June 8, 2018 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2018-06-08-ReaderAids
Type: Reader Aids
Date: 2018-06-08
Sunshine Act Meetings
Document Number: 2018-12541
Type: Notice
Date: 2018-06-08
Agency: Securities and Exchange Commission, Agencies and Commissions
Sunshine Act Meetings
Document Number: 2018-12540
Type: Notice
Date: 2018-06-08
Agency: Securities and Exchange Commission, Agencies and Commissions
Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of the Less Than Fair Value Investigation
Document Number: 2018-12481
Type: Notice
Date: 2018-06-08
Agency: Department of Commerce, International Trade Administration
On May 25, 2018, the United States Court of International Trade (the Court) entered final judgment sustaining the final results of the second remand redetermination by the Department of Commerce (Commerce) pertaining to the antidumping duty (AD) investigation of certain crystalline silicon photovoltaic products from the People's Republic of China (China). Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce's final determination in the AD investigation of certain crystalline silicon photovoltaic products from China.
Response to Clean Air Act Section 126(b) Petitions From Delaware and Maryland
Document Number: 2018-12453
Type: Notice
Date: 2018-06-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is announcing that a public hearing will be held on the EPA's proposed response to petitions from Delaware and Maryland pursuant to section 126 of the Clean Air Act (CAA or Act). The EPA is proposing to deny four CAA section 126(b) petitions submitted by the state of Delaware and one CAA section 126(b) petition submitted by the state of Maryland between July and November 2016. The hearing will be held on June 22, 2018, in Washington, DC.
Sunshine Act Meeting Notice
Document Number: 2018-12428
Type: Notice
Date: 2018-06-08
Agency: Civil Rights Commission, Agencies and Commissions
Endangered and Threatened Wildlife and Plants; Removing Oenothera coloradensis (Colorado Butterfly Plant) From the Federal List of Endangered and Threatened Plants
Document Number: 2018-12409
Type: Proposed Rule
Date: 2018-06-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to remove the Colorado butterfly plant (Oenothera coloradensis, currently listed as Gaura neomexicana ssp. coloradensis) from the Federal List of Endangered and Threatened Plants (List) due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that the threats to the Colorado butterfly plant have been eliminated or reduced to the point that it has recovered, and that this plant is no longer likely to become endangered in the foreseeable future and, therefore, no longer meets the definition of a threatened species under the Endangered Species Act of 1973, as amended (Act). This proposed rule, if made final, would also remove the currently designated critical habitat for the Colorado butterfly plant. We are seeking information, data, and comments from the public on the proposed rule to remove the Colorado butterfly plant from the List (i.e., ``delist'' the species). In addition, we are also seeking input on considerations for post- delisting monitoring of the Colorado butterfly plant.
Partnership Transactions Involving Equity Interests of a Partner
Document Number: 2018-12407
Type: Rule
Date: 2018-06-08
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that prevent a corporate partner from avoiding corporate-level gain through transactions with a partnership involving equity interests of the partner or certain related entities. This document also contains final regulations that allow consolidated group members that are partners in the same partnership to aggregate their bases in stock distributed by the partnership for the purpose of limiting the application of rules that might otherwise cause basis reduction or gain recognition. This document also contains final regulations that may also require certain corporations that engage in gain elimination transactions to reduce the basis of corporate assets or to recognize gain. These final regulations affect partnerships and their partners.
Proposed Collection; Comment Request for Regulation Project
Document Number: 2018-12406
Type: Notice
Date: 2018-06-08
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning Guidance regarding Charitable Remainder Trusts and Special Valuation Rules for Transfers of Interests and Trusts.
Proposed Collection; Comment Request for Form 1127
Document Number: 2018-12405
Type: Notice
Date: 2018-06-08
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
The Internal Revenue Service (IRS), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on information collections, as required by the Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning Application for Extension of Time for Payment of Tax Due to Undue Hardship.
30-Day Notice of Proposed Information Collection: Consolidated Plan, Annual Action Plan & Annual Performance Report
Document Number: 2018-12403
Type: Notice
Date: 2018-06-08
Agency: Department of Housing and Urban Development
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 30 days of public comment.
