58728 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations 
conducted under a contract, grant, or 
cooperative agreement with a department, agency, or instrumentality of the U.S. government (or under a subcontract between the prime contractor of the department, agency, or instrumentality, and the person subject to paragraph (a)), with the approval of the FAA, or under an exemption issued by the FAA. The FAA will process requests for approval or exemption in a timely manner, with the order of preference being: First, for those operations in support of U.S. government-sponsored activities; second, for those operations in support of government-sponsored activities of a foreign country with the support of a U.S. government department, agency, or instrumentality; and third, for all other operations. 
(d) Emergency situations. In an 
emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to 
the extent required by that emergency. Except for U.S. air carriers and commercial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office (FSDO) a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons for it. 
(e) Expiration. This SFAR will remain 
in effect until January 7, 2020. The FAA may amend, rescind, or extend this SFAR as necessary. 
Issued in Washington, DC, under the 
authority of 49 U.S.C. 106(f) and (g), 
40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on December 8, 2017. 
Michael P. Huerta, Administrator. 
[FR Doc. 2017–26903 Filed 12–13–17; 8:45 am] 
BILLING CODE 4910–13–P 
CONSUMER PRODUCT SAFETY 
COMMISSION 
16 CFR Part 1460 
[Docket No. CPSC–2015–0006] 
Revision to Children’s Gasoline Burn 
Prevention Act Regulation 
AGENCY : Consumer Product Safety 
Commission. 
ACTION : Direct final rule. 
SUMMARY : The Children’s Gasoline Burn 
Prevention Act (CGBPA or the Act) adopted as a consumer product safety rule, the child-resistance requirements for closures on portable gasoline containers published in the ASTM voluntary standard, Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use, ASTM F2517–05. ASTM F2517 was revised in 2015. These revisions became law under the Act, which the Commission codified through a direct final rule in 2015. On November 13, 2017, the Commission received notice from ASTM that a revision to ASTM F2517 was published in November 2017. In this direct final rule the Commission reviews and evaluates the revised ASTM F2517, finding that the revisions carry out the purposes of the CGBPA’s requirements. Accordingly, the 2017 revisions to the child-resistance requirements will be automatically incorporated and apply as the statutorily mandated standard for closures on portable gasoline containers. This direct final rule updates the Commission’s regulation to reflect that the requirements for closures on portable gasoline containers must meet the requirements in ASTM F2517–17. 
DATES : This rule will be effective on 
January 12, 2018, unless the Commission receives significant adverse comment by December 28, 2017. If we receive timely significant adverse comments, we will publish notification in the Federal Register withdrawing this direct final rule. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of January 12, 2018. 
ADDRESSES : You may submit comments, 
identified by Docket No. CPSC–2015– 0006, by any of the following methods: 
Electronic Submissions: Submit 
electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission 
encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. 
Written Submissions: Submit written 
comments (paper, disk, or CD–ROM submissions) by mail/hand delivery/ courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. 
Instructions: All submissions received 
must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to http://www.regulations.gov. Do not 
submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. 
FOR FURTHER INFORMATION CONTACT : John 
Boja, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone (301) 504–7300; jboja@cpsc.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
The Children’s Gasoline Burn 
Prevention Act. The CGBPA was enacted on July 17, 2008. The Act established as a consumer product safety rule ASTM International’s (ASTM) F2517–05’s child-resistance requirements for closures on portable gasoline containers. All portable gasoline containers manufactured on or after January 17, 2009 for sale to consumers in the United States must conform to ASTM F2517’s child- resistance requirements. By mandating closures that resist access by children up to 51 months of age (4 years and 3 months), the Act seeks to reduce hazards to children, including children ingesting gasoline and inhaling gasoline fumes, and the risk of burns from fires and explosions that may occur when children access gasoline stored in portable gasoline containers. The Act did not require the Commission to undertake any action for the Act’s provisions to take effect; rather, ASTM 2715–05’s child-resistance requirements were made mandatory through operation of law. The Children’s Gasoline Burn Prevention Act, Public Law 110–278; 122 Stat. 2602, Sec. 2(b) (July 17, 2008), codified as a note to 15 U.S.C. 2056. 
