Unknown. Final rule

2,838 words·~13 min read·/register/2019/02/22/2019-03018

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-2019-02-22.xml --- 84 36 Friday, February 22, 2019 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Almonds Grown in California, 5660-5661 2019-03075 Grain Export Registration Renewal Information, 5660 2019-03076 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Utilities Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5680-5687 2019-03099 2019-03100 2019-03101 2019-03102 Charter Renewals: Board of Scientific Counselors, National Institute for Occupational Safety and Health, 5682 2019-03008 Information for Providers to Share with Male Patients and Parents Regarding Male Circumcision and the Prevention of HIV infection, Sexually Transmitted Infections, and other Health Outcomes, 5681-5682 2019-02907 Meetings: Board of Scientific Counselors, National Center for Injury Prevention and Control, NCIPC;

Correction, 5684-5685 2019-03007 Clinical Laboratory Improvement Advisory Committee, 5684 2019-03009 National Occupational Research Agenda: Healthcare and Social Assistance, 5688 2019-03072 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5690-5692 2019-03015 2019-03079 Medicare Program: Announcement of the Re-Approval of COLA Under the Clinical Laboratory Improvement Amendments of 1988, 5688-5690 2019-03169 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for Grant Reviewer Recruitment Forms, 5692 2019-03068 Civil Rights Civil Rights Commission NOTICES Meetings: District of Columbia Advisory Committee, 5662-5663 2019-03103 Rhode Island Advisory Committee, 5662 2019-03047 Coast Guard Coast Guard NOTICES Meetings: National Boating Safety Advisory Council, 5695-5697 2019-03052 Commerce Commerce Department See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 5664-5665 2019-03070 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fiscal Operations Report for 2018-2019 and Application to Participate 2020-2021 and Reallocation Form, 5665-5666 2019-03069 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Benefit Accuracy Measurement Program, 5723-5724 2019-03003 Energy Department Energy Department NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Northern New Mexico, 5666 2019-03094 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Nonattainment New Source Review Requirements for 2008 8-Hour Ozone Standard, 5598-5601 2019-03109 Texas; Reasonably Available Control Technology, 5601-5603 2019-03096 Authorization of State Hazardous Waste Management Program Revisions: Georgia, 5603-5604 2019-03106 Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine, 5816-5950 2019-01298 PROPOSED RULES Authorization of State Hazardous Waste Management Program Revisions:

Florida, 5650-5654 2019-03105 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ambient Air Quality Surveillance, 5669-5670 2019-03062 Diesel Emissions Reduction Act Rebate Program, 5668-5669 2019-03063 Natural Gas STAR Program, 5676-5677 2019-03060 NESHAP for Coke Oven Batteries, 5677-5678 2019-03054 NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources, 5667-5668 2019-03071 NESHAP for Source Categories: Generic Maximum Achievable Control Technology Standards for Acetal Resin;

Acrylic and Modacrylic Fiber; Hydrogen Fluoride and Polycarbonate Production, 5670-5671 2019-03057 NSPS for Surface Coating of Large Appliances, 5671-5672 2019-03058 Part 70 State Operating Permit Program, 5666-5667 2019-03059 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 5670 2019-02913 Privacy Act; Systems of Records, 5673-5676 2019-03107 Proposed Consent Decree: Clean Air Act Citizen Suit, 5672-5673 2019-03108 Equal Equal Employment Opportunity Commission PROPOSED RULES Age Discrimination in Employment Act, 5624-5629 2019-02664 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus SAS Airplanes, 5584-5586, 5592-5598 2019-02924 2019-02925 2019-02938 The Boeing Company Airplanes, 5587-5592 2019-02930 2019-02932 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 5611-5614, 5617-5620 2019-02926 2019-02931 AmSafe Inc. Seatbelts, 5620-5622 2019-02933 Bombardier, Inc., Airplanes, 5609-5611 2019-02937 The Boeing Company Airplanes, 5614-5617 2019-02923 Amendment of Class E Airspace: Denison, IA, 5622-5624 2019-03093 Foreign Civil Aviation Authority Certifying Statements, 5605-5608 2019-02634 Federal Communications Federal Communications Commission PROPOSED RULES Use of Earth Stations in Motion Communicating with Geostationary Orbit Space Stations in Frequency Bands Allocated to the Fixed Satellite Service, 5654-5659 2019-01487 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 5705-5707 2019-03021 Flood Hazard Determinations;