National Center for Advancing Translational Sciences; Notice of Closed Meeting
Document Number: 2018-12402
Type: Notice
Date: 2018-06-08
Agency: Department of Health and Human Services, National Institutes of Health
Center for Scientific Review; Notice of Closed Meetings
Document Number: 2018-12401
Type: Notice
Date: 2018-06-08
Agency: Department of Health and Human Services, National Institutes of Health
National Cancer Institute; Notice of Closed Meetings
Document Number: 2018-12400
Type: Notice
Date: 2018-06-08
Agency: Department of Health and Human Services
National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting
Document Number: 2018-12399
Type: Notice
Date: 2018-06-08
Agency: Department of Health and Human Services
National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting
Document Number: 2018-12398
Type: Notice
Date: 2018-06-08
Agency: Department of Health and Human Services
National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings
Document Number: 2018-12397
Type: Notice
Date: 2018-06-08
Agency: Department of Health and Human Services, National Institutes of Health
National Institute of Neurological Disorders and Stroke; Notice of Closed Meeting
Document Number: 2018-12396
Type: Notice
Date: 2018-06-08
Agency: Department of Health and Human Services, National Institutes of Health
Agency Information Collection Activities: Proposed Request and Comment Request
Document Number: 2018-12395
Type: Notice
Date: 2018-06-08
Agency: Social Security Administration, Agencies and Commissions
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: 2018-12394
Type: Notice
Date: 2018-06-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: 2018-12393
Type: Notice
Date: 2018-06-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
Agency Information Collection Activities: Final Collection; Comment Request
Document Number: 2018-12392
Type: Notice
Date: 2018-06-08
Agency: Export-Import Bank, Agencies and Commissions
The Export-Import Bank of the United States (EXIM), as a part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995. This form will enable EXIM to identify the specific details of the proposed co-financing transaction between a U.S. exporter, EXIM, and a foreign export credit agency; the information collected includes vital facts such as the amount of U.S.-made content in the export, the amount of financing requested from EXIM, and the proposed financing amount from the foreign export credit agency. These details are necessary for approving this unique transaction structure and coordinating our support with that of the foreign export credit agency to ultimately complete the transaction and support U.S. exportsand U.S. jobs.
Agency Information Collection Activities: Proposed Request and Comment Request
Document Number: 2018-12391
Type: Notice
Date: 2018-06-08
Agency: Social Security Administration, Agencies and Commissions
Extension of Comment Period for Proposed Issuance of NPDES General Permit for Hydroelectric Facilities Within the State of Idaho (IDG360000)
Document Number: 2018-12389
Type: Notice
Date: 2018-06-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 10 is extending the comment period for the proposed issuance of a National Pollutant Discharge Elimination System (NPDES) General Permit for Hydroelectric Facilities discharging to waters within the State of Idaho (Permit No. IDG360000). The agency is extending the comment period for 30 days in response to requests from Idaho Power Co. and Utility Water Act Group.
Adequacy Determination for the St. Louis Area 2008 8-Hour Ozone Redesignation Request and Maintenance State Implementation Plan, Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; State of Missouri
Document Number: 2018-12388
Type: Rule
Date: 2018-06-08
Agency: Environmental Protection Agency
In this document, the EPA is notifying the public that the St. Louis area 2008 8-hour ozone redesignation request and maintenance plan motor vehicle emission budgets (MVEBs) for volatile organic compounds (VOCs) and nitrogen oxides (NOX) are adequate for transportation conformity purposes. As a result, these budgets must be used by the State of Missouri for future transportation conformity determinations for the St. Louis area.
Procurement List; Addition
Document Number: 2018-12387
Type: Notice
Date: 2018-06-08
Agency: Committee for Purchase From People Who Are Blind or Severely Disabled, Agencies and Commissions
This action adds a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities.
Procurement List; Deletions
Document Number: 2018-12386
Type: Notice
Date: 2018-06-08
Agency: Committee for Purchase From People Who Are Blind or Severely Disabled, Agencies and Commissions
This action deletes product(s) and service(s) from the Procurement List that were previously furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.
Procurement List; Proposed Additions
Document Number: 2018-12385
Type: Notice
Date: 2018-06-08
Agency: Committee for Purchase From People Who Are Blind or Severely Disabled, Agencies and Commissions
The Committee is proposing to add product(s) and service(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.
New Postal Products
Document Number: 2018-12384
Type: Notice
Date: 2018-06-08
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is noticing a recent Postal Service filing for the Commission's consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Proposed Collection; Comment Request
Document Number: 2018-12383
Type: Notice
Date: 2018-06-08
Agency: Department of Defense, Office of the Secretary
In compliance with the Paperwork Reduction Act of 1995, the Office of the Undersecretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Public Land Order No. 7868; Withdrawal of Public Lands To Protect the Johnny Behind the Rocks Recreation Zone; Wyoming
Document Number: 2018-12381
Type: Notice
Date: 2018-06-08
Agency: Department of the Interior, Bureau of Land Management
This order withdraws 4,564.75 acres of public lands from location and entry under the United States Mining Laws, subject to valid existing rights, but not from leasing under the mineral or geothermal leasing laws, for a period of 20 years, for the protection of cultural and recreational resources associated with the Johnny Behind the Rocks Recreation Zone.