CGBPA Provisions Regarding Updates 
to ASTM F2517. Under the Act, ASTM must notify the Commission of any revision to the child-resistance requirements for closures contained in ASTM F2517. Once ASTM notifies the CPSC of ASTM’s revisions to this voluntary standard, the revisions will be incorporated by operation of law and will become the consumer product safety standard within 60 days after such notice. However, the Commission can prevent such incorporation if the Commission determines that revisions to the voluntary standard do not carry 
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1Staff Briefing Memorandum available at https:// 
www.cpsc.gov/s3fs-public/ChildrensGasolineBurn
PreventionActRegulation.pdf?OrMoO3W9UP6IAQT
1mSA5JLORRPgJA_ n9. out the purposes of the child-resistance 
requirements for closures on portable gasoline containers as specified in ASTM F2517, and so notifies ASTM. 
On February 11, 2015, ASTM gave 
notice to CPSC of revisions to ASTM F2517–05. The revised standard was designated as ASTM F2517–15. The Commission determined that the revisions to the voluntary standard stated in ASTM F2517–15 carried out the purposes of the child-resistance requirements for closures on portable gasoline containers. Accordingly, by operation of law, the revisions became effective 60 days after February 11, 2015, on April 13, 2015. So that the Code of Federal Regulations would include the standard, the Commission published a direct final rule, 80 FR 16961 (March 31, 2015), codifying the Commission’s incorporation by reference of ASTM F2517–15 at 16 CFR part 1460. 
2017 Revisions to ASTM F2517. On 
November 13, 2017, ASTM notified the Commission that it has again revised ASTM F2517. On October 1, 2017, ASTM approved publication of ASTM F2517–17, and published the standard in November 2017. Unless the Commission determines that the revisions to ASTM F2517–17 fail to carry out the purposes of the child- resistance requirements for closures on portable gasoline containers specified in ASTM F2517, and notifies ASTM of this determination, the revisions to ASTM F2517 become a mandatory consumer 
product safety standard by operation of law, effective January 12, 2018. 
As set forth in this preamble, the 
Commission has determined that the revisions made to ASTM F2517 carry out the purposes of the child-resistance requirements for closures on portable gasoline containers. Accordingly, by operation of law, the requirements for closures on portable gasoline containers, as specified in ASTM F2517–17, are mandatory for all such containers sold or imported into the United States that were manufactured on or after January 12, 2018. To provide clarity to the regulated industry, the Commission will revise our regulation at 16 CFR part 1460 to reflect the incorporation by reference of this revised voluntary standard. 
II. Description of the Rule 
The rule codifies the child-resistance 
requirements for closures on portable 
gasoline containers as stated in ASTM F2517–17. These requirements are mandatory effective January 12, 2018. The Commission is publishing this direct final rule incorporating by reference ASTM F2517–17 so that the Code of Federal Regulations will reflect the current version of this mandatory standard. 
Revisions to ASTM F2517 in the 2017 
update increase the stringency of the testing requirements or refine the testing environment to aid in test reliability. These changes are described in more detail in the Staff’s Briefing Memorandum.
1Changes to the 
voluntary standard include: 
•Reducing the amount of water 
required in a tested container from a half-filled container to a quarter-filled container. Decreasing the amount of liquid required for the test makes the container weigh less, increasing the likelihood that children are able to manipulate a container to access the liquid. 
•For containers with multiple 
closures, removing the requirement to seal off closures not being tested. Manufacturers report that children are distracted by sealing mechanisms on closures not being tested. Accordingly, this revision removes the distraction and focuses the children’s attention on attempting to open, or ‘‘get the liquid out’’ of the closure being tested. Although children are instructed to try and open one closure at a time on the container, the test is strengthened by failing a container if a child is able to access liquid from any closure during testing. 
•Adding requirements to measure 
and document the torque needed to secure a closure. Currently, the standard requires testing on new portable gasoline containers that have not been exposed to fuel or residue. ASTM members are concerned that degradation of a portable gasoline container could occur after exposure to fuel, which may affect the torque value of the child- resistant closures. This requirement is intended to aid in consideration of a future provision that would limit the change in torque value after exposure to fuel. 
•Clarifying test instructions and 
requirements to remove possible ambiguities in the test procedure. ASTM F2517–17 adds information and instructions regarding how manufacturers should seek consent for testing children at daycare facilities. The revised standard also updates instructions given to the children during testing to reflect newer child resistant closure technology that does not necessarily ‘‘open’’ in the traditional sense. Children are now instructed: ‘‘Please try to open this for me or get the 
liquid out.’’ 
