Vol. 83 Monday, No. 236 December 10, 2018

Pages 63383–63558

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 236

Monday, December 10, 2018

Agriculture Department Drug Enforcement Administration See Animal and Plant Health Inspection Service NOTICES See Federal Crop Insurance Corporation Final Adjusted Aggregate Production Quotas for Schedule I See Forest Service and II Controlled Substances and Assessment of See National Agricultural Statistics Service Annual Needs: NOTICES List I Chemicals Ephedrine, Pseudoephedrine, and Agency Information Collection Activities; Proposals, Phenylpropanolamine for 2018, 63533–63538 Submissions, and Approvals, 63466 Employment and Training Administration Animal and Plant Health Inspection Service PROPOSED RULES NOTICES Modernizing Recruitment Requirements for the Temporary Agency Information Collection Activities; Proposals, Employment of H–2A Foreign Workers in the United Submissions, and Approvals: States; Extension of Comment Period, 63456–63457 Importation of Fresh Peppers From Ecuador Into the Modernizing Recruitment Requirements for the Temporary United States, 63467 Employment of H–2B Foreign Workers in the United States; Extension of Comment Period, 63430–63431 Bureau of Consumer Financial Protection PROPOSED RULES Availability of Funds and Collection of Checks, 63431– Energy Department 63444 See Federal Energy Regulatory Commission

Census Bureau Environmental Protection Agency NOTICES PROPOSED RULES Requests for Information: Authorization of State Hazardous Waste Management Innovations for Public Opinion Research, 63469–63471 Program: Alabama, 63461–63465 Centers for Disease Control and Prevention Significant New Use Rules on Certain Chemical Substances: NOTICES Reopening of Comment Period, 63460–63461 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 63509–63516 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coast Guard Hazardous Waste Specific Unit Requirements, and RULES Special Waste Processes and Types, 63501–63502 Safety Zones: Part B Permit Application, Permit Modifications, and Winter on the Waterfront Fireworks Display, Berkeley, Special Permits, 63498–63499 CA, 63416–63418 Meetings: Board of Scientific Counselors Air and Energy Commerce Department Subcommittee, 63499–63500 See Census Bureau Board of Scientific Counselors Chemical Safety for See International Trade Administration Sustainability Subcommittee, 63500–63501 See National Oceanic and Atmospheric Administration National Environmental Education Advisory Council, 63502 Committee for Purchase From People Who Are Blind or Requests for Nominations: Severely Disabled Science Advisory Board 2019–2021 Scientific and NOTICES Technological Achievement Awards Committee, Procurement List; Additions and Deletions, 63485 63502–63503 Commodity Futures Trading Commission Federal Aviation Administration PROPOSED RULES Privacy of Consumer Financial Information: RULES Amendment To Conform Regulations to the Fixing Airworthiness Directives: America’s Surface Transportation Act, 63450–63456 Airbus SAS Airplanes, 63389–63392, 63400–63402 C Series Aircraft Limited Partnership (CSALP) (Type Copyright Royalty Board Certificate Previously Held by Bombardier, Inc.) RULES Airplanes, 63397–63399 Cost of Living Adjustment to Royalty Rates for Webcaster Fokker Services B.V. Airplanes, 63392–63394 Statutory License; Correction, 63418–63419 Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes, 63394–63396 Defense Department Amendment of Class D Airspace: See Navy Department Detroit, MI, 63402–63403 NOTICES Pontiac, MI, 63403–63405 Meetings: Amendment of Class D and Class E Airspace: Reserve Forces Policy Board, 63486–63487 Louisville, KY, 63405–63406

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Amendment of Class D and E Airspace and Revocation of NOTICES Class E Airspace: Change in Bank Control Notices: Fayetteville, AR, 63406–63407 Acquisitions of Shares of a Bank or Bank Holding Amendment of Class E Airspace: Company, 63508–63509 Cabool, MO, 63409–63410 Formations of, Acquisitions by, and Mergers of Savings and Madison, MN, 63407–63409 Loan Holding Companies, 63509 Prohibition Against Certain Flights in the Damascus Flight Information Region; Extension, 63410–63415 Food and Drug Administration PROPOSED RULES NOTICES Airworthiness Directives: Meetings: Airbus SAS Airplanes, 63444–63447 Obstetrics and Gynecology Devices Panel of the Medical Amendment of Class E Airspace: Devices Advisory Committee, 63516–63518 Auburn, AL, 63447–63449 Corry, PA, 63449–63450 Forest Service Federal Communications Commission NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Nez Perce-Clearwater National Forests, ID; Moose Creek Submissions, and Approvals, 63503–63507 Project, 63467–63468

Federal Crop Insurance Corporation Health and Human Services Department RULES See Centers for Disease Control and Prevention Common Crop Insurance Regulations: See Food and Drug Administration Forage Seeding Crop Insurance Provisions, 63383–63389 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Deposit Insurance Corporation Administration RULES NOTICES Agency Information Collection Activities; Proposals, Patient Protection and Affordable Care Act: Submissions, and Approvals, 63507–63508 Adoption of the Methodology for the HHS-Operated Charter Renewals: Permanent Risk Adjustment Program for the 2018 Benefit Year Final Rule, 63419–63428 Advisory Committee on Economic Inclusion, 63507

Federal Energy Regulatory Commission Homeland Security Department NOTICES See Coast Guard Agency Information Collection Activities; Proposals, See U.S. Citizenship and Immigration Services Submissions, and Approvals, 63494–63496 See U.S. Customs and Border Protection Combined Filings, 63488–63494, 63497–63498 Complaints: Housing and Urban Development Department BP Products North American, Chevron Products Co., PROPOSED RULES Epsilon Trading, LLC, et al. v. Colonial Pipeline Co., Conforming the Acceptable Separation Distance Standards 63490 for Residential Propane Tanks to Industry Standards, Environmental Assessments; Availability, etc.: 63457–63460 Portland Natural Gas Transmission System; Portland Xpress Project, 63487–63488 Texas Eastern Transmission, LP; Line 1–N Abandonment Interior Department Project, 63492 See Land Management Bureau Initial Market-Based Rate Filings Including Requests for See National Park Service Blanket Section 204 Authorizations: LUZ Solar Partners IX, Ltd., 63497 Internal Revenue Service LUZ Solar Partners VIII, Ltd., 63492–63493 NOTICES Wheelabrator Concord Co., LP, 63496–63497 Agency Information Collection Activities; Proposals, Staff Attendances, 63496 Submissions, and Approvals, 63558

Federal Maritime Commission International Trade Administration NOTICES NOTICES Agreements Filed, 63508 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Federal Register Office Certain Steel Nails From the People’s Republic of China, NOTICES 63474–63478 Publication Procedures for Federal Register Documents Fresh Garlic From the People’s Republic of China, During a Funding Hiatus, 63540 63479–63482 High Pressure Steel Cylinders From the People’s Republic Federal Reserve System of China, 63471–63472 PROPOSED RULES Stainless Steel Bar From Spain, 63478–63479 Availability of Funds and Collection of Checks, 63431– Steel Concrete Reinforcing Bar From the Republic of 63444 Turkey, 63472–63474

