Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1189 

restrictions on the persons affected by 

these regulations. Furthermore, any 

additional delay in making the 

regulations correct would be contrary to 

the public interest. Accordingly, the 

FAA finds that (i) public comment on 

these standards prior to promulgation is 

unnecessary, and (ii) good cause exists 

to make this rule effective in less than 

30 days. 

Background 

On February 21, 2014, the FAA 

published a final rule entitled, 

‘‘Helicopter Air Ambulance, 

Commercial Helicopter, and Part 91 

Helicopter Operations’’ (79 FR 9932). In 

that final rule the FAA created 

provisions directed primarily toward 

helicopter air ambulance operations and 

all commercial helicopter operations 

conducted under part 135. 

The rule added § 135.168(c) which 

states, ‘‘[t]he equipment required by this 

section must be maintained in 

accordance with § 135.419.’’ Section 

135.419 outlines inspection, not 

maintenance, requirements making the 

cross reference to § 135.419 incorrect. 

Technical Amendment 

This technical amendment addresses 

this incorrect reference to inspection 

requirements. Maintenance and 

inspection requirements for part 135 

operators are currently described in part 

135 Subpart J. Accordingly, the FAA is 

removing the current text of § 135.168 

(c) to avoid potential confusion from 

redundant regulatory text. 

This technical amendment also 

removes the reference to § 135.168(c) 

from § 135.168(b). Finally, the FAA 

removes the effective date for 

§ 135.168(b) because that date has 

passed, and the paragraph currently is 

effective. 

Executive Order Determinations 

Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs 

This technical amendment is not an 

E.O. 13771 regulatory action because 

this technical amendment is not 

significant under E.O. 12866. 

List of Subjects in 14 CFR Part 135 

Air taxis, Aircraft, Aviation safety. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON-DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 1. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 41706, 

40113, 44701–44702, 44705, 44709, 44711– 

44713, 44715–44717, 44722, 44730, 45101– 

45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. 

44730). 

■ 2. Amend § 135.168 by revising 

paragraph (b) introductory text and 

removing and reserving paragraph (c). 

The revision reads as follows: 

§ 135.168. Emergency equipment. 

Overwater rotorcraft operations. 

* * * * * 

(b) Required equipment. Except when 

authorized by the certificate holder’s 

operations specifications, or when 

necessary only for takeoff or landing, no 

person may operate a rotorcraft beyond 

autorotational distance from the 

shoreline unless it carries: 

* * * * * 

Issued under authority of 49 U.S.C. 106(f), 

106(g), 44701(a), and 44730 in Washington, 

DC. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2018–00285 Filed 1–9–18; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL SERVICE 

39 CFR Part 113 

Hazardous, Restricted, and Perishable 

Mail (Publication 52); Incorporation by 

Reference 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service announces 

the issuance of Hazardous, Restricted, 

and Perishable Mail (Publication 52) 

dated August 2017, and its 

incorporation by reference in the Code 

of Federal Regulations. 

DATES: This final rule is effective on 

January 10, 2018. The incorporation by 

reference of certain publications listed 

in the rule is approved by the Director 

of the Federal Register as of January 10, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Lizbeth Dobbins (202) 268–3789. 

SUPPLEMENTARY INFORMATION: The most 

recent issue of Hazardous, Restricted, 

and Perishable Mail (Publication 52) is 

dated August 2017. This issue of 

Publication 52 contains Postal Service 

mailing standards relating to the 

shipment of hazardous, restricted, and 

perishable materials. Publication 52 

provides a complete and comprehensive 

source for users to find information 

necessary to properly prepare mailings 

of hazardous, restricted, and perishable 

materials, and limits the need for users 

to consult other information sources 

when preparing such mailings. 

Publication 52 is available, in a readonly format, to the mailing industry and 

general public via the Postal Explorer®

website at http://pe.usps.com. The 

Postal Explorer application can be 

accessed directly at any time. In 

addition, links to Postal Explorer are 

provided on: 

• The landing page of USPS.com, the 

Postal Service’s primary customerfacing website; and 

• The USPS application Postal Pro, 

an online informational source available 

to both mailing industry members and 

Postal customers, intended to eventually 

replace RIBBS. 

New editions of Publication 52 will be 

published at regular intervals, generally 

no less frequently than once each 

calendar year. Changes to mailing 

standards applicable to hazardous, 

restricted, and perishable materials will 

be made as necessary, and incorporated 

into each successive edition of 

Publication 52. The incorporation by 

reference of each edition of Publication 

52 will be announced through 

publication in the Federal Register. 

Details of the revisions to Publication 52 

will be published in the Postal Bulletin, 

available at https://about.usps.com/ 

postal-bulletin/welcome.htm. 