•Allowing the option to use central 
location testing. Previously, testing was primarily conducted at daycare facilities. Manufacturers expressed frustration with the decreasing number of daycare facilities willing to participate in testing portable gasoline containers. ASTM F2517–17 allows the option to conduct testing at a central location, providing a more feasible testing venue and allowing the industry to continue to develop newer child-safe products. Additionally, a new Appendix to ASTM F2517–17 provides non- mandatory recommendations for laboratory testing procedures that are intended to prevent fraud in testing. 
After reviewing the changes to the 
child-resistance requirements in F2517– 17, as outlined above, the Commission determines that the revised standard carries out the purposes of the Act for closures on portable gasoline containers. Each revision increases the stringency of the testing requirements or refines the testing environment to aid in test reliability. Accordingly, the 2017 revisions to the child-resistance requirements of ASTM F2517 will be incorporated into the CPSC mandatory rule, as provided in the Act. However, because the scope of the consumer product safety rule is established by the CGBPA, this rule does not incorporate by reference the scope section of ASTM F2517–17 or Appendix X2 that relates to the scope section of ASTM F2517–17. 
III. Direct Final Rule 
The Commission is issuing this rule 
as a direct final rule. The 
Administrative Procedure Act (APA) generally requires notice and comment rulemaking except when the agency, for good cause, finds that notice and public procedure are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ The Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. ACUS also recommended using direct final rulemaking when an agency concludes that notice and comment is ‘‘unnecessary’’ under the APA’s good cause exemption. See ACUS, Recommendation, 95–4, 60 FR 43108, 43110 (August 18, 1995). 
This rule will revise the reference at 
16 CFR part 1460 to refer to ASTM F2517–17, which will be in full force and effect by operation of law on January 12, 2018. In these circumstances, where the substantive 
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requirements are mandated by statute 
and become effective under the statute, public comment on updating the reference to the ASTM standard serves little purpose. Moreover, we do not expect that updating the reference would be controversial or result in significant adverse comment. As a result, the Commission believes that a direct final rule codifying the revised standard in these circumstances is appropriate. 
Unless we receive a significant 
adverse comment by December 28, 2017, the rule will become effective on January 12, 2018. In accordance with ACUS’s recommendation, the Commission considers a significant adverse comment to be one in which the commenter explains why the rule would be inappropriate, including an assertion challenging the rule’s underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. Should the Commission receive a significant 
adverse comment, the Commission would withdraw this direct final rule. Depending on the comments and other circumstances, the Commission may then incorporate the adverse comment into a subsequent direct final rule or publish a notice of proposed rulemaking providing an opportunity for public comment. 
IV. Incorporation by Reference 
Section 1460.3 of the final rule 
provides that closures on portable 
gasoline containers must comply with the child-resistance requirements of ASTM F2517–17. The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. The OFR’s regulation requires that, for a final rule, agencies must discuss in the rule’s preamble ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the rule must summarize the material. 1 CFR 51.5(b). 
In accordance with the OFR’s 
requirements, section II of this preamble summarizes the provisions of ASTM F2517–17. Interested persons may purchase a copy of ASTM F2517–17 from ASTM, either through ASTM’s website or by mail at the address provided in the rule. One may also inspect a copy of the standard at the CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission. 
V. Effective Date 
As discussed in the preceding section, 
this is a direct final rule. Unless the Commission receives a significant 
adverse comment by December 28, 2017, the rule will become effective on January 12, 2018. Portable gasoline containers manufactured or imported on or after January 12, 2018 must comply with the child-resistance requirements for closures on portable gasoline containers in ASTM F2517–17. 
VI. Other Relevant Statutory Provisions A. Regulatory Flexibility Act 
The Regulatory Flexibility Act (RFA) 
generally requires an agency to prepare 
a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the APA or any other statutes unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 603 and 605. This rule updates the reference in part 1460 to reflect requirements in the revised voluntary standard, ASTM F2517–17, that will take effect through operation of law, as specified in the CGBPA. Because the rule does not impose any requirements beyond those put in place by the CGBPA, the rule does not create new substantive obligations for any entity, including any small entity. Accordingly, the Commission certifies that the rule will not have a significant impact on a substantial number of small entities. 
B. Environmental Considerations 
The Commission’s regulations 
provide a categorical exclusion for the 
Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement because they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. 