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International Trade Commission National Foundation on the Arts and the Humanities NOTICES See National Endowment for the Arts Investigations; Determinations, Modifications, and Rulings, etc.: National Institutes of Health Polyester Textured Yarn From China and India, 63532– NOTICES 63533 Meetings: Center for Scientific Review, 63519 Justice Department National Eye Institute, 63521 See Drug Enforcement Administration National Institute of Biomedical Imaging and See Justice Programs Office Bioengineering, 63520–63521 Justice Programs Office National Institute of Diabetes and Digestive and Kidney Diseases, 63518–63520 NOTICES National Institute of General Medical Sciences, 63520 Agency Information Collection Activities; Proposals, National Institute on Aging, 63519 Submissions, and Approvals: National Institute on Minority Health and Health Census of Juveniles in Residential Placement, 63538– Disparities, 63519–63520 63539 Labor Department National Oceanic and Atmospheric Administration See Employment and Training Administration RULES NOTICES Pacific Island Pelagic Fisheries: Agency Information Collection Activities; Proposals, 2018 U.S. Territorial Longline Bigeye Tuna Catch Limits Submissions, and Approvals: for American Samoa, 63428–63429 Survey of Occupational Injuries and Illnesses, 63539– NOTICES 63540 2019 Annual Determination To Implement the Sea Turtle Observer Requirement, 63483–63485 Land Management Bureau Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Limits of Application of the Take Prohibitions, 63483 Idaho Proposed Resource Management Plan Amendment, Permits: 63529–63531 Marine Mammals; File No. 22294, 63482–63483 Nevada and Northeastern California Greater Sage-Grouse Research and Development Plan, 63482 Proposed Resource Management Plan Amendment, 63528–63529 National Park Service Northwest Colorado Proposed Resource Management Plan NOTICES Amendment, 63523–63524 National Register of Historic Places: Oregon Proposed Resource Management Plan Pending Nominations and Related Actions, 63531–63532 Amendment, 63524–63525 Utah Greater Sage-Grouse Proposed Resource Navy Department Management Plan Amendment, 63527–63528 NOTICES Wyoming Proposed Resource Management Plan Exclusive Licenses; Approvals, 63487 Amendment, 63525–63527 Government-Owned Inventions; Available for Licensing, Library of Congress 63487 See Copyright Royalty Board Nuclear Regulatory Commission Maritime Administration NOTICES NOTICES Charter Renewals: Waiver Request for Aquaculture Support Operations for the Advisory Committee on Reactor Safeguards, 63544–63545 2019 Calendar Year: License Applications; Renewals: COLBY PERCE, RONJA CARRIER, SADIE JANE, MISS Virginia Electric and Power Co.; Dominion Energy MILDRED 1, 63557–63558 Virginia; Surry Power Station, Unit Nos. 1 and 2, 63541–63543 National Agricultural Statistics Service License Transfer Applications: NOTICES Oyster Creek Nuclear Generating Station, 63544 Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 63543–63544 Submissions, and Approvals, 63468–63469 Postal Regulatory Commission National Archives and Records Administration NOTICES See Federal Register Office New Postal Products, 63545 National Credit Union Administration NOTICES Securities and Exchange Commission Meetings; Sunshine Act, 63540 NOTICES Applications: National Endowment for the Arts Stone Ridge Trust II, et al., 63546–63549 NOTICES Meetings; Sunshine Act, 63545–63546, 63549 Meetings: Self-Regulatory Organizations; Proposed Rule Changes: Arts Advisory Panel, 63540–63541 Investors Exchange, LLC, 63549–63552

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Small Business Administration U.S. Citizenship and Immigration Services NOTICES PROPOSED RULES Major Disaster Declarations: Modernizing Recruitment Requirements for the Temporary California, 63553 Employment of H–2B Foreign Workers in the United States; Extension of Comment Period, 63430–63431 Social Security Administration RULES Violence Evaluation and Reporting System, 63415–63416 U.S. Customs and Border Protection NOTICES State Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Requests for Information: 2019 Trafficking in Persons Report, 63553–63557 Application for Withdrawal of Bonded Stores for Fishing Vessels and Certificate of Use, 63522–63523 Substance Abuse and Mental Health Services Administration

NOTICES Reader Aids Agency Information Collection Activities; Proposals, Consult the Reader Aids section at the end of this issue for Submissions, and Approvals, 63521–63522 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Transportation Department See Federal Aviation Administration To subscribe to the Federal Register Table of Contents See Maritime Administration electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Treasury Department address, then follow the instructions to join, leave, or See Internal Revenue Service manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

7 CFR 457...... 63383 12 CFR Proposed Rules: 229...... 63431 1030...... 63431 14 CFR 39 (5 documents) ...... 63389, 63392, 63394, 63397, 63400 71 (6 documents) ...... 63402, 63403, 63405, 63406, 63407, 63409 91...... 63410 Proposed Rules: 39...... 63444 71 (2 documents) ...... 63447, 63449 17 CFR Proposed Rules: 160...... 63450 20 CFR 401...... 63415 Proposed Rules: 655 (2 documents) ...... 63430, 63456 24 CFR Proposed Rules: 51...... 63457 33 CFR 165...... 63416 37 CFR 380...... 63418 40 CFR Proposed Rules: 9...... 63460 271...... 63461 721...... 63460 45 CFR 153...... 63419 50 CFR 665...... 63428

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Rules and Regulations Federal Register Vol. 83, No. 236

