[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3633-3637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00160]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 19

[FRL-9958-06-OECA]


Civil Monetary Penalty Inflation Adjustment Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is promulgating this 
final rule to adjust the level of statutory civil monetary penalty 
amounts under the statutes EPA administers. This action is mandated by 
the Federal Civil Penalties Inflation Adjustment Act of 1990, as

[[Page 3634]]

amended through the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (``the 2015 Act''). The 2015 Act prescribes a 
formula for annually adjusting statutory civil penalties to reflect 
inflation, maintain the deterrent effect of statutory civil penalties, 
and promote compliance with the law. The rule does not necessarily 
revise the penalty amounts that EPA chooses to seek pursuant to its 
civil penalty policies in a particular case. EPA's civil penalty 
policies, which guide enforcement personnel in how to exercise EPA's 
statutory penalty authorities, take into account a number of fact-
specific considerations, e.g., the seriousness of the violation, the 
violator's good faith efforts to comply, any economic benefit gained by 
the violator as a result of its noncompliance, and a violator's ability 
to pay.

DATES: This final rule is effective on January 15, 2017.

FOR FURTHER INFORMATION CONTACT:  David Smith-Watts, Office of Civil 
Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 
2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, telephone number: (202) 564-4083; [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Since 1990, Federal agencies have been required to issue 
regulations adjusting for inflation the statutory civil penalties \1\ 
that can be imposed under the laws administered by that agency. The 
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by 
the Debt Collection Improvement Act of 1996 (DCIA), required agencies 
to review their statutory civil penalties every 4 years, and to adjust 
the statutory civil penalty amounts for inflation if the increase met 
the DCIA's adjustment methodology. In accordance with the DCIA, EPA 
reviewed and, as appropriate, adjusted the civil penalty levels under 
each of the statutes the agency implements in 1996 (61 FR 69360), 2004 
(69 FR 7121), 2008 (73 FR 75340), and 2013 (78 FR 66643).
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    \1\ The Federal Civil Penalties Inflation Adjustment Act of 
1990, Public Law 101-410, 28 U.S.C. 2461 note, defines ``civil 
monetary penalty'' as ``any penalty, fine, or other sanction that--
(A)(i) is for a specific monetary amount as provided by Federal law; 
or (ii) has a maximum amount provided for by Federal law; and (B) is 
assessed or enforced by an agency pursuant to Federal law; and (C) 
is assessed or enforced pursuant to an administrative proceeding or 
a civil action in the Federal courts.''
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    The 2015 Act \2\ requires agencies to: (1) Adjust the level of 
statutory civil penalties with an initial ``catch-up'' adjustment 
through an interim final rulemaking; and (2) beginning January 15, 
2017, make subsequent annual adjustments for inflation. The purpose of 
the 2015 Act is to maintain the deterrent effect of civil penalties by 
translating originally enacted statutory civil penalty amounts to 
today's dollars and rounding statutory civil penalties to the nearest 
dollar.
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    \2\ The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Section 701 of Pub. L. 114-74) was signed 
into law on Nov. 2, 2015, and further amended the Federal Civil 
Penalties Inflation Adjustment Act of 1990.
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    As required by the 2015 Act, EPA issued a catch up rule on July 1, 
2016, which was effective August 1, 2016 (81 FR 43091). This rule 
implements the annual penalty inflation adjustments mandated by the 
2015 Act. Beginning in 2017, Section 4 of the 2015 Act requires each 
federal agency to publish annual adjustments to all civil penalties 
under the laws implemented by that agency. These annual adjustments are 
required to be published by January 15 of each year. The 2015 Act 
describes the method for calculating the adjustments. Each statutory 
maximum civil monetary penalty is multiplied by the cost-of-living 
adjustment, which is the percentage by which the Consumer Price Index 
for all Urban Consumers (CPI-U) for the month of October 2016 exceeds 
the CPI-U for the month of October 2015.
    With this rule, the new statutory maximum (or minimum \3\) penalty 
levels listed in Table 2 to 40 CFR 19.4 will apply to all statutory 
civil penalties assessed on or after January 15, 2017, for violations 
that occurred after November 2, 2015, when the 2015 Act was enacted. 
The statutory civil penalty levels, as codified at Table 1 to 40 CFR 
19.4, will continue to apply to: (1) Violations that occurred on or 
before November 2, 2015, and (2) violations that occurred after 
November 2, 2015, where the penalty assessment was made prior to August 
1, 2016.
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    \3\ Under Section 3(2)(A) of the 2015 Act, ``civil monetary 
penalty'' means ``a specific monetary amount as provided by Federal 
law''; or ``has a maximum amount provided for by Federal law.'' EPA-
administered statutes generally refer to statutory maximum 
penalties, with the following exceptions: Section 311(b)(7)(D) of 
the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum 
penalty of ``not less than $100,000 . . .''; Section 104B(d)(1) of 
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 
1414b(d)(1), refers to an exact penalty of $600 ``[f]or each dry ton 
(or equivalent) of sewage sludge or industrial waste dumped or 
transported by the person in violation of this subsection in 
calendar year 1992. . .''; and Section 325(d)(1) of the Emergency 
Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1), 
refers to an exact civil penalty of $25,000 for each frivolous trade 
secret claim.
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    The formula for determining the cost-of-living or inflation 
adjustment to statutory civil penalties consists of the following 
steps:
    Step 1: The cost-of-living adjustment multiplier for 2017, based on 
the CPI-U of October 2016, is 1.01636.\4\ Multiply 1.01636 by the 
current penalty amount. This is the raw adjusted penalty value.
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    \4\ Office of Management and Budget Memorandum, Implementation 
of the 2017 annual adjustment pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB 
Memorandum M-17-11) at p. 1 (December 16, 2016).
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    Step 2: Round the raw adjusted penalty value. Section 5 of the 2015 
Act states that any adjustment shall be rounded to the nearest multiple 
of $1. The result is the final penalty value for the year.

