Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-12-19.xml --- 83 243 Wednesday, December 19, 2018 Contents Agriculture Agriculture Department See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65138-65139 2018-27410 Privacy Act; Systems of Records, 65135-65138 2018-27475 Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act: Border Security Technology Consortium, 65182 2018-27456 Efficacy Task Force, LLC, 65182-65183 2018-27459 The Open Group, LLC, 65181-65182 2018-27460 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65155 2018-27448 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65167-65169 2018-27398 Civil Rights Civil Rights Commission NOTICES Meetings: Nebraska Advisory Committee, 65140 2018-27415 Coast Guard Coast Guard RULES Drawbridge Operations: Atlantic Intracoastal Waterway, Boca Raton, FL, 65081-65083 2018-27386 Safety Zones: Lower Mississippi River, Mile Markers 229.5 to 230.5 Baton Rouge, LA, 65083-65085 2018-27466 Monongahela River, Miles 91.7 to 92.3, Maidsville, WV, 65085-65087 2018-27445 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Copyright Royalty Board Copyright Royalty Board RULES Determination of Royalty Rates and Terms for Transmission of Sound Recordings by Satellite Radio and ''Preexisting'' Subscription Services, 65210-65270 2018-26922 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65156 2018-27446 Privacy Act; Systems of Records, 65158-65161, 65156-65158 2018-27416 2018-27455 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Eliminating the End Use Reporting Provision in Authorizations for the Export of Liquefied Natural Gas, 65078-65080 2018-27449 PROPOSED RULES Filing of Contracts and Purchase Agreements Associated With the Export of Natural Gas, 65111-65113 2018-27450 NOTICES Request for Information:

Challenges and Opportunities for the American Solar Industry, 65161 2018-27451 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Interstate Transport Requirements for Ozone, Fine Particulate Matter, and Sulfur Dioxide, 65093-65101 2018-27477 Kentucky; Updates to Attainment Status Designations, 65088-65091 2018-27356 North Carolina Miscellaneous Revisions, 65091-65093 2018-27358 Final Approval of State Underground Storage Tank Program Revisions:

North Dakota, 65104-65107 2018-27420 Final Authorization of State Hazardous Waste Management Program Revisions: North Dakota, 65101-65104 2018-27422 PROPOSED RULES Approval of Operating Permits Program; Kansas; Reporting Emission Data, Emission Fees and Process Information, 65115-65116 2018-27457 Authorization of State Hazardous Waste Management Program Revisions: North Dakota, 65116-65117 2018-27423 Authorization of State Underground Storage Tank Program Revisions: North Dakota, 65117-65118 2018-27421 NOTICES Receipt of Information:

Toxic Substances Control Act, 65163 2018-27479 Underground Injection Control Programs: Hazardous Waste Injection Restrictions; Petition for Exemption Reissuance—Class I Hazardous Waste Injection; TM Corpus Christi Services, LP, Corpus Christi, TX, 65164 2018-27483 Hazardous Waste Injection Restrictions; Petition for Exemption Reissuance—Class I Hazardous Waste Injection; Veolia ES Technical Solutions, LLC; Port Arthur Facility, 65164 2018-27486 Export Import Export-Import Bank NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65164-65165 2018-27482 Federal Aviation Federal Aviation Administration RULES Establishment of Class E Airspace: Hardinsburg, KY, 65080-65081 2018-27255 PROPOSED RULES Establishment of Class E Airspace: Coushatta, LA, 65113-65115 2018-27370 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65165 2018-27471 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Wisconsin Public Service Corp., 65162-65163 2018-27488 Combined Filings, 65161-65162 2018-27474 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 65165-65166 2018-27394 2018-27440 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 65166 2018-27395 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: 12-Month Findings on Petitions To List 13 Species as Endangered or Threatened Species, 65127-65134 2018-27467 Food and Drug Food and Drug Administration NOTICES Guidance:

Breakthrough Devices Program, 65169-65171 2018-27433 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 65199-65200 2018-27453 Foreign Trade Foreign-Trade Zones Board NOTICES Expansions Under Alternative Site Framework: Ponce, PR, 65141 2018-27425 Proposed Production Activities: Bloom Energy Corp., Foreign-Trade Zone 99, Wilmington, DE, 65142 2018-27461 Reorganizations and Expansions Under Alternative Site Framework: Alternative Site Framework Ellis County, TX, 65141-65142 2018-27424 Reorganizations Under Alternate Site Framework:

Foreign-Trade Zone 78, Nashville, TN, 65141 2018-27427 Subzone Applications: Puerto Rico Steel Products Corp., Foreign-Trade Zone 163, Ponce, PR, 65142-65143 2018-27462 General Services General Services Administration NOTICES Meetings: Office of Federal High-Performance Buildings; Green Building Advisory Committee; Conference Calls, 65166-65167 2018-27437 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 Administrative Simplification:

Rescinding the Adoption of the Standard Unique Health Plan Identifier and Other Entity Identifier, 65118-65127 2018-27435 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65171-65172 2018-27469 2018-27470 Homeland Homeland Security Department See Coast Guard NOTICES Privacy Act; Systems of Records, 65176-65179 2018-27390 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Xanthan Gum From the People's Republic of China, 65143-65145 2018-27426 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Fuel Pump Assemblies Having Vapor Separators and Components Thereof, 65180-65181 2018-27414 Certain Insulated Beverage Containers, Components, Labels, and Packaging Material Thereof, 65179-65180 2018-27413 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee, 65181 2018-27397 Justice Department Justice Department See Antitrust Division See Justice Programs Office Justice Programs Justice Programs Office NOTICES Proposed National Institute of Justice Standard Entitled Patrol Rifles for Police Officers, 65183-65184 2018-27396 Proposed Revision of National Institute of Justice Standard;

Autoloading Pistols for Police Officers, 65183 2018-27392 Library Library of Congress See Copyright Royalty Board National Institute National Institute of Standards and Technology NOTICES Meetings: Visiting Committee on Advanced Technology, 65145-65146 2018-27389 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 65174, 65176 2018-27379 2018-27380 National Center for Advancing Translational Sciences, 65175-65176 2018-27383 2018-27384 National Heart, Lung, and Blood Institute, 65175 2018-27382 National Institute of Biomedical Imaging and Bioengineering, 65172-65173 2018-27381 National Institute of Dental and Craniofacial Research, 65173-65175 2018-27376 2018-27377 2018-27378 National Institute on Minority Health and Heath Disparities, 65172, 65176 2018-27374 2018-27375 National Library of Medicine, 65173-65174 2018-27387 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area, 65107-65108 2018-27439 Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska, 65108-65109 2018-27438 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65146, 65155 2018-27463 2018-27464 Fisheries of the Exclusive Economic Zone Off Alaska: North Pacific Observer Program Standard Ex-Vessel Prices, 65146-65155 2018-27441 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

NAC International NAC-UMS Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 6, 65077 2018-27436 Update to Fees for Search and Review of Agency Records by NRC Personnel, 65075-65077 2018-27434 PROPOSED RULES Update to Fees for Search and Review of Agency Records by NRC Personnel, 65110-65111 2018-27168 NOTICES Meetings: Advisory Committee on Reactor Safeguards; Subcommittee on NuScale, 65184 2018-27418 Postal Service Postal Service RULES New Mailing Standards for Domestic Mailing Services Products, 65087-65088 2018-27412 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Wright Brothers Day (Proc. 9833), 65271-65274 2018-27624 ADMINISTRATIVE ORDERS Human Rights Abuse and Corruption; Continuation of National Emergency (Notice of December 18, 2018), 65275-65277 2018-27660 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65139-65140 2018-27070 2018-27073 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 65192-65194 2018-27411 Cboe BZX Exchange, Inc., 65194-65195 2018-27406 Cboe EDGX Exchange, Inc., 65188-65189 2018-27404 ICE Clear Europe, Ltd., 65195-65197 2018-27405 Investors Exchange, LLC, 65186-65188 2018-27403 NYSE Arca, Inc., 65189-65192 2018-27407 2018-27408 The Nasdaq Stock Market, LLC, 65184-65186 2018-27409 State Department State Department NOTICES Meetings:

Preparation for the 6th Session of the International Maritime Organization's Sub-Committee on Navigation, Communication, and Search and Rescue, 65197-65198 2018-27419 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions: Great Northwest Railroad, LLC; Union Pacific Railroad Co., 65198 2018-27468 Trade Representative Trade Representative, Office of United States NOTICES Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 65198-65199 2018-27458 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department NOTICES Funding Availability:

Supportive Services for Veteran Families Program, 65200-65208 2018-27465 Separate Parts In This Issue Part II Library of Congress, Copyright Royalty Board, 65210-65270 2018-26922 Part III Presidential Documents, 65271-65274 2018-27624 Part IV Presidential Documents, 65275-65277 2018-27660 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. 83 243 Wednesday, December 19, 2018 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 9 [NRC-2017-0144] RIN 3150-AK06 Update to Fees for Search and Review of Agency Records by NRC Personnel AGENCY:

Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is amending its regulations to revise the fees charged for search and review of agency records by NRC personnel in response to certain Freedom of Information Act

