Unknown. Final rule

2,751 words·~13 min read·/register/2025/07/22/2025-13707·

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-2025-07-22.xml --- 90 138 Tuesday, July 22, 2025 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Plant Pest and Noxious Weed Regulations, 34412-34413 2025-13712 Imports: Phalaenopsis Spp. Orchid Plants for Planting in Approved Growing Media From Germany and the Netherlands, 34413 2025-13763 Children Children and Families Administration NOTICES Providing Technical Assistance Related to the Indian Child Welfare Act, 34506-34509 2025-13790 Coast Guard Coast Guard RULES Safety Zone:

Annual Events in the Captain of the Port Eastern Great Lakes Zone, 34358 2025-13760 Kentucky River, Frankfort, KY, 34356-34358 2025-13793 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34485 2025-13776 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34485-34486 2025-13699 Drug Drug Enforcement Administration NOTICES Decision and Order: Thomas Draschil, MD, 34519-34520 2025-13713 Education Department Education Department See National Assessment Governing Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 21st Century Community Learning Centers Annual Performance Report, 34489-34490 2025-13690 Free Application for Federal Student Aid Information To Be Verified for the 2025-2026 Award Year, 34486-34489 2025-13740 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Hazardous and Solid Waste Management System:

Disposal of Coal Combustion Residuals From Electric Utilities; CCR Management Unit Deadline Extension Rule, 34358-34366 2025-13698 PROPOSED RULES Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; CCR Management Unit Deadline Extension Rule, 34409-34411 2025-13697 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission Standards, 34495-34496 2025-13761 Pesticide Registration Review:

Proposed Decision for 4-CPA, 34494-34495 2025-13688 Requests for Nominations: Pesticide Program Dialogue Committee, 34493-34494 2025-13710 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 34352-34353 2025-13715 BRP-Rotax GmbH and Co KG (Formerly BRP-POWERTRAIN GMBH and CO KG and Bombardier-Rotax GmbH) Engines, 34348-34351 2025-13796 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 34386-34388 2025-13743 Schempp-Hirth Flugzeugbau GmbH Gliders, 34391-34394 2025-13742 The Boeing Company Airplanes, 34388-34391 2025-13714 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34496-34500 2025-13768 2025-13769 2025-13770 2025-13782 2025-13783 2025-13784 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 34491-34493 2025-13757 2025-13759 Filing: McLendon, Richard E., 34490-34491 2025-13758 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Austin, Fort Bend, Harris, and Waller Counties, TX, 34569 2025-13745 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 34500 2025-13767 Federal Railroad Federal Railroad Administration RULES Accident/Incident Investigation Policy for Gathering Information and Consulting With Stakeholders;

Withdrawal, 34370-34372 2025-13766 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 34500-34501 2025-13781 Federal Trade Federal Trade Commission NOTICES Petition To Reopen and Set Aside Order: Quantum Energy Partners VI, LP, Q-TH Appalachia