II. The 2015 Act Requires Federal Agencies To Publish Annual Penalty 
Inflation Adjustments Notwithstanding Section 553 of the Administrative 
Procedures Act

    Section 4 of the 2015 Act directs federal agencies to publish 
annual adjustments no later than January 15, 2017. In accordance with 
section 553 of the Administrative Procedures Act (APA), most rules are 
subject to notice and comment and are effective no earlier than 30 days 
after publication in the Federal Register. However, Section 4(b)(2) of 
the 2015 Act provides that each agency shall make the annual inflation 
adjustments ``notwithstanding section 553'' of the APA. According to 
OMB guidance issued to Federal agencies on the implementation of the 
2017 annual adjustment,\5\ the phrase ``notwithstanding section 553'' 
means that ``the public procedure the APA generally provides--notice, 
an opportunity for comment, and a delay in effective date--is not 
required for agencies to issue regulations implementing the annual 
adjustment.'' Consistent with the language of the 2015 Act and OMB's 
implementation guidance, this rule is not subject to notice and an 
opportunity for public comment and will be effective immediately upon 
publication.
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    \5\ See OMB Memorandum M-17-11 at p. 3.
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III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866, OMB determined this final rule to be a 
``non-significant'' regulatory action and, therefore, it did not 
undergo interagency review.\6\
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    \6\ See OMB Memorandum M-17-11 at p. 3.

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[[Page 3635]]

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This rule merely increases the level of statutory civil 
penalties that could be imposed in the context of a Federal civil 
administrative enforcement action or civil judicial case for violations 
of EPA-administered statutes and their implementing regulations.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs 
Federal agencies to publish this rule notwithstanding section 553 of 
the APA, this rule is not subject to notice and comment requirements or 
the RFA.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action is required by the 2015 Act, without the 
exercise of any policy discretion by EPA. This action also imposes no 
enforceable duty on any state, local or tribal governments or the 
private sector. Because the calculation of any increase is formula-
driven pursuant to the 2015 Act, EPA has no policy discretion to vary 
the amount of the adjustment.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
a substantial direct effect on the states, or on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule merely reconciles the real value of 
current statutory civil penalty levels to reflect and keep pace with 
the levels originally set by Congress when the statutes were enacted. 
The calculation of the increases is formula-driven and prescribed by 
statute, and EPA has no discretion to vary the amount of the adjustment 
to reflect any views or suggestions provided by commenters. 
Accordingly, this rule will not have a substantial direct effect on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. This action is not subject to Executive Order 
13045 because it does not concern an environmental health risk or 
safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    The rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. Rather, this action is 
mandated by the 2015 Act, which prescribes a formula for adjusting 
statutory civil penalties on an annual basis to reflect inflation.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency finds 
that notice and comment rulemaking procedures are impracticable, 
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The 
2015 Act directs Federal agencies to publish their annual penalty 
inflation adjustments ``notwithstanding section 553 [of the APA].'' 
Because OMB has instructed Federal agencies that this provision means 
that ``notice, an opportunity for comment, and a delay in the effective 
date'' are not required for agencies to issue regulations implementing 
the annual adjustment,\7\ EPA finds that the APA's notice and comment 
rulemaking procedures are impracticable, unnecessary or contrary to the 
public interest.
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    \7\ See OMB Memorandum M-17-11 at p. 3.
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List of Subjects in 40 CFR Part 19