(FOIA)requests. These revisions are being made to ensure the NRC recovers direct costs of these activities, as required by the FOIA. DATES: This direct final rule is effective March 4, 2019, unless significant adverse comments are received by January 18, 2019. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the **Federal Register** . Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the **Federal Register** . ADDRESSES: You may submit comments by any of the following methods: • *Federal Rulemaking Website:* Go to *http://www.regulations.gov* and search for Docket ID NRC-2017-0144. 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. • *Email comments to: Rulemaking.Comments@nrc.gov.* If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677. • *Fax comments to:* Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101. • *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. • *Hand deliver comments to:* 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677. For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Stephanie Blaney, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6975; email: *Stephanie.Blaney@nrc.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Plain Writing VI. National Environmental Policy Act VII. Paperwork Reduction Act Statement VIII. Regulatory Flexibility Certification IX. Congressional Review Act I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2017-0144 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-2017-0144. • *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 “ *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 this document. • *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. B. Submitting Comments Please include Docket ID NRC-2017-0144 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at *http://www.regulations.gov* as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Rulemaking Procedure Because the NRC considers this action to be non-controversial, the NRC is using the “direct final rule procedure” for this rule. The rule will become effective on March 4, 2019. However, if the NRC receives significant adverse comments on this direct final rule by January 18, 2019, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the **Federal Register** . Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the NRC staff to make a change (other than editorial) to the rule. For detailed instructions on filing comments, please see the ADDRESSES section of this document. III. Background The FOIA provides that any person has a right to request and obtain access to federal agency records, except to the extent that any portions of those records are exempt from public disclosure. The FOIA also authorizes agencies to issue regulations specifying a schedule of fees for the processing of those requests (5 U.S.C. 552(a)(4)(A). These fees are limited to reasonable standard charges for document search, duplication, and review, which may be charged depending on the purpose for which the records are sought and the class of requestor. The NRC's implementing FOIA regulations are found in part 9 of Title 10 of the *Code of Federal Regulations* (10 CFR). The NRC charges fees for the search and review of agency records in accordance with § 9.37, “Fees for search and review of agency records by NRC personnel,” (although as specified in § 9.39, “Search and duplication provided without charge,” the NRC will search for records in some instances without charge, and requests for waivers or reduction of fees can be sought as specified in § 9.41, “Requests for waiver or reduction of fees”). Consistent with Office of Management and Budget

(OMB)guidelines on fee schedules (52 FR 10012; March 27, 1987), the NRC recoups the direct costs of search and review by charging the hourly rates of the employees performing the task, plus 16 percent for fringe benefits. These OMB guidelines also provide that, where a homogenous or single class of personnel is used, agencies may establish reasonable average rates for the range of salary grades typically involved. The NRC first established fees for search and review of agency records in 1987 (52 FR 49350; December 31, 1987), and last updated these fees in 2010 (75 FR 41368; July 16, 2010). Recently, as part of the agency's biennial review of fees performed under the Chief Financial Officers Act of 1990 (31 U.S.C. 902(a)(8)), the NRC determined that the search and review rates for agency clerical staff and for professional/managerial staff needed to be increased in order to ensure the NRC continues to recover the direct costs of these activities. Section 9.37 paragraph

(a)will be changed from a GG-7/step 6 salary rate to a GG-9/step 7 salary rate; and paragraph

(b)will be changed from a GG-13/step 6 salary rate to a GG-14/step 7 salary rate. IV. Discussion of Changes The FOIA authorizes agencies to issue regulations specifying a schedule of fees for processing requests from any person who requests access to federal agency records. Consistent with OMB fee schedule guidelines, the NRC recoups the costs associated with the search and review of documents by charging the hourly rates of the employees performing the task, plus 16 percent for fringe benefits. The NRC last updated these fees in 2010. During the agency's biennial review of fees, it was determined that these fees needed to be increased in order to ensure the NRC recovers the direct costs of these activities. V. 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). VI. National Environmental Policy Act The NRC has determined that this direct final rule is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. VII. Paperwork Reduction Act Statement This direct 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. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. VIII. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. Search and review fees, which are borne by persons who voluntarily submit FOIA requests and represent only reasonable costs associated with the NRC's processing of such requests, are typically nominal. Additionally, as discussed above, the FOIA and NRC regulations provide means by which persons can request waiver or reduction of fees. IX. Congressional Review Act This direct final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, OMB has not found it to be a major rule as defined in the Congressional Review Act. List of Subjects in 10 CFR Part 9 Administrative practice and procedure, Courts, Criminal penalties, Freedom of information, Government employees, Privacy, Reporting and recordkeeping requirements, Sunshine Act. 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; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR part 9: PART 9—PUBLIC RECORDS 1. The authority citation for part 9 continues to read as follows: Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note. Subpart A also issued under 31 U.S.C. 9701. Subpart B also issued under 5 U.S.C. 552a. Subpart C also issued under 5 U.S.C. 552b. 2. In § 9.37, revise paragraphs

(a)and

(b)to read as follows: § 9.37 Fees for search and review of agency records by NRC personnel.

(a)Clerical search and review at a salary rate that is equivalent to a GG-9/step 7, plus 16 percent fringe benefits;

(b)Professional/managerial search and review at a salary rate that is equivalent to a GG-14/step 7, plus 16 percent fringe benefits; and Dated at Rockville, Maryland, this 3rd day of December 2018. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2018-27434 Filed 12-18-18; 8:45 am]

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