aviation Federal Aviation Administration NOTICES Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees for the Period of January 1, 2019, through December 31, 2019, 62399 2018-26199 Federal Election Federal Election Commission PROPOSED RULES Rulemaking Petition: Advisory Opinion Procedures, 62283 2018-26111 Definition of Contribution, 62282-62283 2018-26107 NOTICES Meetings; Sunshine Act, 62320 2018-26296 2018-26367 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declarations:
Alabama; Amendment No. 1, 62329-62330 2018-26099 Flood Hazard Determinations, 62330-62331 2018-26101 Flood Hazard Determinations; Changes, 62334-62338 2018-26129 2018-26173 Flood Hazard Determinations; Proposals, 62331-62333 2018-26102 2018-26103 Major Disaster and Related Determinations: Alabama, 62333-62334 2018-26100 Major Disaster Declarations: North Carolina; Amendment No. 10, 62330 2018-26133 Federal Energy Federal Energy Regulatory Commission RULES Standards for Business Practices of Interstate Natural Gas Pipelines, 62242-62249 2018-26158 NOTICES Applications:
Golden Pass Products LLC; Golden Pass LNG Terminal LLC, 62316-62317 2018-26206 Sparhawk, LLC, 62317 2018-26203 Combined Filings, 62314-62315 2018-26157 Environmental Review: D'Lo Gas Storage, LLC; D'Lo Natural Gas Storage Project Amendment, 62318-62319 2018-26205 Filings: Empire Pipeline, Inc., 62315 2018-26204 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: AES Shady Point, LLC, 62313-62314 2018-26155 License Applications: Alice Falls Hydro, LLC, 62313 2018-26200 Records Governing Off-the-Record Communications, 62317-62318 2018-26159 Requests for Waivers:
Missouri Basin Municipal Power Agency, 62314 2018-26120 Requests under Blanket Authorization: Southern Star Central Gas Pipeline, Inc., 62315-62316 2018-26119 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 62320 2018-26314 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62399-62401 2018-26177 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 62320-62321 2018-26192 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 62320 2018-26193 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal-State Supplemental Nutrition Programs Agreement, 62290-62292 2018-26128 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 62401 2018-26126 General Services General Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Claims and Appeals, 62324-62325 2018-26164 Identification of Predecessors, 62323-62324 2018-26104 Subcontract Consent and Contractors' Purchasing System Review, 62321-62322 2018-26165 Environmental Impact Statements; Availability, etc.: New U.S. Land Port of Entry in Madawaska, Maine and Madawaska-Edmundston International Bridge Project, 62322-62323 2018-26125 Health and Human Health and Human Services Department See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 62325-62326 2018-26122 Health Resources Health Resources and Services Administration NOTICES Charter Renewals: National Advisory Council on Nurse Education and Practice, 62325 2018-26123 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection PROPOSED RULES Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens, 62406-62447 2018-26106 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Rural Capacity Building, 62339 C1--2018--24492 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Catalyst Initiative: The Roles of Libraries and Museums as Enablers of Community Vitality and Co-Creators of Positive Community Change Program Cohort Evaluation, 62386-62387 2018-26210 Interior Interior Department See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 62402-62403 2018-26161 2018-26162 2018-26208 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 62292-62293 2018-26171 Certain Steel Racks from the People's Republic of China, 62297-62300 2018-26172 Initiation of Five-Year (Sunset) Reviews, 62296-62297 2018-26213 Opportunity to Request Administrative Review, 62293-62296 2018-26169 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Submarine Telecommunication Systems and Components Thereof, 62345 2018-26180 Glycine from China, India, Japan, and Thailand, 62345-62347 2018-26181 Steel Nails from China; Institution of a Five-Year Review, 62342-62345 2018-26136 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration, 62384-62385 2018-26109 H-2A Sheepherder Recordkeeping Requirement, 62385-62386 2018-26110 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mineral Surveys, Mineral Patent Applications, Adverse Claims, Protests, and Contests, 62339-62340 2018-26229 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Claims