    Environmental protection, Administrative practice and procedure, 
Penalties.

    Dated: January 3, 2017.
Gina McCarthy,
Administrator.

    For the reasons set out in the preamble, EPA amends title 40, 
chapter I, part 19 of the Code of Federal Regulations as follows:

PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

0
1. The authority citation for part 19 continues to read as follows:

    Authority:  Pub. L. 101-410, Oct. 5, 1990, 104 Stat. 890, as 
amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26, 
1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a), 
Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec. 
701(b), Nov. 2, 2015, 129 Stat. 599.

0
2. Revise Sec.  19.2 to read as follows:


Sec.  19.2   Effective date.

    The penalty levels in the last column of Table 1 to Sec.  19.4 
apply to all violations which occurred after December 6, 2013 through 
November 2, 2015, and to violations occurring after November 2, 2015, 
where penalties are assessed before August 1, 2016. The statutory civil 
penalty levels set forth in the fourth column of Table 2 to Sec.  19.4 
apply to all violations which occur after November 2, 2015, where the 
penalties are assessed on or after August 1, 2016 and before January 
15, 2017. The statutory civil penalty levels set forth in the last 
column of Table 2 to Sec.  19.4 apply to all violations which occur 
after November 2, 2015, where the penalties are assessed on or after 
January 15, 2017.

0
3. Amend Sec.  19.4 by revising the introductory text and Table 2 to 
read as follows:


Sec.  19.4   Statutory civil penalties, as adjusted for inflation, and 
tables.

    Table 1 to Sec.  19.4 sets out the statutory civil penalty 
provisions of statutes administered by EPA, with the original statutory 
civil penalty levels, as enacted, and the operative statutory civil 
penalty levels, as adjusted for inflation, for violations occurring on 
or before

[[Page 3636]]

November 2, 2015, and for violations occurring after November 2, 2015, 
where penalties are assessed before August 1, 2016. Table 2 sets out 
the statutory civil penalty provisions of statutes administered by EPA, 
with the third column displaying the original statutory civil penalty 
levels, as enacted. The fourth column of Table 2 displays the operative 
statutory civil penalty levels where penalties are assessed on or after 
August 1, 2016 but before January 15, 2017, for violations that 
occurred after November 2, 2015; the last column displays the operative 
statutory civil penalty levels where penalties are assessed on or after 
January 15, 2017, for violations that occurred after November 2, 2015.
* * * * *