C. Paperwork Reduction Act 
This direct final rule contains no 
collection of information. Therefore, 
clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) is not required. 
VII. Preemption 
Section 26(a) of the Consumer 
Product Safety Act (CPSA), 15 U.S.C. 
2075(a), provides that where a ‘‘consumer product safety standard under [the CPSA]’’ is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk of injury unless the state requirement is identical to the federal standard. As discussed above, under the CGBPA, the child-resistance requirements of ASTM F2517 are a consumer product safety standard under the CPSA. Children’s Gasoline Burn Prevention Act, Public Law 110–278, Sec. 2(a) (July 17, 2008). The child-resistance requirements of ASTM F2517–17, which will be codified under this rule, will invoke the preemptive effect of section 26(a) of the CPSA. 
VIII. Certification 
Section 14(a) of the CPSA requires 
that products subject to a consumer 
product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other act enforced by the Commission, be certified as complying with all applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification must be based on a test of each product, or on a reasonable testing program. Because ASTM F2517–17 is a consumer product safety rule under the CPSA, portable gasoline containers manufactured or imported on or after January 12, 2018, are subject to the testing and certification requirements of section 14 of the CPSA with respect to ASTM F2517–17. 
List of Subjects in 16 CFR Part 1460 
Consumer protection, Gasoline, 
Incorporation by reference, Safety. 
For the reasons stated above, the 
Commission amends 16 CFR part 1460 
as follows: 
PART 1460—CHILDREN’S GASOLINE 
BURN PREVENTION ACT REGULATION 
■1. The authority citation for part 1460 
continues to read as follows: 
Authority: Sec. 2, Pub. L. 110–278, 122 
Stat. 2602. 
■2. Revise § 1460.3 to read as follows: 
§ 1460.3 Requirements for child-resistance 
for closures on portable gasoline containers. 
Each portable gasoline container 
manufactured on or after January 12, 
2018 for sale in the United States shall conform to the child-resistance requirements for closures on portable gasoline containers specified in sections 2 through 6 of ASTM F2517–17 (including Appendices X1, X3, and X4), Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use, approved on October 1, 2017. The 
Director of the Federal Register approves the incorporation by reference listed in this section in accordance with 
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117 CFR 229.601. 
217 CFR 239.40. 
317 CFR 249.220f 
4Exhibit Hyperlinks and HTML Format, Release 
Nos. 33–10322, 34–80132 (March 1, 2017) [82 FR 
14130 (March 17, 2017)] (‘‘Hyperlinks Release’’). 
5See id. at Section I. 
617 CFR 230.405. 
717 CFR 240.12b–2. 
8See Hyperlinks Release, supra note 1, at Section 
II.B.3. 
9See Hyperlinks Release, supra note 1, at n. 55 
(explaining that asset-backed issuers are required to incorporate by reference Form ABS–EE information in Form 10–D and how the hyperlinking requirement applies with respect to Form 10–D filings) & n.72 and accompanying text. 10Adoption of Updated EDGAR Manual, Release 
No. 33–10444, (December 8, 2017), available at https://www.sec.gov/rules/final.shtml. 
11Issuers are not required to submit their Form 
10–D and Form ABS–EE in a single submission. An issuer may file a Form 10–D and Form ABS–EE in separate submissions and comply with the new requirements by including an external hyperlink in the Form 10–D to a previously filed Form ABS–EE. 5 U.S.C. 552(a) and 1 CFR part 51. You 
may obtain a copy of these ASTM standards from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428–2959 USA; telephone: 610–832–9585; http://www.astm.org/. You may inspect copies 
at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301– 504–7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741– 6030, or go to: www.archives.gov/ federal-register/cfr/ibr-locations.html. 
Alberta E. Mills, 
Acting Secretary, U.S. Consumer Product 
Safety Commission. 
[FR Doc. 2017–26954 Filed 12–13–17; 8:45 am] 
BILLING CODE 6355–01–P 
SECURITIES AND EXCHANGE 
COMMISSION 
17 CFR Parts 229, 232, 239 and 249 
[Release Nos. 33–10446; 34–82280; File No. 
S7–19–16] 
RIN 3235–AL95 
Compliance Date for Form 10–D 
Hyperlink Requirements 
AGENCY : Securities and Exchange 
Commission. 
ACTION : Notification of compliance date. 