Changes, 5707-5712 2019-03024 Major Disaster and Related Determinations: Minnesota, 5713 2019-03023 North Carolina, 5712-5713 2019-03022 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5805-5812 2019-03049 2019-03050 2019-03051 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 5678 2019-03092 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5678-5680 2019-03020 Fish Fish and Wildlife Service NOTICES Recovery Permit Applications: Endangered and Threatened Species:, 5713-5715 2019-03074 Food and Drug Food and Drug Administration NOTICES Guidance: Smoking Cessation and Related Indications: Developing Nicotine Replacement Therapy Drug Products, 5693-5694 2019-03064 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5663 2019-03104 International Trade Com International Trade Commission NOTICES Complaints: Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same, 5716-5717 2019-03029 Investigations; Determinations, Modifications, and Rulings, etc.:

Large Residential Washers; Monitoring Developments in the Domestic Industry, 5715-5716 2019-03073 Justice Department Justice Department See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Reporting Requirement for Manufacturers of Listed Chemicals, 5718-5719 2019-03004 Application for Individual Manufacturing Quota for a Basic Class of Controlled Substance and for Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 5722 2019-03006 Application for Registration and Applicaton for Registration Renewal, 5721-5722 2019-03014 Application for Registration under Domestic Chemical Diversion Control Act of 1993, Renewal Application for Registration under Domestic Chemical Diversion Control Act of 1993, 5719-5720 2019-03005 Electronic Applications for the Attorney General's Honors Program and the Summer Law Intern Program, 5717-5718 2019-03090 Reporting and Recordkeeping for Digital Certificates, 5720-5721 2019-03010 Proposed Consent Decree:

Clean Air Act, 5718 2019-03110 Justice Programs Justice Programs Office NOTICES Meetings: Global Justice Information Sharing Initiative Federal Advisory Committee, 5722-5723 2019-03046 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 5583-5584 2019-03018 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Petitions for Modification of Mandatory Safety Standards, 5724-5725 2019-03089 Minority Business Minority Business Development Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Online Customer Relationship Management (CRM)/Performance Databases, 5663-5664 2019-03117 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 5694-5695 2019-03026 2019-03028 2019-03066 Center for Scientific Review;

Cancellation, 5694 2019-03027 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Fisheries of the Exclusive Economic Zone Off Alaska; Alaska Groundfish and Halibut Seabird Working Group, 5664 2019-03013 National Science National Science Foundation NOTICES Environmental Impact Statements; Availability, etc.: Green Bank Observatory, Green Bank, WV, 5725-5726 2019-03017 Meetings: Proposal Review Panel for Physics, 5725 2019-03053 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption:

Northern States Power Co.; Monticello Nuclear Generating Plant, 5726-5733 2019-03055 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration for Federal Employment, 5733-5734 2019-03056 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5734-5736 2019-03036 2019-03048 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5661-5662 2019-03077 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5748, 5783, 5791-5794, 5798 2019-03081 2019-03082 2019-03083 2019-03084 2019-03085 2019-03086 2019-03087 2019-03088 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Credit LLC, 5748-5752 2019-03038 Miami International Securities Exchange LLC, 5745-5748 2019-03042 Miami International Securities Exchange, LLC, 5739-5745, 5783-5787 2019-03032 2019-03034 2019-03039 MIAX PEARL, LLC, 5798-5802 2019-03037 Nasdaq BX, Inc., 5737-5739 2019-03041 New York Stock Exchange LLC, 5754-5783, 5794-5798 2019-03035 2019-03043 NYSE Arca, Inc., 5794 2019-03031 The Nasdaq Stock Market LLC, 5752-5754, 5787-5791 2019-03033 2019-03040 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: United States Munitions List, Categories I, II and III; Correction, 5802 2019-03091 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemption; Discontinuance Exemption: South Carolina Central Railroad Company, LLC, Terrell County, GA; Georgia Southwestern Railroad, Inc., Terrell County, GA, 5804-5805 2019-03061 Acquisition of Control: Variant Equity I, LP, and Project Kenwood Acquistion, LLC; Coach USA Administration, Inc., and Coach USA, Inc., 5802-5804 2019-03115 Continuance in Control Exemption:

Kean Burenga and Chesapeake and Delaware, LLC; Dover and Delaware River Railroad, LLC, 5804 2019-03012 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Census of Ferry Operators, 5812-5813 2019-03080 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditation and Approval:

AmSpec LLC (Concord, CA), 5698 2019-03124 AmSpec LLC (Signal Hill, CA), 5701-5702 2019-03121 AmSpec LLC (Sulphur, LA), 5700-5701 2019-03123 Camin Cargo Control, Inc. (Corpus Christi, TX), 5704-5705 2019-03119 Camin Cargo Control, Inc. (Linden, NJ), 5702-5703 2019-03118 Camin Cargo Control, Inc. (Richmond, CA), 5699-5700 2019-03114 SGS North America, Inc. (Corpus, Christi, TX), 5703-5704 2019-03113 SGS North America, Inc. (St. Rose, LA), 5699 2019-03112 Commercial Gaugers; Accreditation and Approval:

Altol Petroleum Products Services, Inc. (Ponce, PR), 5697-5698 2019-03111 Commercial Laboratories; Accreditation and Approval: Altol Chemical and Environmental Laboratory, Inc. (Ponce, PR), 5697 2019-03126 Oil Technologies Services, Inc. DBA Seahawk Services (West Deptford, NJ), 5702 2019-03128 Veteran Affairs Veterans Affairs Department PROPOSED RULES Veterans Community Care Program, 5629-5650 2019-03030 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Supplemental Information for Change of Program or Reenrollment after Unsatisfactory Attendance, Conduct, or Progress, 5813-5814 2019-03116 Separate Parts In This Issue Part II Environmental Protection Agency, 5816-5950 2019-01298 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. 84 36 Friday, February 22, 2019 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Civil Monetary Penalty Inflation Adjustment AGENCY:

Merit Systems Protection Board. ACTION: Final rule. SUMMARY: This final rule adjusts the level of civil monetary penalties

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

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

(OMB)guidance. DATES: This final rule is effective on February 22, 2019. FOR FURTHER INFORMATION CONTACT: Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; Phone:

(202)653-7200; Fax:

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

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

(2)a Federal agency assesses or enforces “pursuant to an administrative proceeding or a civil action in the Federal courts.” 28 U.S.C. 2461 note. The MSPB is authorized to assess CMPs pursuant to 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 in disciplinary actions brought by the Special Counsel. The corresponding MSPB regulation for both CMPs is 5 CFR 1201.126(a). As required by the 2015 Act, and pursuant to guidance issued by the OMB, the MSPB is now making an annual adjustment for 2019, according to the prescribed formulas. II. Calculation of Adjustment The CMP listed in 5 U.S.C. 1215(a)(3) was established in 1978 with the enactment of the Civil Service Reform Act of 1978 (CSRA), Public Law 95-454, section 202(a), 92 Stat. 1121-30 (Oct. 13, 1978), and originally codified at 5 U.S.C. 1207(b). That CMP was last amended by section 106 of the Whistleblower Protection Enhancement Act of 2012, Public Law 112-199, 12 Stat. 1468 (Nov. 27, 2012), now codified at 5 U.S.C. 1215(a)(3), which provided for a CMP “not to exceed $1,000.” The CMP authorized in 5 U.S.C. 7326 was established in 2012 by section 4 of the Hatch Act Modernization Act of 2012 (Hatch Act), Public Law 112-230, 126 Stat. 1617 (Dec. 28, 2012), which provided for a CMP “not to exceed $1,000.” On January 10, 2018, the MSPB issued a final rule which increased the maximum CMP allowed under both 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 to $1,066 for the year 2018. *See* 83 FR 1173 (Jan. 10, 2018). This increase reflected the annual increase for the year 2018 mandated by the 2015 Act. On December 14, 2018, OMB issued guidance on calculating the annual inflationary adjustment for 2019. *See* Memorandum from Mick Mulvaney, Dir., OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-19-04 (Dec. 14, 2018). Therein, OMB notified agencies that the annual adjustment multiplier for 2019, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.02522 and that the 2019 annual adjustment amount is obtained by multiplying the 2018 penalty amount by the 2019 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,066 × 1.02522 = $1,092.88, which rounds to $1,093. III. Effective Date of Penalties The revised CMP amounts will go into effect on February 22, 2019. All violations for which CMPs are assessed after the effective date of this rule will be assessed at the adjusted penalty level regardless of whether the violation occurred before the effective date. IV. Procedural Requirements A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), the MSPB has determined that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because Congress has specifically exempted agencies from these requirements when implementing the 2015 Act. The 2015 Act explicitly requires the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553, the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment. It is also in the public interest that the adjusted rates for CMPs under the CSRA and the Hatch Act become effective as soon as possible to maintain their effective deterrent effect. B. Regulatory Impact Analysis: E.O. 12866 The MSPB has determined that this is not a significant regulatory action under E.O. 12866. Therefore, no regulatory impact analysis is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. *See* 5 U.S.C. 603(a) and 604(a). As discussed above, the 2015 Act does not require agencies to first publish a proposed rule when adjusting CMPs within their jurisdiction. Thus, the RFA does not apply to this final rule. D. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Civil rights, Government employees. For the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. § 1201.126 [Amended] 2. Section 1201.126 is amended in paragraph

(a)by removing “$1,066” and adding in its place “$1,093.” Jennifer Everling, Acting Clerk of the Board. [FR Doc. 2019-03018 Filed 2-21-19; 8:45 am]

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