Air Plan Approval; NH; Approval of Recordkeeping and Reporting Requirements and Single Source Order; Withdrawal of Direct Final Rule, 1302-1303 [2018-00288]

Download as PDF 1302 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations within the meaning of the Paperwork Reduction Act of 1995.48 The amendments to reflect the changes made by the FAST Act as described in Section II above may shift the number of advisers between each class of advisers as well as include advisers solely to SBICs that take on additional non-SBIC venture capital fund or private fund clients and therefore would become exempt reporting advisers. We believe that the current burden and cost estimates for the existing collection of information requirements remain appropriate.49 Thus, we believe that the amendments should not impose substantive new burdens on the overall population of respondents or affect the current overall burden estimates for the affected forms.50 Accordingly, we are not revising any burden and cost estimates in connection with these amendments. VI. Regulatory Flexibility Act Certification The Commission certified, pursuant to section 605(b) of the Regulatory Flexibility Act of 1980 51 that the proposed amendments to Advisers Act rules 203(l)–1 and 203(m)–1, if adopted, would not have a significant economic impact on a substantial number of small entities.52 We included this certification in Section V of the Proposing Release. Although we encouraged written comments regarding this certification, 48 44 U.S.C. 3501 et seq. most recent Paperwork Reduction Act analysis for Form ADV is based upon the number of registered advisers and exempt reporting advisers as of May 1, 2016. Because approximately five months had passed between the signing of the FAST Act and May 1, 2016, we believe that most of the advisers who wanted to change their registration status as a result of the FAST Act, did so in that five month period and are therefore included in the most recent Paperwork Reduction Act analysis for Form ADV. Form ADV under the Investment Advisers Act of 1940 (OMB Control No. 3235–0049). 50 See Section IV above. In the Proposing Release, we requested comment on whether our belief that the amendments would not impose substantive new burdens on the overall population of respondents or affect the current over all burden estimates for the affected forms was correct. We did not receive any responses to our request for comment. 51 5 U.S.C. 603(b). 52 Under Commission rules, for the purposes of the Advisers Act and the Regulatory Flexibility Act, an investment adviser generally is a small entity if it: (i) Has assets under management having a total value of less than $25 million; (ii) did not have total assets of $5 million or more on the last day of its most recent fiscal year; and (iii) does not control, is not controlled by, and is not under common control with another investment adviser that has assets under management of $25 million or more, or any person (other than a natural person) that had total assets of $5 million or more on the last day of its most recent fiscal year. Rule 0–7(a) (17 CFR 275.0–7(a)). ethrower on DSK3G9T082PROD with RULES 49 The VerDate Sep<11>2014 16:45 Jan 10, 2018 Jkt 244001 no commenters responded to this request. VII. Statutory Authority The Commission is amending rule 203(l)–1 under the authority set forth in sections 211(a) and 203(l) of the Advisers Act, (15 U.S.C. 80b–11(a) and 80b–3(l), respectively). The Commission is amending rule 203(m)–1 under the authority set forth in sections 211(a) and 203(m) of the Advisers Act (15 U.S.C. 80b–11(a) and 80b–3(m), respectively). List of Subjects in 17 CFR Part 275 Reporting and recordkeeping requirements, Securities. (15 U.S.C. 80b–3(b)(7)) (other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53)) shall be excluded from the definition of assets under management for purposes of this section. * * * * * By the Commission. Dated: January 5, 2018. Brent J. Fields, Secretary. [FR Doc. 2018–00299 Filed 1–10–18; 8:45 am] BILLING CODE 8011–01–P Text of Rule Amendments For the reasons set forth in the preamble, the Commission amends title 17, chapter II of the Code of Federal Regulations as follows. PART 275—RULES AND REGULATIONS, INVESTMENT ADVISERS ACT OF 1940 1. The authority citation for part 275 continues to read, in part, as follows: ■ Authority: 15 U.S.C. 80b–2(a)(11)(G), 80b– 2(a)(11)(H), 80b–2(a)(17), 80b–3, 80b–4, 80b– 4a, 80b–6(4), 80b–6a, and 80b–11, unless otherwise noted. * * * * * 2. Amend § 275.203(l)–1 by revising the introductory text to paragraph (a) to read as follows: ■ § 275.203(l)–1 defined. Venture capital fund (a) Venture capital fund defined. For purposes of section 203(l) of the Act (15. U.S.C. 80b–3(l)), a venture capital fund is any entity described in subparagraph (A), (B), or (C) of section 203(b)(7) of the Act (15 U.S.C. 80b–3(b)(7)) (other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53)) or any private fund that: * * * * * ■ 3. Amend § 275.203(m)–1 by revising paragraph (d)(1) to read as follows: § 275.203(m)–1 exemption. Private fund adviser * * * * * (d) * * * (1) Assets under management means the regulatory assets under management as determined under Item 5.F of Form ADV (§ 279.1 of this chapter) except that the regulatory assets under management attributable to a private fund that is an entity described in subparagraph (A), (B), or (C) of section 203(b)(7) of the Act PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2017–0266; FRL–9972–90– Region 1] Air Plan Approval; NH; Approval of Recordkeeping and Reporting Requirements and Single Source Order; Withdrawal of Direct Final Rule Environmental Protection Agency. ACTION: Withdrawal of direct final rule. AGENCY: Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the November 14, 2017 direct final rule approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. New Hampshire’s SIP revisions modified existing recordkeeping and reporting requirements for sources of air pollution, and modified an existing order for Sturm Ruger & Company. This action is being taken in accordance with the Clean