[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1974-1977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28243]



[[Page 1973]]

Vol. 83

Friday,

No. 9

January 12, 2018

Part XXII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 / 
Unified Agenda

[[Page 1974]]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Ch. II


Semiannual Regulatory Agenda

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission publishes its semiannual 
regulatory flexibility agenda. In addition, this document includes an 
agenda of regulatory actions that the Commission expects to be under 
development or review by the agency during the next year. This document 
meets the requirements of the Regulatory Flexibility Act and Executive 
Order 12866. The Commission welcomes comments on the agenda and on the 
individual agenda entries.

DATES: Comments should be received in the Office of the Secretary on or 
before February 12, 2018.

ADDRESSES: Comments on the regulatory flexibility agenda should be 
captioned, ``Regulatory Flexibility Agenda,'' and emailed to: <a href="/cdn-cgi/l/email-protection#395a494a5a14564a795a494a5a175e564f"><span class="__cf_email__" data-cfemail="8deefdfeeea0e2fecdeefdfeeea3eae2fb">[email protected]</span></a>. Comments may also be mailed or delivered to the Office of 
the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814-4408.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda, 
in general, contact Charu Krishnan, Directorate for Economic Analysis, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814-4408; <a href="/cdn-cgi/l/email-protection#0f6c647d667c67616e614f6c7f7c6c21686079"><span class="__cf_email__" data-cfemail="432028312a302b2d222d03203330206d242c35">[email protected]</span></a>. For further information 
regarding a particular item on the agenda, consult the individual 
listed in the column headed, ``Contact,'' for that particular item.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 to 612) contains several provisions intended to reduce 
unnecessary and disproportionate regulatory requirements on small 
businesses, small governmental organizations, and other small entities. 
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish, 
twice each year, a regulatory flexibility agenda containing a brief 
description of the subject area of any rule expected to be proposed or 
promulgated, which is likely to have a ``significant economic impact'' 
on a ``substantial number'' of small entities.
    The agency must also provide a summary of the nature of the rule 
and a schedule for acting on each rule for which the agency has issued 
a notice of proposed rulemaking.
    The regulatory flexibility agenda also is required to contain the 
name and address of the agency official knowledgeable about the items 
listed. Furthermore, agencies are required to provide notice of their 
agendas to small entities and to solicit their comments by direct 
notification or by inclusion in publications likely to be obtained by 
such entities.
    Additionally, Executive Order 12866 requires each agency to 
publish, twice each year, a regulatory agenda of regulations under 
development or review during the next year, and the executive order 
states that such an agenda may be combined with the agenda published in 
accordance with the RFA. The regulatory flexibility agenda lists the 
regulatory activities expected to be under development or review during 
the next 12 months. It includes all such activities, whether or not 
they may have a significant economic impact on a substantial number of 
small entities. This agenda also includes regulatory activities that 
appeared in the spring 2017 agenda and have been completed by the 
Commission prior to publication of this agenda. Although CPSC, as an 
independent regulatory agency, is not required to comply with Executive 
Orders, the Commission does follow Executive Order 12866 regarding the 
publication of its regulatory agenda.
    The agenda contains a brief description and summary of each 
regulatory activity, including the objectives and legal basis for each; 
an approximate schedule of target dates, subject to revision, for the 
development or completion of each activity; and the name and telephone 
number of a knowledgeable agency official concerning particular items 
on the agenda.
    The internet is the basic means through which the Unified Agenda is 
disseminated. The complete Unified Agenda will be available online at: 
www.reginfo.gov, in a format that offers users the ability to obtain 
information from the Agenda database.
    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory Flexibility 
Act (5 U.S.C. 602), the Commission's printed agenda entries include 
only:
    (1) Rules that are in the agency's regulatory flexibility agenda, 
in accordance with the Regulatory Flexibility Act because they are 
likely to have a significant economic impact on a substantial number of 
small entities; and
    (2) Rules that the agency has identified for periodic review under 
section 610 of the Regulatory Flexibility Act.
    Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's agenda 
requirements. Additional information on these entries is available in 
the Unified Agenda published on the internet.
    The agenda reflects an assessment of the likelihood that the 
specified event will occur during the next year; the precise dates for 
each rulemaking are uncertain. New information, changes of 
circumstances, or changes in law may alter anticipated timing. In 
addition, no final determination by staff or the Commission regarding 
the need for, or the substance of, any rule or regulation should be 
inferred from this agenda.