and Appeals, 62324-62325 2018-26164 Identification of Predecessors, 62323-62324 2018-26104 Subcontract Consent and Contractors' Purchasing System Review, 62321-62322 2018-26165 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62301 2018-26152 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Entrance on Duty System, 62301-62302 2018-26150 Meetings: Board of Overseers of the Malcolm Baldrige National Quality Award, 62300 2018-26135 Workshop on Computational Models for Large Outdoor Fires, 62301 2018-26175 National Institute National Institutes of Health NOTICES Meetings: Evaluating the Therapeutic Potential of Cannabinoids: How to Conduct Research within the Current Regulatory Framework, 62326-62327 2018-26127 National Institute of Nursing Research, 62326 2018-26113 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States:
Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater Trawl Gear in the Trawl Rationalization Program, 62269-62281 2018-26194 NOTICES Fishing Capacity Reduction Program for the Pacific Coast Groundfish Fishery, 62308-62309 2018-26207 Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery, 62302-62308 2018-26178 Meetings: Pacific Fishery Management Council, 62309 2018-26186 Western Pacific Fishery Management Council, 62309-62310 2018-26185 National Park National Park Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Native American Graves Protection and Repatriation Regulations, 62340-62341 2018-26142 Nomination of Properties for Listing in the National Register of Historic Places, 62341-62342 2018-26141 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62387-62388 2018-26137 Meetings; Sunshine Act, 62388 2018-26301 Navy Navy Department RULES Indexing, Public Inspection, and Federal Register Publication of Department of Navy Directives and Other Documents Affecting the Public, 62249 2018-26134 NOTICES Exclusive Patent Licenses;
Approvals: Vedevo, Inc., 62311 2018-26212 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 62388-62389 2018-26176 Postal Service Postal Service NOTICES Product Changes: First-Class Package Service Negotiated Service Agreement, 62389 2018-26116 Priority Mail Express and Priority Mail Negotiated Service Agreement, 62389 2018-26117 2018-26118 Priority Mail Express Negotiated Service Agreement, 62389-62390 2018-26115 Priority Mail Negotiated Service Agreement, 62389 2018-26114 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 62390 2018-26124 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62292 2018-26184 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 62396 2018-26277 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 62395-62396 2018-26139 Cboe C2 Exchange, Inc., 62396 2018-26140 Cboe EDGX Exchange, Inc., 62390-62391, 62394-62395 2018-26144 2018-26145 Nasdaq BX, Inc., 62391-62392 2018-26138 The Nasdaq Stock Market LLC, 62392-62394 2018-26143 Small Business Small Business Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 62397-62398 2018-26154 Disaster Declarations: Alabama, 62397 2018-26182 Hawaii, 62396-62397 2018-26183 State Department State Department NOTICES Environmental Impact Statements; Availability, etc.: Proposed Keystone XL Pipeline, 62398 2018-26146 Surface Transportation Surface Transportation Board NOTICES Discontinuances of Service Exemptions: CSX Transportation, Inc. in Vermilion County, IL, 62398-62399 2018-26227 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Suspension of Deportation or Special Rule Cancellation of Removal, 62338-62339 2018-26166 Customs U.S. Customs and Border Protection NOTICES Final Determinations: Airlift PTTD Brace, 62327-62328 2018-26167 Certain Jet Fuel, 62328-62329 2018-26168 Separate Parts In This Issue Part II Homeland Security Department, 62406-62447 2018-26106 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. 83 232 Monday, December 3, 2018 Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1210 Safety Standard for Cigarette Lighters; Adjusted Customs Value for Cigarette Lighters AGENCY: Consumer Product Safety Commission.
ACTION: Final rule. SUMMARY: The Commission's safety standard for disposable and novelty lighters includes specified requirements for child resistance. The standard defines “disposable lighters,” in part, as refillable lighters that use butane or similar fuels that have a Customs Value or ex-factory price below a threshold value (initially set at $2.00 in 1993). The standard provides that the initial $2.00 value adjusts every 5 years for inflation. This document revises the cigarette lighter standard to adjust the import value to $2.75.