Medicare Program; Changes to the Comprehensive Care for Joint Replacement Payment Model (CJR): Extreme and Uncontrollable Circumstances Policy for the CJR Model
Document Number: 2018-12379
Type: Rule
Date: 2018-06-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule finalizes a policy that provides flexibility in the determination of episode spending for Comprehensive Care for Joint Replacement Payment Model (CJR) participant hospitals located in areas impacted by extreme and uncontrollable circumstances for performance years 3 through 5.
Submission for OMB Review; Comment Request
Document Number: 2018-12378
Type: Notice
Date: 2018-06-08
Agency: Department of Defense, Office of the Secretary
The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Proposed Information Collection Request; Comment Request; Air Stationary Source Compliance and Enforcement Information Reporting (Renewal)
Document Number: 2018-12375
Type: Notice
Date: 2018-06-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Air Stationary Source Compliance and Enforcement Information Reporting'' (EPA ICR No. 0107.12, OMB Control No. 2060-0096) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through January 31, 2019. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We are also soliciting comment on several options for improving the reporting of Clean Air Act stationary source facility compliance information in order to improve the display, usability and accuracy of these data for presentation to the public through EPA's Enforcement Compliance History Online (ECHO) capability.
Response to Clean Air Act Section 126(b) Petitions From Delaware and Maryland
Document Number: 2018-12374
Type: Notice
Date: 2018-06-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to deny four petitions submitted by the state of Delaware and one petition submitted by the state of Maryland under Clean Air Act (CAA or Act) section 126(b). The petitions were submitted between July and November 2016. Each of Delaware's four petitions requested that the EPA make a finding that emissions from individual sources in Pennsylvania or West Virginia are significantly contributing to Delaware's nonattainment of the 2008 and 2015 8-hour ozone national ambient air quality standards (NAAQS). Maryland's petition requested that the EPA make a finding that emissions from 36 electric generating units in Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia are significantly contributing to ozone levels that exceed the 2008 8-hour ozone NAAQS in Maryland, and, therefore, are interfering with nonattainment and maintenance of the 2008 ozone NAAQS. The EPA proposes to deny all five petitions because Delaware and Maryland have not met their burden to demonstrate that the sources emit or would emit in violation of the CAA's ``good neighbor'' provision (i.e., the petitions have not demonstrated that the sources will significantly contribute to nonattainment or interfere with maintenance of the 2008 or 2015 ozone NAAQS in the petitioning states). The EPA is further proposing to deny the petitions based on the agency's independent analysis that the identified sources do not currently emit and are not expected to emit pollution in violation of the good neighbor provision for either the 2008 or 2015 ozone NAAQS.
Proposed Data Collection Submitted for Public Comment and Recommendations
Document Number: 2018-12373
Type: Notice
Date: 2018-06-08
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled Monitoring Changes in Attitudes and Practices among Family Planning Providers and Clinics. This project seeks to obtain information on changes in attitudes and practices among family planning providers and clinics in the United States related to recommendations from national contraception guidelines.
Proposed Data Collection Submitted for Public Comment and Recommendations
Document Number: 2018-12372
Type: Notice
Date: 2018-06-08
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled Undetermined cause of Serratia marcescens infectionsMultiple States, 2018. The goal of this investigation is to identify potential risk factors leading to an outbreak of Serratia marcescens infections among U.S. healthcare patients. Data will be used to identify a cause of the infections and prevent additional events from occurring.
Agency Forms Undergoing Paperwork Reduction Act Review
Document Number: 2018-12371
Type: Notice
Date: 2018-06-08
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
Draft Concept Paper: Illicit Trade in Tobacco Products After Implementation of a Food and Drug Administration Product Standard; Extension of Comment Period
Document Number: 2018-12370
Type: Notice
Date: 2018-06-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or the Agency) is extending the comment period for the notice of availability (NOA) that appeared in the Federal Register of March 16, 2018. In the NOA, FDA requested public comment on the draft concept paper regarding the potential for illicit trade markets to develop in response to a tobacco product standard. The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.