                      Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments
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                                                                         Statutory civil
                                                                          penalties for        Statutory civil
                                                                         violations that        penalties for
                                                   Statutory civil       occurred after        violations that
      U.S. Code citation        Environmental       penalties, as     November 2, 2015 and     occurred after
                                   statute             enacted        assessed on or after  November 2, 2015 and
                                                                       August 1, 2016 but   assessed on or after
                                                                       before January 15,     January 15, 2017
                                                                              2017
----------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1).........  Federal                        $5,000               $18,750               $19,057
                                Insecticide,
                                Fungicide, and
                                Rodenticide
                                Act (FIFRA).
7 U.S.C. 136l.(a)(2) \1\.....  FIFRA..........    $1,000/$500/$1,000  $2,750/$1,772/$2,750  $2,795/$1,801/$2,795
15 U.S.C. 2615(a)(1).........  Toxic                         $25,000               $37,500               $38,114
                                Substances
                                Control Act
                                (TSCA).
15 U.S.C. 2647(a)............  TSCA...........                $5,000               $10,781               $10,957
15 U.S.C. 2647(g)............  TSCA...........                $5,000                $8,908                $9,054
31 U.S.C. 3802(a)(1).........  Program Fraud                  $5,000               $10,781               $10,957
                                Civil Remedies
                                Act (PFCRA).
31 U.S.C. 3802(a)(2).........  PFCRA..........                $5,000               $10,781               $10,957
33 U.S.C. 1319(d)............  Clean Water Act               $25,000               $51,570               $52,414
                                (CWA).
33 U.S.C. 1319(g)(2)(A)......  CWA............       $10,000/$25,000       $20,628/$51,570       $20,965/$52,414
33 U.S.C. 1319(g)(2)(B)......  CWA............      $10,000/$125,000      $20,628/$257,848      $20,965/$262,066
33 U.S.C. 1321(b)(6)(B)(i)...  CWA............       $10,000/$25,000       $17,816/$44,539       $18,107/$45,268
33 U.S.C. 1321(b)(6)(B)(ii)..  CWA............      $10,000/$125,000      $17,816/$222,695      $18,107/$226,338
33 U.S.C. 1321(b)(7)(A)......  CWA............        $25,000/$1,000        $44,539/$1,782        $45,268/$1,811
33 U.S.C. 1321(b)(7)(B)......  CWA............               $25,000               $44,539               $45,268
33 U.S.C. 1321(b)(7)(C)......  CWA............               $25,000               $44,539               $45,268
33 U.S.C. 1321(b)(7)(D)......  CWA............       $100,000/$3,000       $178,156/$5,345       $181,071/$5,432
33 U.S.C. 1414b(d)(1)........  Marine                           $600                $1,187                $1,206
                                Protection,
                                Research, and
                                Sanctuaries
                                Act (MPRSA).
33 U.S.C. 1415(a)............  MPRSA..........      $50,000/$125,000     $187,500/$247,336     $190,568/$251,382
33 U.S.C. 1901 note (see       Certain Alaskan       $10,000/$25,000       $13,669/$34,172       $13,893/$34,731
 1409(a)(2)(A)).                Cruise Ship
                                Operations
                                (CACSO).
33 U.S.C. 1901 note (see       CACSO..........      $10,000/$125,000      $13,669/$170,861      $13,893/$173,656
 1409(a)(2)(B)).
33 U.S.C. 1901 note (see       CACSO..........               $25,000               $34,172               $34,731
 1409(b)(1)).
33 U.S.C. 1908(b)(1).........  Act To Prevent                $25,000               $70,117               $71,264
                                Pollution From
                                Ships (APPS).
33 U.S.C. 1908(b)(2).........  APPS...........                $5,000               $14,023               $14,252
42 U.S.C. 300g-3(b)..........  Safe Drinking                 $25,000               $53,907               $54,789
                                Water Act
                                (SDWA).
42 U.S.C. 300g-3(g)(3)(A)....  SDWA...........               $25,000               $53,907               $54,789
42 U.S.C. 300g-3(g)(3)(B)....  SDWA...........        $5,000/$25,000       $10,781/$37,561       $10,957/$38,175
42 U.S.C. 300g-3(g)(3)(C)....  SDWA...........               $25,000               $37,561               $38,175
42 U.S.C. 300h-2(b)(1).......  SDWA...........               $25,000               $53,907               $54,789
42 U.S.C. 300h-2(c)(1).......  SDWA...........      $10,000/$125,000      $21,563/$269,535      $21,916/$273,945
42 U.S.C. 300h-2(c)(2).......  SDWA...........       $5,000/$125,000      $10,781/$269,535      $10,957/$273,945
42 U.S.C. 300h-3(c)..........  SDWA...........        $5,000/$10,000       $18,750/$40,000       $19,057/$40,654
42 U.S.C. 300i(b)............  SDWA...........               $15,000               $22,537               $22,906
42 U.S.C. 300i-1(c)..........  SDWA...........   $100,000/$1,000,000   $131,185/$1,311,850   $133,331/$1,333,312
42 U.S.C. 300j(e)(2).........  SDWA...........                $2,500                $9,375                $9,528
42 U.S.C. 300j-4(c)..........  SDWA...........               $25,000               $53,907               $54,789
42 U.S.C. 300j-6(b)(2).......  SDWA...........               $25,000               $37,561               $38,175
42 U.S.C. 300j-23(d).........  SDWA...........        $5,000/$50,000        $9,893/$98,935      $10,055/$100,554
42 U.S.C. 4852d(b)(5)........  Residential                   $10,000               $16,773               $17,047
                                Lead-Based
                                Paint Hazard
                                Reduction Act
                                of 1992.
42 U.S.C. 4910(a)(2).........  Noise Control                 $10,000               $35,445               $36,025
                                Act of 1972.
42 U.S.C. 6928(a)(3).........  Resource                      $25,000               $93,750               $95,284
                                Conservation
                                and Recovery
                                Act (RCRA).
42 U.S.C. 6928(c)............  RCRA...........               $25,000               $56,467               $57,391
42 U.S.C. 6928(g)............  RCRA...........               $25,000               $70,117               $71,264
42 U.S.C. 6928(h)(2).........  RCRA...........               $25,000               $56,467               $57,391
42 U.S.C. 6934(e)............  RCRA...........                $5,000               $14,023               $14,252
42 U.S.C. 6973(b)............  RCRA...........                $5,000               $14,023               $14,252
42 U.S.C. 6991e(a)(3)........  RCRA...........               $25,000               $56,467               $57,391
42 U.S.C. 6991e(d)(1)........  RCRA...........               $10,000               $22,587               $22,957
42 U.S.C. 6991e(d)(2)........  RCRA...........               $10,000               $22,587               $22,957
42 U.S.C. 7413(b)............  Clean Air Act                 $25,000               $93,750               $95,284
                                (CAA).
42 U.S.C. 7413(d)(1).........  CAA............      $25,000/$200,000      $44,539/$356,312      $45,268/$362,141
42 U.S.C. 7413(d)(3).........  CAA............                $5,000                $8,908                $9,054
42 U.S.C. 7524(a)............  CAA............        $25,000/$2,500        $44,539/$4,454        $45,268/$4,527
42 U.S.C. 7524(c)(1).........  CAA............              $200,000              $356,312              $362,141
42 U.S.C. 7545(d)(1).........  CAA............               $25,000               $44,539               $45,268
42 U.S.C. 9604(e)(5)(B)......  Comprehensive                 $25,000               $53,907               $54,789
                                Environmental
                                Response,
                                Compensation,
                                and Liability
                                Act (CERCLA).
42 U.S.C. 9606(b)(1).........  CERCLA.........               $25,000               $53,907               $54,789
42 U.S.C. 9609(a)(1).........  CERCLA.........               $25,000               $53,907               $54,789