(VI)Investments Partners, LLC, and QEP Partners, LP, 34501-34505 2025-13705 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Removal of Roanoke Logperch From the List of Endangered and Threatened Wildlife, 34372-34384 2025-13702 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Intel Foundry Corp., Foreign-Trade Zone 45, Aloha and Hillsboro, OR, 34414-34415 2025-13786 Health and Human Health and Human Services Department See Children and Families Administration Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services NOTICES Privacy Act; Matching Program, 34509-34511 2025-13709 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Passenger Vehicle and Light Truck Tires From Taiwan, 34431-34433 2025-13694 Certain Steel Threaded Rod From the People's Republic of China, 34418-34419 2025-13788 Circular Welded Carbon Quality Steel Pipe From the People's Republic of China, 34427-34431 2025-13787 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan, 34416-34418 2025-13795 Hardwood and Decorative Plywood From the People's Republic of China, Indonesia, and the Socialist Republic of Vietnam, 34415 2025-13693 Oleoresin Paprika From India, 34433-34436 2025-13696 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Active Anode Material From the People's Republic of China, 34423-34427 2025-13692 Oleoresin Paprika From India, 34419-34423 2025-13695 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From India, Indonesia, and Laos, 34518-34519 2025-13756 Justice Department Justice Department See Drug Enforcement Administration PROPOSED RULES Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms, 34394-34405 2025-13765 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transmittal for Unemployment Insurance Materials, 34520-34521 2025-13700 Land Land Management Bureau RULES Rescission of Regulations Regarding Prospecting within National Forest Wilderness for the Purpose of Gathering Information About Mineral Resources, 34368-34370 2025-13777 Rescission of Regulations Regarding Surface Protection Requirements, 34366-34368 2025-13753 Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 34347-34348 2025-13707 Mine Mine Safety and Health Administration PROPOSED RULES Electronic Surveying Equipment in Underground Coal Mines, 34407 2025-13747 Powered Air Purifying Respirators in Underground Mines, 34405-34406 2025-13746 Roof Control Plan Approval Criteria, 34406 2025-13748 Training and Retraining of Miners, 34405 2025-13749 Ventilation Plan Approval Criteria, 34406-34407 2025-13750 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Events, 34521-34522 2025-13789 Assesment National Assessment Governing Board NOTICES Hearings, Meetings, Proceedings, etc.; Correction, 34486 2025-13755 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Compliance Labeling of Retroreflective Materials for Heavy Trailer Conspicuity, 34569-34571 2025-13739 Event Data Recorders, 34576-34578 2025-13720 National Survey of the Use of Booster Seats, 34575-34576 2025-13778 Retrofit Air Bag Switches, 34578-34580 2025-13737 Petition for Decision of Inconsequential Noncompliance: Kawasaki Motors Corp., USA; Approval, 34571-34572 2025-13704 Mercedes-Benz USA, LLC; Approval, 34573-34575 2025-13703 National Oceanic National Oceanic and Atmospheric Administration RULES Pacific Halibut Fisheries of the West Coast: Inseason Action for the 2025 Area 2A Pacific Halibut Directed Commercial Fishery, 34384-34385 2025-13764 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Greater Atlantic Region Logbook Family of Forms, 34438-34439 2025-13779 Environmental Assessments; Availability, etc.: Deepwater Horizon Natural Resource Damage Assessment Texas Trustee Implementation Group Final Restoration Plan #3: Wetlands, Coastal, and Nearshore Habitats and Finding of No Significant Impact, 34436-34437 2025-13752 Hearings, Meetings, Proceedings, etc.: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 34437-34438 2025-13785 Permits; Applications, Issuances, etc.: Endangered and Threatened Species; Take of Anadromous Fish, 34461-34463 2025-13711 General Provisions for Domestic Fisheries, 34440-34441 2025-13794 Taking or Importing of Marine Mammals: City of Whittier's Whittier Harbor Rebuild Phase III Project in Whittier, AK, 34439-34440 2025-13791 Oregon Department of Transportation's Yaquina Bay Dolphin Replacement Project in Newport, OR, 34441-34461 2025-13792 Seward Cruise Ship Passenger Dock and Terminal Facility Project in Seward, AK, 34463-34484 2025-13708 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Committee on Reactor Safeguards; Procedures for Meetings, 34522-34523 2025-13691 Ocean Energy Management Ocean Energy Management Bureau RULES Rescission of Cross References, 34353-34356 2025-13780 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 34523-34525 2025-13701 2025-13775 Postal Service Postal Service NOTICES International Product Change: Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreements, 34525 2025-13762 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lower Colorado River Well Inventory, 34517-34518 2025-13741 Hearings, Meetings, Proceedings, etc.: Glen Canyon Dam Adaptive Management Work Group, 34516-34517 2025-13744 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34536-34537, 34542, 34567-34568 2025-13717 2025-13718 2025-13719 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report, 34536 2025-13716 Application: Denali Structured Return Strategy Fund, et al., 34537 2025-13689 Joint Industry Plan: Establishing Procedures To Add 24X National Exchange LLC as a Participant, 34528-34529 2025-13723 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 34525-34528, 34542-34550 2025-13722 2025-13733 Cboe C2 Exchange, Inc., 34540-34542 2025-13735 Cboe Exchange, Inc., 34537-34539 2025-13731 Financial Industry Regulatory Authority, Inc., 34552-34554 2025-13732 ICE Clear Credit LLC, 34557-34561 2025-13728 Investors Exchange LLC, 34532-34533, 34561-34564 2025-13721 2025-13730 Miami International Securities Exchange, LLC, 34564-34567 2025-13726 MIAX Emerald, LLC, 34554-34557 2025-13727 MIAX PEARL, LLC, 34529-34532 2025-13725 MIAX Sapphire, LLC, 34533-34536 2025-13724 Nasdaq ISE, LLC, 34568 2025-13729 The Depository Trust Co., 34550-34552 2025-13736 The Options Clearing Corp., 34564 2025-13734 State Department State Department NOTICES Delegation of Authority, 34568 2025-13774 Determination: Extension of Waiver Authority, 34568 2025-13773 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Immigration Fees Required by HR-1 Reconciliation Bill, 34511-34516 2025-13738 U.S. Sentencing United States Sentencing Commission NOTICES Request for Application: Practitioners Advisory Group, 34580-34581 2025-13772 Tribal Issues Advisory Group, 34581 2025-13771 Veteran Affairs Veterans Affairs Department PROPOSED RULES Expansion of Process for 72-Hour Notification of Emergency Treatment, 34407-34409 2025-13751 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. 90 138 Tuesday, July 22, 2025 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 July 22, 2025. FOR FURTHER INFORMATION CONTACT: Gina K. Grippando, 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), Pub. L. 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), Pub. L. 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 OMB, MSPB is now making an annual adjustment for 2025, 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), Pub. L. 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, Pub. L. 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), Pub. L. 112-230, 126 Stat. 1617 (Dec. 28, 2012), which provided for a CMP “not to exceed $1,000.” On February 14, 2024, 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 $1,330 for the year 2024. *See* 89 FR 11163 (February 14, 2024). This increase reflected the annual increase for the year 2024 mandated by the 2015 Act. On December 17, 2024, OMB issued guidance on calculating the annual inflationary adjustment for 2025. *See* Memorandum from Shalanda D. Young, Director, OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2025, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-25-02 (Dec. 17, 2024). Therein, OMB notified agencies that the annual adjustment multiplier for 2025, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.02598 and that the 2025 annual adjustment amount is obtained by multiplying the 2024 penalty amount by the 2025 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,330 × 1.02598 = $1,365.00. III. Effective Date of Penalties The revised CMP amounts will go into effect on July 22, 2025. 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), 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: Executive Order 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, Pub. L. 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. Amend § 1201.126, in paragraph (a), by removing “$1,330” and adding in its place “$1,365”. Gina K. Grippando, Clerk of the Board. [FR Doc. 2025-13707 Filed 7-21-25; 8:45 am]

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