Regulation of Flavors in Tobacco Products; Extension of Comment Period
Document Number: 2018-12369
Type: Proposed Rule
Date: 2018-06-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or Agency) is extending the comment period for the advance notice of proposed rulemaking (ANPRM) that appeared in the Federal Register of March 21, 2018. In the ANPRM, FDA requested information related to the role that flavors play in tobacco products. The Agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.
Tobacco Product Standard for Nicotine Level of Combusted Cigarettes; Extension of Comment Period
Document Number: 2018-12368
Type: Proposed Rule
Date: 2018-06-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or the Agency) is extending the comment period for the advance notice of proposed rulemaking (ANPRM) that appeared in the Federal Register of March 16, 2018. In the ANPRM, FDA requested information for consideration in developing a tobacco product standard to set a maximum nicotine level in combusted cigarettes so that they are minimally addictive or nonaddictive. The Agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.
Regulation of Premium Cigars; Extension of Comment Period
Document Number: 2018-12367
Type: Proposed Rule
Date: 2018-06-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or the Agency) is extending the comment period for the advance notice of proposed rulemaking (ANPRM) that appeared in the Federal Register of March 26, 2018. In the ANPRM, FDA requested comments, data, research results, or other information that may inform regulatory actions FDA might take with respect to premium cigars. The Agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.
Proposed Information Collection; Comment Request; 2020 Census
Document Number: 2018-12365
Type: Notice
Date: 2018-06-08
Agency: Census Bureau, Department of Commerce
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Request for the Technical Review of 3 Draft Immediately Dangerous to Life or Health (IDLH) Value Profiles
Document Number: 2018-12364
Type: Notice
Date: 2018-06-08
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
The National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention announces the availability of three (3) draft Immediately Dangerous to Life or Health (IDLH) Value Profiles now available for public comment for the chemicals bromine trifluoride, chlorine trifluoride, and ethylene dibromide. To view the notice and related materials, visit www.regulations.gov and enter CDC-2018-0055 in the search field and click ``Search.''
Agency Information Collection Activities: Proposed Collection; National Advisory Council for Healthcare Research and Quality: Request for Nominations for Public Members
Document Number: 2018-12361
Type: Notice
Date: 2018-06-08
Agency: Agency for Healthcare Research and Quality, Department of Health and Human Services
The Council is to advise the Secretary of HHS (Secretary) and the Director of the Agency for Healthcare Research and Quality (AHRQ) on matters related to activities of the Agency to carry out its mission. AHRQ's mission is to produce evidence to make health care safer, higher quality, more accessible, equitable, and affordable, and to work within the U.S. Department of Health and Human Services and with other partners to make sure that the evidence is understood and used.
Regular Meeting; Farm Credit System Insurance Corporation Board
Document Number: 2018-12360
Type: Notice
Date: 2018-06-08
Agency: Farm Credit System Insurance Corporation, Agencies and Commissions
Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board).
Submission for OMB Review; Comment Request
Document Number: 2018-12357
Type: Notice
Date: 2018-06-08
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is making a correction to the notice published at 83 FR 19549 on May 3, 2018, which advised that the Defense Acquisition Regulations System submitted to OMB for clearance, a proposal for collection of information under the provisions of the Paperwork Reduction Act. The document contained an incorrect docket number.
Annual Business Survey
Document Number: 2018-12356
Type: Notice
Date: 2018-06-08
Agency: Department of Commerce, Bureau of the Census
Notice is hereby given that the Bureau of the Census (Census Bureau) has determined that it is conducting the Annual Business Survey (ABS) of domestic nonfarm employer businesses in 2018. We have determined that data to be collected in this survey are needed to aid the efficient performance of essential governmental functions and have significant application to the needs of the public and industry. The ABS will provide the only comprehensive federal data on owner demographics and business characteristics, including financing research and development (for microbusinesses), and innovation. The data derived from this survey are not publicly available from nongovernmental or other governmental sources.
Hours of Service (HOS) of Drivers; American Pyrotechnics Assn. (APA); Request To Add New Members to Current APA Exemption; Request for Comments
Document Number: 2018-12355
Type: Notice
Date: 2018-06-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The American Pyrotechnics Association (APA) has requested an exemption for three member companiesArtisan Pyrotechnics Inc., Montana Display Fireworks, Inc., and ZY Pyrotechnics, LLC dba Skyshooter Displays, Inc.from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. Fifty APA members currently hold such an exemption during the Independence Day period each year, terminating on July 8, 2020. If granted, this exemption would terminate at the same time as the other 50 exempted carriers. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.
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