Monday, December 10, 2018

This section of the FEDERAL REGISTER Department of Agriculture, P.O. Box update existing policy provisions and contains regulatory documents having general 419205, Kansas City, MO 64133–6205. definitions to better reflect current applicability and legal effect, most of which All comments received, including agricultural practices and allow for are keyed to and codified in the Code of those received by mail, will be posted variations in insurance provisions based Federal Regulations, which is published under without change to http:// on regional agronomic conditions and 50 titles pursuant to 44 U.S.C. 1510. www.regulations.gov, including any potential future expansions. The Code of Federal Regulations is sold by personal information provided. Once The changes are as follows: the Superintendent of Documents. these comments are posted to this 1. FCIC is removing the paragraph website, the public can access all immediately preceding section 1, which comments at its convenience from this refers to the order of priority if a conflict DEPARTMENT OF AGRICULTURE website. All comments must include the exists among the policy provisions. This agency name and docket number or same provision is contained in the Federal Crop Insurance Corporation Regulatory Information Number (RIN) Common Crop Insurance Policy, Basic for this rule. For detailed instructions Provisions (‘‘Basic Provisions’’). 7 CFR Part 457 on submitting comments and additional Therefore, the appearance here is information, see http:// [Docket No. FCIC–18–0002] duplicative and should be removed www.regulations.gov. If interested from the Crop Provisions. RIN 0563–AC57 persons are submitting comments 2. Section 1—FCIC is adding the electronically through the Federal definition of ‘‘adequate stand.’’ The new Common Crop Insurance Regulations; eRulemaking Portal and want to attach definition will allow RMA to revise loss Forage Seeding Crop Insurance a document, FCIC requests use of a text- adjustment procedures to rely upon the Provisions based format. If interested persons wish number of live alfalfa stems rather than to attach a document that is a scanned the number of live plants (normal stand) AGENCY: Federal Crop Insurance Adobe PDF file, it must be scanned as for making loss determinations for Corporation, USDA. text and not as an image, thus allowing forage containing more than 60 percent ACTION: Final rule with request for FCIC to search and copy certain alfalfa. Plants can have more than one comments. portions of the submissions. For stem. Extension research across major questions regarding attaching a forage growing areas has demonstrated SUMMARY: The Federal Crop Insurance document that is a scanned Adobe PDF that the number of live alfalfa stems is Corporation (FCIC) amends the file, please contact the Risk more closely correlated with future Common Crop Insurance Regulations, Management Agency (RMA) Web yield than the number of live plants Forage Seeding Crop Insurance Content Team at (816) 823–4694 or by when alfalfa is the dominant component Provisions (Crop Provisions). The email at [email protected]. of the forage mixture. Loss intended effect of this action is to Privacy Act: Anyone is able to search determinations for forage types that update existing policy provisions and the electronic form of all comments contain less than 60 percent alfalfa or no definitions to better reflect current received for any dockets by the name of alfalfa at all, such as red clover, will agricultural practices and allow for the person submitting the comment (or have no change to existing loss variations in insurance provisions based signing the comment, if submitted on adjustment procedures and, as stated on regionally-specific agronomic behalf of an association, business, labor below, will be based upon the normal conditions and potential future union, etc.). Interested persons may planting density because there is no expansions. The changes are to be review the complete User Notice and demonstrable correlation between future effective for the 2020 and succeeding Privacy Notice for Regulations.gov at yield and the number of live alfalfa crop years. http://www.regulations.gov/ stems when the forage type does not DATES: This final rule is effective April #!privacyNotice. contain at least 60 percent alfalfa. 30, 2019. However, FCIC will accept FOR FURTHER INFORMATION CONTACT: FCIC is adding the definition of written comments on this final rule Francie Tolle, Director, Product ‘‘amount of insurance.’’ The term until close of business January 9, 2019. Administration and Standards Division, ‘‘amount of insurance’’ refers to the FCIC will consider these comments and Risk Management Agency, United States dollar amount of insurance per acre make changes to the rule if warranted. Department of Agriculture, Beacon obtained by multiplying the reference ADDRESSES: FCIC prefers that interested Facility, Stop 0812, Room 421, P.O. Box maximum dollar amount shown in the persons submit comments electronically 419205, Kansas City, MO 64141–6205, actuarial documents by the coverage through the Federal eRulemaking Portal. telephone (816) 926–7730. level percentage elected by the insured. Interested persons may submit SUPPLEMENTARY INFORMATION: FCIC adds this definition to provide comments, identified by Docket ID No. clarity because the term is used multiple FCIC–18–0002, by any of the following Background times in the Crop Provisions but is not methods: FCIC amends the Common Crop defined. • Federal eRulemaking Portal: http:// Insurance Regulations (7 CFR part 457) FCIC is removing the definition of www.regulations.gov. Follow the by revising 7 CFR 457.151 Forage ‘‘nurse crop (companion crop)’’ and instructions for submitting comments. Seeding Crop Insurance Provisions adding the definition of ‘‘companion • Mail: Director, Product (‘‘Crop Provisions’’), to be effective for crop’’. FCIC also replaces the definition Administration and Standards Division, the 2020 and succeeding crop years. The ‘‘nurse crop (companion crop)’’ with the Risk Management Agency, United States intended effect of this action is to term ‘‘companion crop’’ throughout the