    Dated: September 18, 2017.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.

          Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
394.......................  Flammability Standard for          3041-AB35
                             Upholstered Furniture.
395.......................  Regulatory Options for             3041-AC31
                             Table Saws.
396.......................  Portable Generators.......         3041-AC36
397.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------


[[Page 1975]]


          Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
398.......................  Prohibition of Children's          3041-AD59
                             Toys and Child Care
                             Articles Containing
                             Specified Phthalates:
                             Determinations Regarding
                             Certain Plastics.
------------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

394. Flammability Standard for Upholstered Furniture

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 1193; 5 U.S.C. 801
    Abstract: In October 2003, the Commission issued an advance notice 
of proposed rulemaking (ANPRM) to address the risk of fire associated 
with cigarette and small open-flame ignitions of upholstered furniture. 
The Commission published a notice of proposed rulemaking (NPRM) in 
March 2008, and received public comments. The Commission's proposed 
rule would require that upholstered furniture have cigarette-resistant 
fabrics or cigarette-and open flame-resistant barriers. The proposed 
rule would not require flame-resistant chemicals in fabrics or 
fillings. Since the Commission published the NPRM, CPSC staff has 
conducted testing of upholstered furniture, using both full-scale 
furniture and bench-scale models, as proposed in the NPRM. In FY 2016, 
staff was directed to prepare a briefing package summarizing the 
feasibility of adopting California's Technical Bulletin 117-2013 (TB 
117-2013) as a mandatory standard. Staff submitted this briefing 
package to the Commission in September 2016 with staff suggestions to 
continue further development of the ASTM and NFPA voluntary standards. 
In the FY 2017 Operating Plan, the Commission directed staff to work 
with the California Bureau of Electronic and Appliance Repair, Home 
Furnishings and Thermal Insulation (BEARHFTI) as well as voluntary 
standards development organizations, to improve upon and further refine 
the technical aspects of TB 117-2013.
    Currently, staff is working with voluntary standards organizations, 
both ASTM and NFPA, and BEARHFTI to evaluate new provisions and improve 
the existing consensus standards related to upholstered furniture 
flammability. Depending upon progress of the various standards, in FY 
2019, staff plans to prepare a briefing package with options for 
Commission consideration that includes continuing with or terminating 
rulemaking, pursuing alternative approaches to address the hazard and/
or continuing with voluntary standards development.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   06/15/94  59 FR 30735
Commission Hearing May 5 & 6, 1998     03/17/98  63 FR 13017
 on Possible Toxicity of Flame-
 Retardant Chemicals.
Meeting Notice......................   03/20/02  67 FR 12916
Notice of Public Meeting............   08/27/03  68 FR 51564
Public Meeting......................   09/24/03  .......................
ANPRM...............................   10/23/03  68 FR 60629
ANPRM Comment Period End............   12/22/03  .......................
Staff Held Public Meeting...........   10/28/04  .......................
Staff Held Public Meeting...........   05/18/05  .......................
Staff Sent Status Report to            01/31/06  .......................
 Commission.
Staff Sent Status Report to            11/03/06  .......................
 Commission.
Staff Sent Status Report to            12/28/06  .......................
 Commission.
Staff Sent Options Package to          12/22/07  .......................
 Commission.
Commission Decision to Direct Staff    12/27/07  .......................
 to Prepare Draft NPRM.
Staff Sent Draft NPRM to Commission.   01/22/08  .......................
Commission Decision to Publish NPRM.   02/01/08  .......................
NPRM................................   03/04/08  73 FR 11702
NPRM Comment Period End.............   05/19/08  .......................
Staff Published NIST Report on         05/19/09  .......................
 Standard Test Cigarettes.
Staff Publishes NIST Report on         09/14/12  .......................
 Standard Research Foam.
Notice of April 25 Public Meeting      03/20/13  78 FR 17140
 and Request for Comments.
Staff Holds Upholstered Furniture      04/25/13  .......................
 Fire Safety Technology Meeting.
Comment Period End..................   07/01/13  .......................
Staff Sends Briefing Package to        09/08/16
 Commission on California's TB 117-
 2013.
                                     -----------------------------------
Staff Updates Options Package to               To Be Determined
 Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Lock, Project Manager, Directorate for 
Laboratory Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2099, Email: <a href="/cdn-cgi/l/email-protection#96f7faf9f5fdd6f5e6e5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="3554595a565e75564546561b525a43">[email protected]</span></a>.
    RIN: 3041-AB35