Air Act. DATES: The direct final rule published at 82 FR 52664 on November 14, 2017 is withdrawn effective January 11, 2018. FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square, Suite 100 (Mail code OEP05–2), Boston, MA 02109—3912, telephone (617) 918–1046, facsimile (617) 918–0146, email: mcconnell.robert@epa.gov. SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if adverse comments were submitted by December 14, 2017, the rule would be withdrawn and not take effect. EPA received adverse comments prior to the close of the comment period and, SUMMARY: E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations therefore, is withdrawing the direct final rule. EPA will address the comments in a subsequent final action based upon the proposed rule also published on November 14, 2017 (82 FR 52683). EPA will not institute a second comment period on this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: December 22, 2017. Kenneth Moraff, Acting Regional Administrator, EPA New England. Accordingly, the amendments to 40 CFR 52.1520 published on November 14, 2017 (82 FR 52664) are withdrawn effective January 11, 2018. ■ [FR Doc. 2018–00288 Filed 1–10–18; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 105–70 [FPMR Case 2018–101–1; Docket No. 2018– 0005; Sequence No. 1] RIN 3090–AJ92 Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment Office of General Counsel, General Services Administration. ACTION: Final rule. AGENCY: In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015, this final rule incorporates the penalty inflation adjustments for the civil monetary penalties set forth in the United States Code, as codified in our regulations. DATES: Effective: February 12, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Jessica Hawkins, Assistant General Counsel, General Law Division (LG), General Services Administration, 1800 F Street NW, Washington DC 20405. Telephone Number 202–501–1460. SUPPLEMENTARY INFORMATION: ethrower on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:45 Jan 10, 2018 Jkt 244001 I. The Debt Collection Improvement Act of 1996 To maintain the remedial impact of civil monetary penalties (CMPs) and to promote compliance with the law, the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101– 410) was amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104–134) to require Federal agencies to regularly adjust certain CMPs for inflation and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 (Sec. 701 of Pub. L. 114–74). As amended, the law requires each agency to make an initial inflationary adjustment for all applicable CMPs, and to make further adjustments at least once every year thereafter for these penalty amounts. The Debt Collection Improvement Act of 1996 further stipulates that any resulting increases in a CMP due to the calculated inflation adjustments shall apply only to violations which occur after the date the increase takes effect, i.e., thirty (30) days after date of publication in the Federal Register. Pursuant to the 2015 Act, agencies are required to adjust the level of the CMP with an initial ‘‘catch up‘‘, and make subsequent annual adjustments for inflation. Catch up adjustments are based on the percent change between the Consumer Price Index for Urban Consumers (CPI–U) for the month of October for the year of the previous adjustment, and the October 2015 CPI–U. Annual inflation adjustments will be based on the percent change between the October CPI–U preceding the date of adjustment and the prior year’s October CPI–U. II. The Program Fraud Civil Remedies Act of 1986 In 1986, sections 6103 and 6104 of the Omnibus Budget Reconciliation Act of 1986 (Pub. L. 99–501) set forth the Program Fraud Civil Remedies Act of 1986 (PFCRA). Specifically, this statute imposes a CMP and an assessment against any person who, with knowledge or reason to know, makes, submits, or presents a false, fictitious, or fraudulent claim or statement to the Government. The General Services Administration’s regulations, published in the Federal Register (61 FR 246, December 20, 1996) and codified at 41 CFR part 105–70, set forth a CMP of up to $10,781 for each false claim or statement made to the agency. Based on the penalty amount inflation factor calculation, derived from originally dividing the June 2015 CPI by the June 1996 CPI and making the CPI-based annual adjustment thereafter, after PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 1303 rounding we are adjusting the maximum penalty amount for this CMP to $11,001 per violation. III. Waiver of Proposed Rulemaking In developing this final rule, we are waiving the usual notice of proposed rulemaking and public comment procedures set forth in the Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides an exception to the notice and comment procedures when an agency finds there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary or contrary to the public interest. We have determined that under 5 U.S.C. 553(b)(3)(B) good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. Specifically, this rulemaking comports and is consistent with the statutory authority set forth in the Debt Collection Improvement Act of 1996, with no issues of policy discretion. Accordingly, we believe that opportunity for prior comment is unnecessary and contrary to the public interest, and we are issuing these revised regulations as a final rule that will apply to all future cases under this authority. IV. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is a not significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. The Office of Management and Budget (OMB) has reviewed this final rule in accordance with the provisions of E.O. 12866 and has determined that it does not meet the criteria for a significant regulatory action. As indicated above, the provisions contained in this final rulemaking set forth the inflation adjustments in compliance with the Debt Collection Improvement Act of 1996 for specific applicable CMPs. The great majority of individuals, organizations and entities addressed through these regulations do not engage E:\FR\FM\11JAR1.SGM 11JAR1