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Crop Provisions. FCIC replaces this removed from the field, it is not growing season with planting dates that definition to reduce ambiguity and considered harvested. begin before June 30 but extend beyond increase clarity by using one term FCIC is removing the definition of June 30, which is inconsistent with instead of referring to ‘‘nurse crop’’ and ‘‘normal stand’’ and replacing it with existing definitions for ‘‘spring planted’’ ‘‘companion crop’’ interchangeably. the definition of ‘‘normal planting and ‘‘fall planted’’. This change also FCIC is revising the definition of ‘‘fall density.’’ The new definition of ‘‘normal allows FCIC to be responsive to new or planted’’ by adding the phrase ‘‘except planting density’’ simplifies the evolving regional conditions as needed when specified in the Special previous definition of ‘‘normal stand’’ in the future. FCIC proposes this change Provisions,’’ following the phrase ‘‘A by replacing the phrase ‘‘a population of to reduce ambiguity and increase clarity forage crop seeded after June 30’’ to live plants per square foot that meets the because the definition of ‘‘crop year’’ allow FCIC to provide area-specific minimum required number of plants’’ references the calendar year of the dates that have distinctions outside of with the more concise phrase ‘‘the planted acreage. this range. For example, Maine is minimum number of live plants per 3. Section 5—FCIC is replacing the currently recognized as having a single square foot.’’ The normal planting cancellation and termination date table growing season with planting dates that density will be used to determine if the with a new date table. The new dates begin before June 30 but extend beyond stand qualifies for replanting payments. allow for expansion of the fall-planted June 30, which is inconsistent with The normal planting density will result practice and align forage seeding existing definitions for ‘‘spring planted’’ in more accurate replanting payments cancellation and termination dates with and ‘‘fall planted.’’ This change also than basing replant determinations on the dates for other fall-planted crops in allows FCIC to be responsive to new or an adequate stand because not all stems each state. Maine’s cancellation and evolving regional conditions as needed may have emerged when replanting termination dates will remain in the future. determinations are made. unchanged at March 15th to allow time FCIC is revising the definition of FCIC is revising the definition of after premium billing for a termination ‘‘good farming practices.’’ The revised ‘‘planted acreage’’ by removing the decision to be made. In all other states, definition adds the phrase ‘‘in lieu of reference to ‘‘provisions in section 1’’ the cancellation date will be July 31st the definition in the Basic Provisions’’ and replacing it with the more specific and termination date will be September to clarify that the ‘‘good farming phrase ‘‘definition in’’. This is not a 30th to allow time after premium billing practices’’ definition in the Crop substantive change but it makes it for a termination decision to be made. Provisions will replace the definition consistent with other definitions that 4. Section 6—FCIC is replacing the contained in the Basic Provisions. The refer to the definitions in the Basic term ‘‘acreage report date’’ with the term definition in the Basic Provisions is not Provisions. ‘‘acreage reporting date.’’ FCIC is appropriate for forage seeding because it FCIC is revising the definition of making this change because the term includes references to the insured’s ‘‘replanting’’ by removing the ‘‘acreage reporting date’’ is defined in approved yield, but these Crop duplicative language that is already the Basic Provisions and also appears in Provisions provide coverage for a failed contained in the Basic Provisions. FCIC the Special Provisions. forage seeding, not for yield losses is revising the remaining sentence of the 5. Section 7—FCIC is replacing ‘‘a below an insured’s approved yield. The current definition by adding the phrase normal stand’’ with ‘‘an adequate stand’’ revised definition also replaces the ‘‘in addition to the definition in the and ‘‘nurse crops’’ with ‘‘companion phrase ‘‘normal stand’’ with ‘‘adequate Basic Provisions’’ to clarify that the crops’’ to incorporate the references to stand,’’ because the adequate stand will ‘‘replanting’’ definition in the Crop the new terms stated above. be used to determine if the forage Provisions will add to the definition 6. Section 8—FCIC is revising section seeding was successful. The revised contained in the Basic Provisions, 8(a) to simplify this section by removing definition also replaces the phrase ‘‘and replacing the phrase ‘‘replacing’’ with references to states and counties and are those recognized by the Cooperative the word ‘‘placing’’ as it is a more applying the same replanting State Research, Education, and accurate term for seeding an existing requirements to all insurable areas. FCIC Extension Service as compatible with stand, and replacing the phrase ‘‘which is removing section 8(b) which requires agronomic and weather conditions in results in’’ with the word ‘‘using’’ to some California counties to replant if the county’’ with ‘‘which are those convey that using a reduced seeding rate damage occurred anytime within the generally recognized by agricultural to replace seed into an existing damaged crop year, compared to all other areas, experts or organic agricultural experts, stand will not be considered replanting. where replanting is only required for as compatible with agronomic and FCIC is revising the definition of damage that occurred before the final weather conditions for the area’’ to be ‘‘sales closing date.’’ The revised planting date. This change was done more consistent with the definition of definition replaces the term ‘‘fall concurrently with revisions to section ‘‘good farming practices’’ contained in seeded’’ with ‘‘fall planted.’’ The terms 11, which outlines when replanting the Basic Provisions because, even ‘‘fall seeded’’ and ‘‘fall planted’’ had payments are allowed based on region though the definition in the Basic been used interchangeably. This change and spring or fall planting. FCIC is also Provisions is no longer applicable, some will add clarity and reduce confusion replacing the phrase ‘‘a normal stand’’ of the same principles apply. These because ‘‘fall planted’’ is defined within with ‘‘the normal planting density,’’ changes are intended to ensure that the the policy, but ‘‘fall seeded’’ is not. consistent with the changes above definition is consistent with the FCIC proposes to revise the definition regarding the definition change. practices applicable to forage seeding of ‘‘spring planted.’’ The revised 7. Section 9—FCIC is revising section crops. definition adds the phrase ‘‘except 9(c) to make it be grammatically correct. FCIC is revising the definition of when specified in the Special FCIC also is removing all state and ‘‘harvest’’ to remove the word ‘‘only’’ Provisions,’’ following the phrase ‘‘A county specific end of insurance dates before ‘‘grazed’’ to clarify that the forage crop seeded before July 1,’’ to and instead referring to the end of acreage does not have to be exclusively allow FCIC to provide area specific insurance period date shown in the grazed to not be considered harvested. dates that have distinctions outside of actuarial documents. This change will If the acreage is grazed at any time this range. For example, Maine is simplify the provision and allow FCIC regardless of whether the crop is currently recognized as having a single to provide area specific dates, allow for

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future program expansion, and allow density’’ consistent with the changes as the plan requires replanting to FCIC to continue to be responsive to made above. maintain the insurance, this will new or evolving regional conditions as FCIC is revising the newly designated provide some compensation to cover needed in the future. section 11(a)(4) to remove the list of replanting costs. 8. Section 10—FCIC is replacing the specific California counties. This list is In section 11(b), FCIC is adding ‘‘(a)’’ phrase ‘‘a stand of forage that occur’’ not needed because the Special directly after ‘‘section 13’’ to more with the phrase ‘‘an adequate stand that Provisions will include any county specifically reference section 13(a). This occurs.’’ This change reduces ambiguity differences in replanting payment addition clarifies which specific part of and clarifies the provisions because provisions. section 13 this provision is referencing. ‘‘adequate stand’’ is a defined term but FCIC is removing section 11(a)(4)(i), 10. Section 12—In section 12(b), FCIC ‘‘stand of forage’’ is not, which could renumbering subsequent paragraphs, removes the phrase, ‘‘(Duties in the lead to different results when and adding the phrase ‘‘spring or ’’ Event of Damage or Loss)’’ as the determining losses. before ‘‘fall planted’’ in the newly parenthetical section name is 9. Section 11—In section 11(a), FCIC designated section 11(a)(4)(i) to extend unnecessary and removing these titles is moving the phrase ‘‘unless specified replanting payment eligibility to include will prevent FCIC from having to revise otherwise in the Special Provisions,’’ both fall and spring planted practices, as the Crop Provisions should these from subparagraph (a)(1) (addressing opposed to the current provisions that section titles change in the Basic California only) to the main paragraph allowed replanting only for a failed fall Provisions. (addressing all areas) to allow FCIC seeding in counties that designated both In section 12(b), FCIC is also adding greater flexibility in determining fall and spring final planting dates. FCIC the adjective ‘‘damaged’’ before ‘‘fall regional specific distinctions for is adding this language in order to allow planted acreage’’ and removing the replanting payments and to protect replanting payments for producers phrase ‘‘that is damaged’’ after the program integrity and insured interests engaged in the spring planted practice. phrase ‘‘fall planted acreage’’ to simplify by allowing FCIC, with assistance from A producer that plants a forage crop in the language and clarify the provisions. forage subject matter experts and the spring suffers the same financial 11. Section 13—FCIC is removing the regional offices, to address regional consequences as a producer of a fall sub-section designation of ‘‘(a)’’ as it is specific production practices. planted crop, if that crop fails to emerge not needed in the introductory FCIC is moving the phrase ‘‘It is or suffers damage and needs to be paragraph. FCIC is also adding practical to replant;’’ from subparagraph replanted. Therefore, FCIC is expanding paragraph designation ‘‘(a)’’ and the (a)(2)(iii) (addressing Lassen, Modoc, coverage to allow replanting payments statement ‘‘Each type and practice:’’ Mono, Shasta, Siskiyou Counties, for spring planted forage as well as fall directly following the introductory California and all other states) to the planted forage. Additionally, as the plan paragraph in order to clarify and subparagraph 11(a)(1) (addressing all requires replanting to maintain the simplify the section, because the steps areas). FCIC is moving this phrase to insurance, this will provide some for settling a claim should be followed consistently apply the requirement that compensation to cover replanting costs. first for each type and practice and then it be practical to replant in order to Additionally, FCIC is replacing the summed to any applicable unit. receive a replanting payment across all phrase ‘‘a normal stand’’ with the FCIC is revising section 13(a)(1) to counties and states. phrase ‘‘the normal planting density,’’ change the phrase ‘‘Multiplying the In section 11(a)(2), FCIC is moving the consistent with definition change. insured acreage of each type and phrase ‘‘We give written consent to In the newly designated section practice by the amount of insurance for replant;’’ from subparagraph (a)(2)(iv) 11(a)(2)(ii), FCIC is revising the the applicable type and practice;’’ to (addressing Lassen, Modoc, Mono, paragraph to clarify the provision only ‘‘Determining the value of all insured Shasta, Siskiyou Counties, California pertains to the fall planted practice, acreage by multiplying the number of and all other states) to the subparagraph because a separate provision is added insured acres by the dollar amount of 11(a)(2) (addressing all areas). FCIC is below to address the spring planted insurance;’’. This change is intended to moving this phrase to require written practice. FCIC is also adding the word clarify that this is the outcome of the consent by approved insurance ‘‘final’’ before ‘‘planting date’’ to calculation in this step and to remove providers as a requirement of replanting eliminate ambiguity between spring reference to type and practices because payments across all counties and states. planting dates. FCIC is also correcting type and practice instructions are FCIC is renumbering subsequent the grammar. already stated in 13(a). paragraphs. FCIC is revising the newly designated FCIC is removing 13(a)(2), because the In the newly designated section section 11(a)(2)(iii) to state ‘‘If spring step for totaling results by type and 11(a)(3) FCIC is replacing the phrase planted, the original planting took place practice from 13(a) is moved to the ‘‘within the insurance period’’ with the after the earliest planting date shown in newly designated 13(b). phrase ‘‘before the spring final planting the Special Provisions, and the acreage FCIC is revising section 13(a)(3) to date in the actuarial documents.’’ FCIC is replanted by the spring final planting change the phrase ‘‘multiplying the total is replacing this phrase so that date shown in the Special Provisions.’’ acres with an established stand for the allowable replanting payments correlate FCIC is adding this language in order to insured acreage of each type and with replanting requirements. allow replanting payments for practice in the unit by the amount of Specifically, this change corresponds producers engaged in the spring planted insurance for the applicable type and with the removal of section 8(b), which practice. A producer that plants a forage practice;’’ to ‘‘determining the value of removed the replanting requirement in crop in the spring suffers the same the acreage with no insurable losses, by California counties for damage financial consequences as a producer of multiplying the dollar amount of occurring after the spring final planting a fall planted crop, if that crop fails to insurance by the insured acreage that: date. Therefore, the spring final planting emerge or suffers damage and needs to [.]’’ This change is intended to simplify date is a more appropriate timeframe for be replanted. Therefore, FCIC is the policy language by removing the defining when replanting payments are expanding coverage to allow replanting term ‘‘established stand,’’ which was available. FCIC is replacing ‘‘a normal payments for spring planted forage as referenced within the settlement steps stand’’ with ‘‘the normal planting well as fall planted forage. Additionally, of section 13(b); clarifying the outcome

