Unknown. Final rule

2,791 words·~13 min read·/register/2020/03/04/2020-03725·

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-03-04.xml --- 85 43 Wednesday, March 4, 2020 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Decreased Assessment Rate: Olives Grown in California, 12757-12759 2020-04369 Agriculture Agriculture Department See Agricultural Marketing Service See Office of Partnerships and Public Engagement See Rural Housing Service NOTICES Updates to Technical Guidelines for Quantifying Greenhouse Gas Emissions and Carbon Sequestration at the Entity-scale for Agriculture and Forestry, 12760-12761 2020-04385 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Civil Penalty Inflation Adjustment:

Oil and Gas and Sulfur Operations on the Outer Continental Shelf, 12733-12735 2020-03694 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Federal Advisory Committee Act, 12786-12787 2020-04394 Technical Report; Current Intelligence Bulletin: National Institute for Occupational Safety and Health Practices in Occupational Risk Assessment, 12786 2020-04436 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Announcement of Departmental Web Portal for Guidance Documents, 12771 2020-04386 Commerce Alternative Personnel System, 12771-12773 2020-03057 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: University Centers of Excellence in Developmental Disabilities Education, Research and Service Annual Report, 12787-12788 2020-04414 Copyright Royalty Board Copyright Royalty Board RULES Digital Performance of Sound Recordings and Making of Ephemeral Copies to Facilitate Those Performances (Web V): Determination of Rates and Terms, 12745-12747 2020-03304 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance;

Petitions, 12773-12774 2020-04366 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Borrower Defense to Loan Repayment Universal Form, 12777-12778 2020-04423 Request for Comments: Accrediting Agencies Currently Undergoing Review for Purposes of Recognition by the U.S. Secretary Of Education, 12778-12779 2020-04410 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Establishment of Online Portal for Guidance Documents, 12779 2020-04439 Environmental Protection Environmental Protection Agency NOTICES Proposed CERCLA Settlement Agreement for Recovery of Past Response Costs, 12785-12786 2020-04437 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pilots Convicted of Alcohol or Drug-Related Motor Vehicle Offenses Subject to State Motor Vehicle Administrative Procedure; Correction, 12817-12818 2020-04388 Intent to Rule: Land Release Request at Bay Bridge Airport (W29), Stevensville, MD, 12816-12817 2020-04415 Land Release Request for Change in Use from Aeronautical to Non-Aeronautical at Bay Bridge Airport, Stevensville, MD, 12816 2020-04413 Federal Communications Federal Communications Commission RULES Determining Continuing Interest in Several Petitions for Reconsideration of Aspects of the Universal Service Fund/Intercarrier Compensation Transformation Order, 12747-12749 2020-03835 Federal Deposit Federal Deposit Insurance Corporation RULES Amendment to Securitization Safe Harbor Rule, 12724-12731 2020-02936 Federal Energy Federal Energy Regulatory Commission NOTICES Application for Amendment:

National Fuel Gas Supply Corp., 12784-12785 2020-04446 Combined Filings, 12779-12783 2020-04396 2020-04399 2020-04400 2020-04401 Complaint: Sheetz, Inc. v. Colonial Pipeline Company, 12783-12784 2020-04397 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: SR Terrell, LLC, 12784 2020-04398 Revocation of Market-Based Rate Authority and Termination of Electric Market-Based Rate Tariff: Electric Quarterly Reports; Mint Energy, LLC; Westmoreland Partners; et. al, 12783 2020-04447 Schedule for Environmental Review:

Texas Eastern Transmission, L.P.; Cameron Extension Project, 12781 2020-04445 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers: R.J. Corman Railroad Services, Cranemasters, Inc., and National Railroad Construction and Maintenance Association, Inc., 12818-12820 2020-04428 Meetings: Trucking Safety Summit, 12820-12821 2020-04427 Federal Railroad Federal Railroad Administration RULES System Safety Program and Risk Reduction Program, 12826-12852 2020-04424 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 12786 2020-04432 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Current Good Manufacturing Practice Regulations for Medicated Feeds, 12790-12792 2020-04461 Determination of Regulatory Review Period for Purposes of Patent Extension: FASENRA, 12793-12794 2020-04363 Guidance: Soft (Hydrophilic) Daily Wear Contact Lenses--Performance Criteria for Safety and Performance Based Pathway, 12788-12789 2020-04425 Foreign Trade Foreign-Trade Zones Board NOTICES Grant of Authority: Establishment of a Foreign-Trade Zone under the Alternative Site Framework Jefferson County, CO, 12774 2020-04364 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Transportation Security Administration See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Housing Counseling Federal Advisory Committee, 12803-12804 2020-04455 Housing Counseling Training Grant Program, 12804-12805 2020-04452 HUD-Owned Real Estate Sales Contract and Addendums, 12802-12803 2020-04450 Multifamily Mortgagee's Application for Insurance Benefits, 12804 2020-04451 Executive Order 13891 Promoting the Rule of Law Through Improved Agency Guidance Documents:

Announcing the Availability of the HUD Guidance Portal, 12805 2020-04458 Privacy Act of 1974; Matching Program, 12801-12802 2020-04457 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Museum Capacity-Building Programs Assessment Project, 12810-12811 2020-04382 Guidance Documents, 12811 2020-04454 Interior Interior Department See Bureau of Safety and Environmental Enforcement See National Indian Gaming Commission See National Park Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Oil Country Tubular Goods from India, the Republic of Korea, Turkey, and the Socialist Republic of Vietnam, 12774-12775 2020-04395 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Vehicle Security and Remote Convenience Systems and Components Thereof, 12806-12807 2020-04442 Justice Department Justice Department NOTICES Consent Decrees Clean Water Act and the Resource Conservation and Recovery Act, 12807-12808 2020-04393 Labor Department Labor Department See Workers Compensation Programs Office Library Library of Congress See Copyright Royalty Board Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 12723-12724 2020-03725 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Denial of Motor Vehicle Defect Petition, 12821-12822 2020-04384 National Indian National Indian Gaming Commission NOTICES Approved Class III Tribal Gaming Ordinance, 12806 2020-04434 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 12794-12796, 12799-12800 2020-04371 2020-04372 2020-04374 National Heart, Lung, and Blood Institute, 12797, 12799 2020-04375 2020-04376 National Institute of Allergy and Infectious Diseases, 12797-12798 2020-04440 National Institute of Diabetes and Digestive and Kidney Diseases, 12798 2020-04381 National Institute on Aging, 12795, 12798-12799 2020-04377 2020-04378 National Institute on Alcohol Abuse and Alcoholism, 12798 2020-04379 National Institute on Deafness and Other Communication Disorders, 12796-12797 2020-04380 Office of the Director, National Institutes of Health, 12796-12797 2020-04370 2020-04441 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 12776 2020-04448 Pacific Fishery Management Council, 12775-12776 2020-04449 U.S. Coral Reef Task Force, 12776-12777 2020-04443 National Park National Park Service NOTICES Meetings: Committee for the Preservation of the White House, 12806 2020-04042 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Charter Renewal: Advisory Committee on the Medical Uses of Isotopes, 12811 2020-04408 OPPE Office of Partnerships and Public Engagement NOTICES Meetings:

Advisory Committee on Beginning Farmers and Ranchers, 12761 2020-04383 Presidential Documents Presidential Documents PROCLAMATIONS Health and Human Services: 2019 Novel Coronavirus; Suspension of Entry Into U.S. as Immigrants and Nonimmigrants of Certain Persons Who Pose a Risk of Transmitting (Proc. 9992), 12853-12858 2020-04595 Special Observances: American Red Cross Month (Proc. 9988), 12715-12716 2020-04544 Irish-American Heritage Month (Proc. 9989), 12717-12718 2020-04547 National Consumer Protection Week (Proc. 9991), 12721-12722 2020-04555 Women's History Month (Proc. 9990), 12719-12720 2020-04550 Rural Housing Service Rural Housing Service NOTICES Rural Community Development Initiative for Fiscal Year 2020, 12761-12771 2020-04430 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: LCH SA, 12814-12816 2020-04391 Nasdaq GEMX, LLC, 12811-12814 2020-04392 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Illinois Regulatory Program, 12735-12739 2020-03753 West Virginia Regulatory Program, 12739-12744 2020-03751 Surface Transportation Surface Transportation Board RULES Exclusion of Demurrage Regulation from Certain Class Exemptions, 12749-12756 2020-04460 Tennessee Tennessee Valley Authority NOTICES Executive Order 13891 Guidance Document Website;

Availability, 12816 2020-04426 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Security Transportation Security Administration RULES Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled from or were Otherwise Present within the People's Republic of China or the Islamic Republic of Iran, 12731-12733 2020-04542 NOTICES Intent to Request Revision from OMB of One Current Public Collection of Information:

Security Appointment Center Visitor Request Form and Foreign National Vetting Request, 12800-12801 2020-04438 DFC U S International Development Finance Corporation NOTICES Meetings; Sunshine Act, 12777 2020-04523 Customs U.S. Customs and Border Protection RULES Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled from or were Otherwise Present within the People's Republic of China or the Islamic Republic of Iran, 12731-12733 2020-04542 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Authority to Close Loans on an Automatic Basis Nonsupervised Lenders (VA Form 26-8736), 12823 2020-04406 Workers' Workers Compensation Programs Office NOTICES Memorandum for the Heads of Executive Departments and Agencies on the Protecting Employees, Enabling Reemployment Initiative, 12808-12810 2020-04390 Separate Parts In This Issue Part II Transportation Department, Federal Railroad Administration, 12826-12852 2020-04424 Part III Presidential Documents, 12853-12858 2020-04595 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. 85 43 Wednesday, March 4, 2020 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 March 4, 2020. 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 2020, 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 February 22, 2019, 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 $1,093 for the year 2019. *See* 84 FR 5583 (Feb. 22, 2019). This increase reflected the annual increase for the year 2019 mandated by the 2015 Act. On December 16, 2019, OMB issued guidance on calculating the annual inflationary adjustment for 2020. *See* Memorandum from Russell T. Vought, Acting Dir., OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-20-05 (Dec. 16, 2019). Therein, OMB notified agencies that the annual adjustment multiplier for 2020, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.01764 and that the 2020 annual adjustment amount is obtained by multiplying the 2019 penalty amount by the 2020 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,093 × 1.01764 = $1,112.28, which rounds to $1,112. III. Effective Date of Penalties The revised CMP amounts will go into effect on March 4, 2020. 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). E. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801, *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). 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 “$1,093” and adding in its place “$1,112.” Jennifer Everling, Acting Clerk of the Board. [FR Doc. 2020-03725 Filed 3-3-20; 8:45 am]

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