Agencies

[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Rules and Regulations]
[Pages 1302-1303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00288]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0266; FRL-9972-90-Region 1]


Air Plan Approval; NH; Approval of Recordkeeping and Reporting 
Requirements and Single Source Order; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of adverse comments, the Environmental 
Protection Agency (EPA) is withdrawing the November 14, 2017 direct 
final rule approving State Implementation Plan (SIP) revisions 
submitted by the State of New Hampshire. New Hampshire's SIP revisions 
modified existing recordkeeping and reporting requirements for sources 
of air pollution, and modified an existing order for Sturm Ruger & 
Company. This action is being taken in accordance with the Clean Air 
Act.

DATES: The direct final rule published at 82 FR 52664 on November 14, 
2017 is withdrawn effective January 11, 2018.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square, Suite 100 (Mail code OEP05-2), Boston, MA 
02109--3912, telephone (617) 918-1046, facsimile (617) 918-0146, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if 
adverse comments were submitted by December 14, 2017, the rule would be 
withdrawn and not take effect. EPA received adverse comments prior to 
the close of the comment period and,

[[Page 1303]]

therefore, is withdrawing the direct final rule. EPA will address the 
comments in a subsequent final action based upon the proposed rule also 
published on November 14, 2017 (82 FR 52683). EPA will not institute a 
second comment period on this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Regional haze, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 22, 2017.
Kenneth Moraff,
Acting Regional Administrator, EPA New England.

0
Accordingly, the amendments to 40 CFR 52.1520 published on November 14, 
2017 (82 FR 52664) are withdrawn effective January 11, 2018.

[FR Doc. 2018-00288 Filed 1-10-18; 8:45 am]
BILLING CODE 6560-50-P
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