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of the calculation in this step by adding 13(a)(1) and change the words ‘‘result’’ action was not required by the APA, the phrase ‘‘value of the acreage with no to ‘‘results’’. This step will function as which exempts contracts. Rather, the insurable losses’’; and removing the subtracting the total value of the acreage requirement originated with a notice phrase ‘‘for each type and practice’’ with no insurable loss from the total USDA published in the Federal Register because this instruction is already stated value of all insured acreage to determine on July 24, 1971 (36 FR 13804), stating in 13(a). In addition, FCIC designates the total value of acreage with insurable that the Department of Agriculture 13(a)(3) as 13(a)(2). losses. This calculation will be for each would, to the maximum extent FCIC is moving the settlement steps in type and practice. FCIC is also removing practicable, use the notice-and-comment section 13(b), previously referred to as the word ‘‘and’’ at the end of the section rulemaking process when making an ‘‘established stand’’ to section as it is not needed for this step. program changes, including those 13(a)(2)(i)–(iv). In moving these FCIC is revising 13(a)(6) to update the involving contracts. FCIC complied with settlement steps, FCIC is also revising section reference from section 13(a)(5) this notice over the subsequent years. the sub-sections 13(a)(2)(i)–(iv) to each to 13(a)(3). FCIC is also adding the word On October 28, 2013, USDA published start with a verb to provide more ‘‘and’’ at the end of the section 13(a)(6) a notice in the Federal Register (78 FR cohesive language and reduce to provide a cohesive transition to the 64194) rescinding the prior notice, redundancy between the leading text final step for settlement of a claim in thereby making contracts again exempt and sub-paragraphs. 13(b). from the notice-and-comment FCIC is adding a new section 13(a)(3) FCIC is adding section 13(b) to state rulemaking process. This exemption to state, ‘‘Determining the value of the ‘‘totaling the results in section 13(a).’’ applies to the 30-day notice prior to acreage with partial insurable losses, by Totaling results for each type and implementation of a rule. Therefore, the multiplying the dollar amount of practice to any applicable unit was policy changes made by this final rule insurance by the number of insured previously included twice in the steps are effective April 30, 2019 in the acres that have a stand less than 75 for settling a claim. With this revision, Federal Register. percent but more than 55 percent of an totaling results for each type and However, FCIC is providing a 30-day adequate stand, by 50 percent (0.5);’’. practice is only performed once. comment period and invites interested This step was previously captured in FCIC is revising the indemnity persons to participate in this rulemaking section 13(c), which stated, ‘‘The calculation example to portray the by submitting written comments. To amount of indemnity on any spring revised steps for settlement of a claim in assist in analyzing the comments, FCIC planted acreage determined in section 13. The revised example requests that commenters include the accordance with section 13(a) will be demonstrates the difference in number and heading corresponding to reduced 50 percent if the stand is less calculations when a portion of the their comment, along with any than 75 percent but more than 55 acreage has a stand between 55 and 75 percent of a normal stand.’’ FCIC is percent of an adequate stand versus a applicable supporting data or moving this step to section 13(a)(3) so stand with less than 55 percent of an references. FCIC will consider the that all steps for settling a claim adequate stand. Additional revisions to comments received and may conduct throughout section 13 are presented in the indemnity calculation example additional rulemaking based on the sequential order. FCIC is updating the include replacing each instance of comments. language of this step to clarify that the ‘‘remaining stand of 75 percent or The changes will be effective for the outcome of the calculation in this step greater’’ with ‘‘remaining stand of 75 2020 and succeeding crop years. is determining the value of acreage with percent of an adequate stand or greater’’ Executive Orders 12866, 13563, 13771 partial insurable losses by adding the and to replace ‘‘75% stand or greater’’ and 13777 phrase ‘‘determining the value of the with ‘‘75% of an adequate stand or acreage with partial insurable losses’’. greater’’ to reduce ambiguity and clarify Executive Order 12866, ‘‘Regulatory FCIC is also removing reference to that loss determinations are to be Planning and Review,’’ and Executive spring planted acreage because the steps determined relative to adequate stand. Order 13563, ‘‘Improving Regulation for settling a claim are first done by any In the indemnity calculation, FCIC also and Regulatory Review,’’ direct agencies applicable unit, which is already is replacing ‘‘$100.00’’ with ‘‘$100’’ and to assess all costs and benefits of defined to allow basic units by spring ‘‘$90.00’’ with ‘‘90.’’ This change available regulatory alternatives and, if planted and fall planted acreage. FCIC is simplifies the example calculations. regulation is necessary, to select replacing the term ‘‘a normal stand’’ regulatory approaches that maximize Notice and Comment with the term ‘‘an adequate stand,’’ net benefits (including potential consistent with the new definition. FCIC The FCIC is issuing this final rule economic, environmental, public health is removing section 13(c) because it is without opportunity for prior notice and and safety effects, distributive impacts, incorporated into section 13(a)(3), and it comment. The Administrative and equity). Executive Order 13563 is no longer needed. Procedure Act (APA) exempts rules emphasized the importance of FCIC is revising section 13(a)(4), to ‘‘relating to agency management or quantifying both costs and benefits, of state ‘‘Adding the results in section personnel or to public property, loans, reducing costs, of harmonizing rules, 13(a)(2) and section 13(a)(3);’’. This grants, benefits, or contracts’’ from the and of promoting flexibility. Executive revision calculates the total value of the statutory requirement for prior notice Order 13777, ‘‘Enforcing the Regulatory acreage with no insurable loss by adding and opportunity for public comment (5 Reform Agenda,’’ established a federal together the value of acreage with no U.S.C. 553(a)(2)). A Federal crop policy to alleviate unnecessary insurable loss plus the value of acreage insurance policy is a contract and is regulatory burdens on the American with partial insurable loss. FCIC thus exempt from APA notice-and- people. The Office of Management and removes the previous language because comment procedures. Previously, Budget (OMB) designated this rule as the step for totaling results by type and changes made to the Federal crop not significant under Executive Order practice from 13(a) is moved to the insurance policies codified in the Code 12866, ‘‘Regulatory Planning and newly designated 13(b). of Federal Regulations were required to Review,’’ and therefore, OMB has not FCIC is updating section 13(a)(5) be implemented through the notice-and- reviewed this rule. The rule is not reference of section 13(a)(2) to section comment rulemaking process. Such subject to Executive Order 13771,