SUMMARY : The Securities and Exchange 
Commission (‘‘Commission’’) is publishing this document to inform the public that it has set a compliance date for its previously-adopted exhibit hyperlinking requirements for Form 10– Ds that require hyperlinks to any exhibits filed with Form ABS–EE. The Commission on March 1, 2017 required registrants that file registration statements and reports subject to the exhibit requirements under Item 601 of Regulation S–K, or that file Forms F–10 or 20–F, to include a hyperlink to each exhibit listed in the exhibit index of these filings, but deferred setting a compliance date with respect to any Form 10–D that will require hyperlinks to any exhibits filed with Form ABS–EE until the Commission announced that technical programming changes to allow issuers to include Form 10–D and Form ABS–EE in a single submission had been completed, and published a notification of the compliance date for Form 10–D in the Federal Register. 
DATES : The compliance date with 
respect to any Form 10–D that will require hyperlinks to any exhibits filed with Form ABS–EE is June 1, 2018. 
FOR FURTHER INFORMATION CONTACT : 
Kayla Roberts, Special Counsel, at (202) 551–3850, in the Office of Structured Finance, Division of Corporation Finance, U.S. Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549. 
SUPPLEMENTARY INFORMATION : On March 
1, 2017, the Commission adopted rule and form amendments requiring registrants that file registration statements and reports subject to the exhibit requirements under Item 601 of Regulation S–K,
1or that file Forms F– 
102or 20–F,3to include a hyperlink to 
each exhibit listed in the exhibit index of these filings.
4To enable the inclusion 
of hyperlinks, the amendments also require that registrants submit all filings on EDGAR in HyperText Markup Language (‘‘HTML’’) format because the American Standard Code for Information Interchange (‘‘ASCII’’) format cannot support functional hyperlinks.
5 
The amendments took effect on 
September 1, 2017 for most registrants. Registrants that are ‘‘smaller reporting companies,’’ as defined in Rule 405
6 
under the Securities Act of 1933 and Rule 12b–2
7under the Securities 
Exchange Act of 1934, or are neither ‘‘large accelerated filers’’ nor ‘‘accelerated filers,’’ as defined in Exchange Act Rule 12b–2, and that submit filings in ASCII will not need to comply with the new rules until September 1, 2018, one year after the effective date for other filers.
8The 
Commission deferred establishing a compliance date for any Form 10–D filing that will require a hyperlink to an exhibit filed with Form ABS–EE until Commission staff completed programming changes to EDGAR to allow Form 10–D filers to include the Form 10–D and Form ABS–EE in a single EDGAR submission so that the required hyperlinks could be created at the time the Form 10–D is filed.
9Such programming changes have now been completed.
10 
Any registrant filing a Form 10–D on 
or after June 1, 2018, must include a hyperlink to any exhibit filed with Form ABS–EE that is included in the exhibit index of Form 10–D.
11 
By the Commission. 
Dated: December 11, 2017. 
Brent J. Fields, Secretary. 
[FR Doc. 2017–26982 Filed 12–13–17; 8:45 am] 
BILLING CODE 8011–01–P 
SECURITIES AND EXCHANGE 
COMMISSION 
17 CFR Parts 232, 239, 249, 270, and 
274 
[Release Nos. 33–10442; 34–82241; IC– 
32936; File No. S7–08–15] 
RIN 3235–AL42 
Investment Company Reporting 
Modernization 
AGENCY : Securities and Exchange 
Commission. 
ACTION : Temporary final rule. 
SUMMARY : The Securities and Exchange 
Commission (the ‘‘Commission’’) is adopting a temporary final rule that requires funds in larger fund groups to maintain in their records the information that is required to be included in Form N–PORT, in lieu of filing reports with the Commission, until April 2019. As a result, larger funds groups will be required to begin submitting reports on Form N–PORT on the Electronic Data Gathering, Analysis, and Retrieval (‘‘EDGAR’’) system by April 30, 2019, and smaller fund groups will be required to begin submitting reports on Form N–PORT by April 30, 2020. The information that funds in larger fund groups maintain in their records will be subject to examination by the Commission. In addition, the Commission is delaying the rescission of current Form N–Q and delaying the effectiveness of certain amendments to other rules and forms. 
DATES : Effective January 16, 2018 until 
March 31, 2026. The effective date for the amendments to 17 CFR 232.401, 249.332, 270.8b–33, 270.30a–2, 
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