395. Regulatory Options for Table Saws

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051
    Abstract: On July 11, 2006, the Commission voted to grant a 
petition requesting that the Commission issue a rule prescribing 
performance standards for a system to reduce or prevent injuries from 
contacting the blade of a table saw. The Commission also directed CPSC 
staff to prepare an advance notice of proposed rulemaking (ANPRM) 
initiating a rulemaking proceeding under the Consumer Product Safety 
Act (CPSA) to: (1) Identify the risk of injury associated with table 
saw blade-contact injuries; (2) summarize regulatory alternatives, and 
(3) invite comments from the public. An ANPRM was published on October 
11, 2011. The comment period ended on February 10, 2012. Staff 
participated in the Underwriters Laboratories (UL) working group to 
develop performance requirements for table saws, conducted performance 
tests on sample table saws, conducted survey work on blade guard use, 
and evaluated comments to the ANPRM. Staff prepared a briefing

[[Page 1976]]

package with a notice of proposed rulemaking (NPRM) and submitted the 
package to the Commission on January 17, 2017. The Commission voted to 
publish the NPRM and the comment period for the NPRM closed on July 26, 
2017. Public oral testimony to the Commission was heard on August 9, 
2017. Staff plans to prepare a Final Rule briefing package for 
Commission consideration in FY 2019.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Commission Decision to Grant           07/11/06  .......................
 Petition.
ANPRM...............................   10/11/11  76 FR 62678
Notice of Extension of Time for        12/02/11  76 FR 75504
 Comments.
ANPRM Comment Period End............   12/12/11  .......................
Comment Period End..................   02/10/12  .......................
Notice to Reopen Comment Period.....   02/15/12  77 FR 8751
Reopened Comment Period End.........   03/16/12  .......................
Staff Sent NPRM Briefing Package to    01/17/17  .......................
 Commission.
Commission Decision.................   04/27/17  .......................
NPRM................................   05/12/17  82-FR 22190
NPRM Comment Period End.............   07/26/17  .......................
Public Hearing......................   08/09/17  82 FR 31035
                                     -----------------------------------
Staff Sends Draft Final Rule                   To Be Determined
 Briefing Package to Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Caroleene Paul, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2225, Email: <a href="/cdn-cgi/l/email-protection#8ae9faebffe6cae9faf9e9a4ede5fc"><span class="__cf_email__" data-cfemail="88ebf8e9fde4c8ebf8fbeba6efe7fe">[email protected]</span></a>.
    RIN: 3041-AC31