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‘‘Reducing Regulation and Controlling power and responsibilities between the on civil justice reform. The provisions Regulatory Costs.’’ Federal Government and Indian tribes. of this rule will not have a retroactive The Federal Crop Insurance effect. The provisions of this rule will Paperwork Reduction Act of 1995 Corporation has assessed the impact of preempt State and local laws to the Pursuant to the provisions of the this rule on Indian tribes and extent such State and local laws are Paperwork Reduction Act of 1995 (44 determined that this rule does not, to inconsistent herewith. With respect to U.S.C. chapter 35, subchapter I), the our knowledge, have tribal implications any direct action taken by FCIC or collections of information in this rule that require tribal consultation under action by FCIC directing the insurance have been approved by OMB under E.O. 13175. If a Tribe requests provider to take specific action under control number 0563–0053. consultation, the Federal Crop the terms of the crop insurance policy, Insurance Corporation will work with the administrative appeal provisions E-Government Act Compliance the Office of Tribal Relations to ensure published at 7 CFR part 11 must be FCIC is committed to complying with meaningful consultation is provided exhausted before any action against the E-Government Act of 2002, to where changes, additions and FCIC for judicial review may be brought. promote the use of the internet and modifications identified herein are not Environmental Evaluation other information technologies to expressly mandated by Congress. This action is not expected to have a provide increased opportunities for Regulatory Flexibility Act citizen access to Government significant economic impact on the information and services, and for other FCIC certifies that this regulation will quality of the human environment, purposes. not have a significant economic impact health, or safety. Therefore, neither an on a substantial number of small Environmental Assessment nor an Unfunded Mandates Reform Act of entities. Program requirements for the Environmental Impact Statement is 1995 Federal crop insurance program are the needed. Title II of the Unfunded Mandates same for all producers regardless of the List of Subjects in 7 CFR Part 457 size of their farming operation. For Reform Act of 1995 (UMRA), establishes Crop insurance, Forage seeding, requirements for Federal agencies to instance, all producers are required to submit an application and acreage Reporting and recordkeeping assess the effects of their regulatory requirements. actions on State, local, and tribal report to establish their insurance governments and the private sector. guarantees and compute premium Final Rule This rule contains no Federal mandates amounts, and all producers are required Accordingly, as set forth in the (under the regulatory provisions of title to submit a notice of loss and preamble, the Federal Crop Insurance II of the UMRA) for State, local, and production information to determine the Corporation amends 7 CFR part 457 tribal governments or the private sector. indemnity amount for an insured cause effective for the 2020 and succeeding Therefore, this rule is not subject to the of crop loss. Whether a producer has 10 crop years as follows: requirements of sections 202 and 205 of acres or 1000 acres, there is no UMRA. difference in the kind of information PART 457—COMMON CROP collected. To ensure crop insurance is INSURANCE REGULATIONS Executive Order 13132 available to small entities, the Federal ■ 1. The authority citation for part 457 It has been determined under section Crop Insurance Act (FCIA) authorizes continues to read as follows: 1(a) of Executive Order 13132, FCIC to waive collection of Federalism, that this rule does not have administrative fees from limited Authority: 7 U.S.C. 1506(l), 1506(o). sufficient implications to warrant resource farmers. FCIC believes this ■ 2. Amend § 457.151 as follows: consultation with the States. The waiver helps to ensure that small ■ a. Remove ‘‘2003’’ and add ‘‘2020’’ in provisions contained in this rule will entities are given the same opportunities its place in the introductory text; not have a substantial direct effect on as large entities to manage their risks ■ b. Remove the undesignated States, or on the relationship between through the use of crop insurance. A paragraph immediately preceding the national government and the States, Regulatory Flexibility Analysis has not section 1; or on the distribution of power and been prepared since this regulation does ■ c. In section 1: ■ responsibilities among the various not have a significant impact on a i. Add in alphabetical order the levels of government. substantial number of small entities, definitions of ‘‘adequate stand’’, and, therefore, this regulation is exempt ‘‘amount of insurance’’, and Executive Order 13175 from the provisions of the Regulatory ‘‘companion crop’’; Flexibility Act (5 U.S.C. 605). ■ ii. Revise the definition of ‘‘good This rule has been reviewed in farming practices’’; accordance with the requirements of Federal Assistance Program ■ iii. In the definition of ‘‘harvest’’ Executive Order 13175, ‘‘Consultation This program is listed in the Catalog remove the word ‘‘only’’; and Coordination with Indian Tribal of Federal Domestic Assistance under ■ iv. Add in alphabetical order the Governments.’’ Executive Order 13175 No. 10.450. definition of ‘‘normal planting density’’; requires Federal agencies to consult and ■ v. Remove the definitions of ‘‘normal coordinate with tribes on a government- Executive Order 12372 stand’’ and ‘‘nurse crop (companion to-government basis on policies that This program is not subject to the crop)’’; have tribal implications, including provisions of Executive Order 12372, ■ vi. Revise the definitions of ‘‘planted regulations, legislative comments or which requires intergovernmental acreage’’, ‘‘replanting’’, and ‘‘sales proposed legislation, and other policy consultation with State and local closing date’’; statements or actions that have officials. See 2 CFR part 415, subpart C. ■ d. Revise section 5; substantial direct effects on one or more ■ e. In section 6 remove the phrase Indian tribes, on the relationship Executive Order 12988 ‘‘acreage report date’’ and add the between the Federal Government and This rule has been reviewed in phrase ‘‘acreage reporting date’’ in its Indian tribes or on the distribution of accordance with Executive Order 12988 place;