DATES: The rule is effective December 3, 2018. FOR FURTHER INFORMATION CONTACT: Julio Alvarado, Office of Compliance, Consumer Product Safety Commission, Washington, DC 20207; telephone
(301)504-7418; email: *jalvarado@cpsc.gov.* SUPPLEMENTARY INFORMATION: A. Background In 1993, the Commission issued a standard requiring disposable and novelty lighters to meet certain requirements for child resistance. The standard, as originally written, defines “disposable lighters” as those that are either:
(1)Non-refillable, or
(2)use butane or similar fuels and have “a Customs Valuation or ex-factory price under $2.00, as adjusted every 5 years, to the nearest $0.25, in accordance with the percentage changes in the monthly Wholesale Price Index from June 1993.” 1 58 FR 37584 (July 12, 1993). 1 The name of the Wholesale Price Index has changed to the Producer Price Index (PPI). The specific PPI that includes cigarette lighters is the PPI for “Miscellaneous Fabricated Products.” The standard adjusts the $2.00 threshold in accordance with inflation, with the adjustment to be rounded to the nearest 25 cents. Adjustment did not occur in 1998 because the change in the PPI since June 1993 was not sufficient to warrant an adjustment. Adjustment did occur in 2003 (to $2.25). Accordingly, the Commission revised the cigarette standard to the adjusted amount. 69 FR 19763 (April 14, 2004). At that time, the reference to the Wholesale Price Index was also revised to refer instead to the Producer Price Index (PPI). No adjustment occurred in 2008. An adjustment occurred in 2013 (to $2.50) and the Commission revised the cigarette standard to reflect the adjusted amount. 78 FR 52679 (August 26, 2013). CPSC staff has calculated the PPI for Miscellaneous Fabricated Products to have increased by approximately 36 percent from June 1993 to June 2018. Under 16 CFR 1210.2(b)(2)(ii), this increase in the PPI merits an adjustment in the Customs Value or ex-factory price to $2.75 as the threshold for determining whether refillable lighters are within the scope of the cigarette lighter standard. The increase in the PPI (from 124.7 in June 1993 to 169.5 in June 2018) of approximately 36 percent yielded an adjustment to $2.72 per lighter, which rounds to $2.75. Thus, refillable lighters with a Customs Value or ex-factory price under $2.75 are now subject to the standard. As the cigarette lighter standard is written, the Customs Value or ex-factory price adjusts automatically based on the PPI, and no change in the language of the rule is required to implement this change. However, we are revising the standard so that the CFR will state the properly adjusted $2.75 [c]ustoms [v]alue, and the public will have notice of the adjustment. B. The Administrative Procedures Act Section 553(b)(3)(B) of the Administrative Procedure Act
(APA)authorizes an agency to dispense with notice and comment procedures when the agency, for good cause, finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” This amendment informs the public of an adjustment to the cigarette lighter regulatory standard that has occurred automatically according to the terms of the cigarette lighter regulation. Because the adjustment occurs by terms of the regulation, the Commission could not alter the adjustment based on any public comments the Commission received. Accordingly, the Commission finds that notice and comment are unnecessary. The APA also authorizes an agency, “for good cause found and published with the rule,” to dispense with the otherwise applicable requirement that a rule be published in the **Federal Register** at least 30 days before its effective date. 5 U.S.C. 553(d)(3). The Commission hereby finds that a 30-day delay of the effective date is unnecessary because this amendment informs the public of an adjustment that already has occurred in accordance with the existing regulatory requirements of the cigarette lighter standard. List of Subjects in 16 CFR Part 1210 Cigarette lighters, Consumer protection, Fire prevention, Hazardous materials, Infants and children, Labeling, Packaging and containers, Reporting and recordkeeping requirements. Accordingly, 16 CFR part 1210 is amended as follows: PART 1210—SAFETY STANDARD FOR CIGARETTE LIGHTERS 1. The authority citation for part 1210 continues to read as follows: Authority: 15 U.S.C. 2056, 2058, 2079(d). 2. Revise § 1210.2(b)(2)(ii) to read as follows: § 1210.2 Definitions.
(b)* * *
(2)* * *
(ii)It has a Customs Valuation or ex-factory price under $2.00, as adjusted every 5 years, to the nearest $0.25, in accordance with the percentage changes in the appropriate monthly Producer Price Index (Producer Price Index for Miscellaneous Fabricated Products) from June 1993. The adjusted figure, based on the change in that Index since June 1993, is $2.75. Abioye E. Mosheim, Acting Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2018-26160 Filed 11-30-18; 8:45 am]
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