396. Portable Generators

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 2051
    Abstract: On December 5, 2006, the Commission voted to issue an 
advance notice of proposed rulemaking (ANPRM) under the Consumer 
Product Safety Act (CPSA) concerning portable generators. The ANPRM 
discusses regulatory options that could reduce deaths and injuries 
related to portable generators, particularly those involving carbon 
monoxide (CO) poisoning. The ANPRM was published in the Federal 
Register on December 12, 2006. Staff reviewed public comments and 
conducted technical activities. In FY 2006, staff awarded a contract to 
develop a prototype generator engine with reduced CO in the exhaust. 
Also in FY 2006, staff entered into an interagency agreement (IAG) with 
the National Institute of Standards and Technology (NIST) to conduct 
tests with a generator, in both off-the-shelf and prototype 
configurations, operating in the garage attached to NIST's test house. 
NIST's test house, a double-wide manufactured home, is designed for 
conducting residential indoor air quality (IAQ) studies, and the 
scenarios tested are typical of those involving consumer fatalities. 
These tests provide empirical data on CO accumulation in the garage and 
infiltration into the house; staff used these data to evaluate the 
efficacy of the prototype in reducing the risk of fatal or severe CO 
poisoning. Under this IAG, NIST also modeled the CO infiltration from 
the garage under a variety of other conditions, including different 
ambient conditions and longer generator run times. In FY 2009, staff 
entered into a second IAG with NIST with the goal of developing CO 
emission performance requirements for a possible proposed regulation 
that would be based on health effects criteria. In 2011, staff prepared 
a package containing staff and contractor reports on the technology 
demonstration of the low CO-emission prototype portable generator. This 
included, among other staff reports, a summary of the prototype 
development and durability results, as well as end-of-life emission 
test results performed on the generator by an independent emissions 
laboratory. Staff's assessment of the ability of the prototype to 
reduce the CO poisoning hazard was also included. In September 2012, 
staff released this package and solicited comments from stakeholders.
    In October 2016, staff delivered a briefing package with a draft 
notice of proposed rulemaking (NPRM) to the Commission. In November 
2016, the Commission voted to approve the NPRM. The notice was 
published in the Federal Register on November 21, 2016, with a comment 
period deadline of February 6, 2017. In December 2016, the Commission 
voted to extend the comment period until April 24, 2017, in response to 
a request to extend the comment period an additional 75 days. The 
Commission held a public hearing on March 8, 2017, to provide an 
opportunity for stakeholders to present oral comments on the NPRM. 
Staff will review the comments on the NPRM and begin to prepare a Final 
Rule briefing package for Commission consideration in FY 2019. Staff 
continues to work on voluntary standards.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent ANPRM to Commission......   07/06/06  .......................
Staff Sent Supplemental Material to    10/12/06  .......................
 Commission.
Commission Decision.................   10/26/06  .......................
Staff Sent Draft ANPRM to Commission   11/21/06  .......................
ANPRM...............................   12/12/06  71 FR 74472
ANPRM Comment Period End............   02/12/07  .......................
Staff Releases Research Report for     10/10/12  .......................
 Comment.
Staff Sends NPRM Briefing Package to   10/05/16  .......................
 Commission.
NPRM................................   11/21/16  81 FR 83556
NPRM Comment Period Extended........   12/13/16  81 FR 89888
Public Hearing for Oral Comments....   03/08/17  82 FR 8907
NPRM Comment Period End.............   04/24/17  .......................
                                     -----------------------------------
Staff Sends Final Rule Briefing                To Be Determined
 Package to Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Janet L. Buyer, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2293, Email: <a href="/cdn-cgi/l/email-protection#8ce6eef9f5e9fecceffcffefa2ebe3fa"><span class="__cf_email__" data-cfemail="84eee6f1fde1f6c4e7f4f7e7aae3ebf2">[email protected]</span></a>.
    RIN: 3041-AC36

397. Recreational Off-Road Vehicles

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: The Commission is considering whether recreational off-
road vehicles (ROVs) present an unreasonable risk of injury that should 
be regulated. ROVs are motorized vehicles having four or more low-
pressure tires designed for off-road use and intended by the 
manufacturer primarily for recreational use by one or

[[Page 1977]]