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■ f. In section 7: Normal planting density. The number (g) The end of insurance period date ■ i. In paragraph (b) remove the phrase of live plants per square foot as shown shown in the actuarial documents. ‘‘a normal’’ and add the phrase ‘‘an in the Special Provisions. * * * * * adequate’’ in its place; * * * * * 11. Replanting Payment ■ ii. In paragraph (d) remove the word Planted acreage. In addition to the (a) Unless otherwise specified in the ‘‘nurse’’ and add the word ‘‘companion’’ definition in the Basic Provisions, land Special Provisions, a replanting in its place; on which seed is initially spread onto payment is allowed if: ■ g. Revise section 8; the soil surface by any method and (1) It is practical to replant; ■ h. In Section 9; subsequently is mechanically (2) We give written consent to replant; ■ i. Revise paragraph (c); incorporated into the soil in a timely (3) In California, acreage planted to ■ ii. Revise paragraph (g); manner and at the proper depth will be the insured crop is damaged by an ■ i. In section 10 in the introductory text considered planted, unless otherwise insurable cause of loss occurring before remove the phrase ‘‘stand of forage that provided by the Special Provisions, the spring final planting date in the occur’’ and add the phrase ‘‘an adequate actuarial documents, or written actuarial documents to the extent that stand that occurs’’ in its place; agreement. less than 75 percent of the normal ■ j. In section 11: Replanting. In addition to the planting density remains and the crop ■ i. Revise paragraph (a); definition in the Basic Provisions, can reach maturity before the end of the insurance period; ■ ii. In paragraph (b) add the term ‘‘(a)’’ placing new seed into an existing (4) In all other states: directly following the number ‘‘13’’; damaged stand, using a reduced seeding (i) The insured spring or fall planted ■ k. In paragraph 12(b) remove the rate from the original seeding rate, will acreage is damaged by an insurable phrase ‘‘(Duties in the Event of Damage not be considered replanting. cause of loss to the extent that less than or Loss)’’, add the word ‘‘damaged’’ Sales closing date. In lieu of the 75 percent of the normal planting preceding the term ‘‘fall planted definition contained in the Basic density remains; acreage’’, and remove the phrase ‘‘that is Provisions, a date contained in the (ii) If fall planted, the acreage is damaged’’; and Special Provisions by which an replanted the following spring by the ■ l. Revise section 13. application must be filed and by which spring final planting date; and The revisions and additions read as you may change your crop insurance (iii) If spring planted, the original follows: coverage for a crop year. If the Special planting took place after the earliest Provisions provide a sales closing date planting date shown in the Special § 457.151 Forage seeding crop insurance for both fall planted and spring planted provisions. Provisions; and the acreage is replanted practices for the insured crop and you * * * * * by the spring final planting date shown plant any insurable fall planted acreage, in the Special Provisions. 1. Definitions. you may not change your crop Adequate stand. The number shown insurance coverage after the fall sales * * * * * in the Special Provisions, representing: closing date for the fall planted practice. 13. Settlement of Claim In the event of loss or damage covered (a) For forage containing 60 percent or * * * * * more alfalfa, the minimum required by this policy, we will settle your claim 5. Cancellation and Termination number of live alfalfa stems per square on any unit by: Dates. foot that are two inches or greater in (a) Each type and practice: height; or In accordance with section 2 of the (1) Determining the value of all (b) For forage containing less than 60 Basic Provisions, the cancellation and insured acreage by multiplying the percent alfalfa, the normal planting termination dates are: number of insured acres by the dollar amount of insurance; density. State Cancellation Termination Amount of insurance. The dollar (2) Determining the value of the amount of insurance per acre obtained Maine ...... March 15 ...... March 15. acreage with no insurable losses, by All other states July 31 ...... September 30. by multiplying the reference maximum multiplying the dollar amount of dollar amount shown in the actuarial insurance by the insured acreage that: * * * * * (i) Has at least 75 percent of an documents by the coverage level adequate stand; percentage you elect. 8. Insurable Acreage. (ii) Was abandoned or put to another Companion crop. A crop seeded into In addition to the provisions of use without our prior written consent; the same acreage as another crop, that section 9 of the Basic Provisions, any (iii) Was damaged solely by an is intended to be harvested separately, acreage of the insured crop damaged uninsured cause; or and that is planted to improve growing before the final planting date, to the (iv) Was harvested and not reseeded. conditions for the crop with which it is extent that such acreage has less than 75 (3) Determining the value of the grown. percent of a normal planting density, must be replanted unless we agree that acreage with partial insurable losses, by * * * * * it is not practical to replant. multiplying the dollar amount of Good farming practices. In lieu of the 9. Insurance Period. insurance by the number of insured definition in the Basic Provisions, the acres that have a stand less than 75 cultural practices generally in use in the * * * * * percent but more than 55 percent of an county for the crop to make normal (c) The first harvest after the late adequate stand, by 50 percent (0.5); progress toward maturity and produce harvest date, if a late harvest date is (4) Adding the results in section an adequate stand and which are those specified in the Special Provisions (You 13(a)(2) and section 13(a)(3); generally recognized by agricultural may harvest the crop as often as (5) Subtracting the results in section experts or organic agricultural experts, practical in accordance with good 13(a)(4) from the results in section as compatible with agronomic and farming practices on or before the late 13(a)(1); weather conditions for the area. harvest date); (6) Multiplying the result in section * * * * * * * * * * 13(a)(3) by your share; and