[[Page 3637]]

 
42 U.S.C. 9609(b)............  CERCLA.........       $25,000/$75,000      $53,907/$161,721      $54,789/$164,367
42 U.S.C. 9609(c)............  CERCLA.........       $25,000/$75,000      $53,907/$161,721      $54,789/$164,367
42 U.S.C. 11045(a)...........  Emergency                     $25,000               $53,907               $54,789
                                Planning and
                                Community
                                Right-To-Know
                                Act (EPCRA).
42 U.S.C. 11045(b)(1)(A).....  EPCRA..........               $25,000               $53,907               $54,789
42 U.S.C. 11045(b)(2)........  EPCRA..........       $25,000/$75,000      $53,907/$161,721      $54,789/$164,367
42 U.S.C. 11045(b)(3)........  EPCRA..........       $25,000/$75,000      $53,907/$161,721      $54,789/$164,367
42 U.S.C. 11045(c)(1)........  EPCRA..........               $25,000               $53,907               $54,789
42 U.S.C. 11045(c)(2)........  EPCRA..........               $10,000               $21,563               $21,916
42 U.S.C. 11045(d)(1)........  EPCRA..........               $25,000               $53,907               $54,789
42 U.S.C. 14304(a)(1)........  Mercury-                      $10,000               $15,025               $15,271
                                Containing and
                                Rechargeable
                                Battery
                                Management Act
                                (Battery Act).
42 U.S.C. 14304(g)...........  Battery Act....               $10,000               $15,025               $15,271
----------------------------------------------------------------------------------------------------------------
\1\ Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first
  mention of $1,000 and the $500 statutory maximum civil penalty amount were originally enacted in 1978 (Pub. L.
  95-396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92-516).

[FR Doc. 2017-00160 Filed 1-11-17; 8:45 am]
 BILLING CODE 6560-50-P