more persons. The salient characteristics of an ROV include a steering 
wheel for steering control, foot controls for throttle and braking, 
bench or bucket seats, a roll-over protective structure, and a maximum 
speed greater than 30 mph. On October 21, 2009, the Commission voted to 
publish an advance notice of proposed rulemaking (ANPRM) in the Federal 
Register. The ANPRM was published in the Federal Register on October 
28, 2009, and the comment period ended December 28, 2009. The 
Commission received two letters requesting an extension of the comment 
period. The Commission extended the comment period until March 15, 
2010. Staff conducted testing and evaluation programs to develop 
performance requirements addressing vehicle stability, vehicle 
handling, and occupant protection. On October 29, 2014, the Commission 
voted to publish an NPRM proposing standards addressing vehicle 
stability, vehicle handling, and occupant protection. The NPRM was 
published in the Federal Register on November 19, 2014. On January 23, 
2015, the Commission published a notice of extension of the comment 
period for the NPRM, extending the comment period to April 8, 2015. The 
Omnibus Appropriations Bill provides that during fiscal year 2016, none 
of the amounts made available by the Appropriations Bill may be used to 
finalize or implement the Safety Standard for Recreational Off-Highway 
Vehicles published by the CPSC in the Federal Register on November 19, 
2014 (79 FR 68964) (ROV NPRM) until after the National Academy of 
Sciences completes a study to determine specific information as set 
forth in the Appropriations Bill. Staff ceased work on a Final Rule 
briefing package in FY 2015 and instead engaged the Recreational Off-
Highway Vehicle Association (ROHVA) and Outdoor Power Equipment 
Institute (OPEI) in the development of voluntary standards for ROVs. 
Staff conducted dynamic and static tests on ROVs, shared test results 
with ROHVA and OPEI, and participated in the development of revised 
voluntary standards to address staff's concerns with vehicle stability, 
vehicle handling, and occupant protection. The voluntary standards for 
ROVs were revised and published in 2016 (ANSI/ROHVA 1-2016 and ANSI/
OPEI B71.9-2016). Staff assessed the new voluntary standard 
requirements and prepared a termination of rulemaking briefing package 
that was submitted to the Commission on November 22, 2016. The 
Commission voted not to terminate the rulemaking associated with ROVs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends ANPRM Briefing Package     10/07/09  .......................
 to Commission.
Commission Decision.................   10/21/09  .......................
ANPRM...............................   10/28/09  74 FR 55495
ANPRM Comment Period Extended.......   12/22/09  74 FR 67987
Extended Comment Period End.........   03/15/10  .......................
Staff Sends NPRM Briefing Package to   09/24/14  .......................
 Commission.
Staff Sends Supplemental Information   10/17/14  .......................
 on ROVs to Commission.
Commission Decision.................   10/29/14  .......................
NPRM Published in Federal Register..   11/19/14  79 FR 68964
NPRM Comment Period Extended........   01/23/15  80 FR 3535
Extended Comment Period End.........   04/08/15  .......................
Staff Sends Briefing Package           11/22/16  .......................
 Assessing Voluntary Standards to
 Commission.
Commission Decision Not to Terminate   01/25/17  .......................
                                     -----------------------------------
Staff is Evaluating Voluntary                  To Be Determined
 Standards.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Caroleene Paul, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2225, Email: <a href="/cdn-cgi/l/email-protection#32514253475e72514241511c555d44"><span class="__cf_email__" data-cfemail="1c7f6c7d69705c7f6c6f7f327b736a">[email protected]</span></a>.
    RIN: 3041-AC78

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

398. Prohibition of Children's Toys and Child Care Articles Containing 
Specified Phthalates: Determinations Regarding Certain Plastics

    E.O. 13771 Designation: Independent agency.
    Legal Authority: Sec. 3, Pub. L. 110-314, 122 Stat. 3016; 15 U.S.C. 
2063(d)(3)(B)
    Abstract: Section 14(i)(3) of the Consumer Product Safety Act 
requires the Commission to seek opportunities to reduce the cost of 
third party testing requirements consistent with assuring compliance 
with any applicable children's product safety rule. Staff prepared for 
Commission consideration a briefing package with a draft notice of 
proposed rulemaking (NPRM) regarding third-party testing of phthalates 
in four specified plastics. The Commission approved the NPRM on August 
9, 2016. The Commission approved the rule on August 24, 2017, and the 
rule published in the Federal Register on August 30, 2017. The 
effective date will be September 29, 2017.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent NPRM to the Commission...   08/03/16  .......................
Commission Decision.................   08/09/16  .......................
NPRM Published in the Federal          08/17/16  81 FR 54754
 Register.
NPRM Comment Period End.............   10/31/16  .......................
Staff Sent Final Rule Briefing         08/16/17  .......................
 Package to Commission.
Commission Approved Final Rule......   08/24/17  .......................
Final Rule..........................   08/30/17  82 FR 41163
Final Rule Effective................   09/29/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Randy Butturini, Project Manager, Office of Hazard 
Identification and Reduction, Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, MD 20814, Phone: 301 504-7562, Email: 
<a href="/cdn-cgi/l/email-protection#f2809087868687809b9c9bb291828191dc959d84"><span class="__cf_email__" data-cfemail="80f2e2f5f4f4f5f2e9eee9c0e3f0f3e3aee7eff6">[email protected]</span></a>.
    RIN: 3041-AD59

[FR Doc. 2017-28243 Filed 1-11-18; 8:45 am]
 BILLING CODE 6355-01-P


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