Prior to July, 2014, the Postal Service 

maintained standards for the mailing of 

hazardous, restricted, and perishable 

mail in both the Mailing Standards of 

the United States Postal Service, 

Domestic Mail Manual (DMM) and 

Publication 52. On July 28, 2014, as part 

of a continuing initiative to reduce the 

size of the DMM, the Postal Service 

removed from that publication the 

detailed mailing standards relating to 

hazardous, restricted, and perishable 

materials. In place of these detailed 

provisions, revised DMM 601.8.0 

advised that mailing standards specific 

to hazardous, restricted, and perishable 

mail would be incorporated into 

Publication 52, and could be found on 

the Postal Explorer website at 

pe.usps.com. 

Based on its experience applying the 

mailing standards for hazardous, 

restricted and perishable mail since July 

28, 2014, the Postal Service believes that 

these mailing standards were more 

visible to the mailing community when 

they were included in the DMM, which 


jstallworth on DSKBBY8HB2PROD with RULES
1190 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 

1The 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.’’ 

is incorporated by reference in the Code 

of Federal Regulations, and thus more 

effective in supporting USPS efforts 

related to compliance and enforcement. 

The Postal Service expects that 

incorporation by reference of 

Publication 52 in the Code of Federal 

Regulations, will increase the visibility 

of the mailing standards contained in 

Publication 52 and thereby maximize 

their effectiveness and usefulness. 

Since their removal from the DMM, 

the mailing standards provided in 

Publication 52 have undergone few 

changes of significance; indeed, several 

of those changes have expanded the 

options available to HAZMAT mailers. 

With regard to changes having a wider 

impact on mailers, such as those 

required to conform Publication 52 to 

the revised standards for the shipment 

of lithium batteries established by the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA) and the 

International Civil Aviation 

Organization (ICAO), the Postal Service 

has been careful to provide advance 

notice to interested parties, with an 

opportunity to comment, and to shape 

the final standards in response to the 

comments received. See, e.g. 82 FR 

11372 (February 22, 2017), and 82 FR 

34712 (July 26, 2017). Relating to 

violations of mailing standards for 

hazardous materials, the Postal Service 

currently has civil enforcement 

authority granted by the Postal 

Accountability and Enhancement Act of 

2006, and authority to assess criminal 

penalties under 18 U.S.C. 1716. As a 

result, the Postal Service believes that 

the incorporation by reference of 

Publication 52 should have little or no 

impact on mailers of hazardous, 

restricted, or perishable materials, and 

the Postal Service would expect few 

comments in response to a proposed 

rule. Accordingly, the Postal Service has 

chosen to publish only a final rule in 

support of this action. 

The Postal Service further believes 

that incorporation by reference of 

Publication 52 is justified in view of the 

unique qualities of the publication, 

including its length, the detailed 

description of conditions relating to the 

mailing of hazardous, restricted, or 

perishable materials, and the presence 

of numerous color figures and images in 

the document. In addition, the potential 

for serious injury to Postal Service 

employees and the general public, as 

well as the potential for damage to 

USPS equipment and other assets 

resulting from improperly prepared, 

packaged, or marked hazardous 

materials, provide support for the 

incorporation by reference of a separate 

publication dealing specifically with 

such matters. 

List of Subjects in 39 CFR Part 113 

Hazardous, restricted, and perishable 

mail, Incorporation by reference. 

■ In consideration of the matters 

discussed above, the Postal Service adds 

new 39 CFR part 113 as follows: 

PART 113—HAZARDOUS, 

RESTRICTED, AND PERISHABLE MAIL 

Sec. 

113.1 Scope and purpose. 

113.2 Incorporation by reference. 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

§ 113.1 Scope and purpose. 

This part applies to the mailing and 

shipment of hazardous, restricted, and 

perishable materials. In order to mail 

hazardous, restricted, and perishable 

materials, mailers must properly 

prepare their mailings in accordance 

with the standards contained in USPS 

Publication 52 (incorporated by 

reference, see § 113.2). 

§ 113.2 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved material is 

available for inspection by appointment 

only, during normal hours of operation, 

at the U.S. Postal Service Library, 475 

L’Enfant Plaza West SW, Washington, 

DC 20260–1641 (call 202–268–2906), 

and is available from the sources listed 

below. It is also available for inspection 

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. 

(b) United States Postal Service, 

Product Classification Office, USPS 

Headquarters, 475 L’Enfant Plaza SW, 

Room 4446, Washington, DC 20260– 

5013: http://pe.usps.com/text/pub52/ 

welcome.htm. 

(1) Publication 52, Hazardous, 

Restricted and Perishable Mail, dated 

August 2017, IBR approved for § 113.1. 

(2) [Reserved] 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2018–00266 Filed 1–9–18; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 19 

[FRL–9972–92–OECA] 

Civil Monetary Penalty Inflation 

Adjustment Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

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 

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, 2018. 

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; smithwatts.david@epa.gov. 

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 


jstallworth on DSKBBY8HB2PROD with RULES