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(b) Totaling the results in section Airbus SAS Model A350–941 airplanes. apply to certain Airbus SAS Model 13(a). This AD was prompted by reports that, A350–941 airplanes. The NPRM Example: Assume you have a 100 percent for multimaterial (hybrid) joints of the published in the Federal Register on share in 30 acres of type A forage in the unit, passenger door frame fittings, the September 4, 2018 (83 FR 44844). The with an amount of insurance of $100 per interfay sealant was not applied NPRM was prompted by reports that, for acre. At the time of loss, the following between all surfaces of the joint parts. multimaterial (hybrid) joints of the findings are established: 10 acres had a This AD requires modification of the passenger door frame fittings, the remaining stand of 75 percent of an adequate hybrid joints of the passenger doors by interfay sealant was not applied stand or greater. 20 acres had a remaining applying additional corrosion protection between all surfaces of the joint parts. stand less than 75 percent but more than 55 percent of an adequate stand. to the hybrid joints of the passenger The NPRM proposed to require You also have a 100 percent share in 20 door frame fittings. We are issuing this modification of the hybrid joints of the acres of type B forage in the unit, with an AD to address the unsafe condition on passenger doors by applying additional amount of insurance of $90 per acre. 10 acres these products. corrosion protection to the hybrid joints had a remaining stand of 75 percent of an DATES: This AD is effective January 14, of the passenger door frame fittings. adequate stand or greater. 10 acres had a 2019. We are issuing this AD to address remaining stand less than 55 percent of an The Director of the Federal Register adequate stand. water ingress in the hybrid joints and Your indemnity would be calculated as approved the incorporation by reference subsequent galvanic corrosion of the follows: of a certain publication listed in this AD aluminum holes. This condition, if not 1. 30 acres × $100 = $3,000 amount of as of January 14, 2019. corrected, could lead to failure of the insurance for type A; ADDRESSES: For service information door, resulting in reduced evacuation 20 acres × $90 = $1,800 amount of identified in this final rule, contact capacity from the airplane during an insurance for type B; Airbus SAS, Airworthiness Office— emergency and consequent injury to 2. 10 acres with 75% of an adequate stand EAL, Rond-Point Emile Dewoitine No: occupants. or greater × $100 = $1,000 for type A; 10 acres with 75% of an adequate stand or 2, 31700 Blagnac Cedex, France; The European Aviation Safety Agency greater × $900 = $900 for type B; telephone +33 5 61 93 36 96; fax +33 5 (EASA), which is the Technical Agent 3. 20 acres with less than 75% but greater 61 93 45 80; email continued- for the Member States of the European than 55% of an adequate stand × $100 × 50 [email protected]; Union, has issued EASA AD 2018–0108, percent = $1,000 for type A; internet http://www.airbus.com. You dated May 15, 2018 (referred to after 0 acres with less than 75% but greater than may view this service information at the × × this as the Mandatory Continuing 55% of an adequate stand $90 50 percent FAA, Transport Standards Branch, 2200 Airworthiness Information, or ‘‘the = $0 for type B; South 216th St., Des Moines, WA. For 4. $1,000 + $1,000 = $2,000 reduction for MCAI’’), to correct an unsafe condition type A; information on the availability of this for certain Airbus SAS Model A350–941 $900 + $0 = $900 reduction for type B; material at the FAA, call 206–231–3195. airplanes. The MCAI states: ¥ It is also available on the internet at 5. $3,000 $2,000 = $1,000 for type A Due to the misinterpretation of the $1,800 ¥ $900 = $900 for type B http://www.regulations.gov by searching × prevailing requirements for multimaterial 6. $1,000 100 percent share = $1,000 for for and locating Docket No. FAA–2018– (hybrid) joints of the passenger door frame type A; 0761. fittings, the interfay sealant, which prevents $900 × 100 percent share = $900 for type Examining the AD Docket water ingress, was only applied on the B; surface in direct contact with the aluminum 7. $1,000 + $900 = $1,900 total indemnity You may examine the AD docket on parts and not between all surfaces of the joint * * * * * the internet at http:// parts. For sealing of multi-material-stacks involving aluminum, application of interfay Martin R. Barbre, www.regulations.gov by searching for and locating Docket No. FAA–2018– sealant is necessary between all assembled Manager, Federal Crop Insurance parts, even between parts made of corrosion Corporation. 0761; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday resistant material, in order to ensure a double [FR Doc. 2018–26559 Filed 12–7–18; 8:45 am] barrier to prevent water ingress in the joint through Friday, except Federal holidays. BILLING CODE 3410–08–P and subsequent potential galvanic corrosion The AD docket contains this final rule, on the aluminum holes. the regulatory evaluation, any This condition, if not corrected, could lead comments received, and other to failure of the door to perform its intended DEPARTMENT OF TRANSPORTATION information. The address for Docket function, possibly resulting in reduced evacuation capacity from the aeroplane Federal Aviation Administration Operations (phone: 800–647–5527) is U.S. Department of Transportation, during an emergency and consequent injury to occupants. 14 CFR Part 39 Docket Operations, M–30, West Building Ground Floor, Room W12–140, To address this unsafe condition, Airbus [Docket No. FAA–2018–0761; Product developed production mod 110790 and mod 1200 New Jersey Avenue SE, 109554 to improve protection against Identifier 2018–NM–088–AD; Amendment Washington, DC 20590. 39–19516; AD 2018–25–05] corrosion, and issued the SB [Airbus Service FOR FURTHER INFORMATION CONTACT: Bulletin A350–52–P012, dated September 7, RIN 2120–AA64 Kathleen Arrigotti, Aerospace Engineer, 2017] to provide modification instructions International Section, Transport for in-service pre-mod aeroplanes. Airworthiness Directives; Airbus SAS Standards Branch, FAA, 2200 South For the reasons described above, this Airplanes 216th St., Des Moines, WA 98198; [EASA] AD requires a modification by adding sealant and protective treatment on the AGENCY: Federal Aviation telephone and fax 206–231–3218. affected passenger doors. Administration (FAA), Department of SUPPLEMENTARY INFORMATION: You may examine the MCAI in the Transportation (DOT). Discussion ACTION: Final rule. AD docket on the internet at http:// We issued a notice of proposed www.regulations.gov by searching for SUMMARY: We are adopting a new rulemaking (NPRM) to amend 14 CFR and locating Docket No. FAA–2018– airworthiness directive (AD) for certain part 39 by adding an AD that would 0761.

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Comments frame fittings, the operator could be out Bulletin A350–52–P012, dated We gave the public the opportunity to of compliance with the requirements of September 7, 2017. Under the participate in developing this final rule. the final rule because of the differences provisions of paragraph (h)(1) of this The following presents the comments in the procedures between the Airbus AD, operators may apply for an AMOC received on the NPRM and the FAA’s Model A350 AMM tasks and the to use other Airbus Model A350 AMM response to each comment. Accomplishment Instructions of Airbus tasks instead of the procedures in the Service Bulletin A350–52–P012, dated Accomplishment Instructions of Airbus Support for the NPRM September 7, 2017. Service Bulletin A350–52–P012, dated The Air Line Pilots Association, The commenter also indicated that September 7, 2017. We have not International (ALPA), Delta Air Lines some operators may perceive using the changed this AD in regard to this issue. fay surface sealant as described in the (DAL), and JM, a private citizen, Conclusion indicated their support for the NPRM. Airbus Model A350 AMM tasks to be a more robust solution than the spray-on We reviewed the relevant data, Request To Allow Alternative Method corrosion inhibitor compounds or top of Compliance considered the comments received, and coating of fasteners described in the determined that air safety and the DAL requested the addition of a Accomplishment Instructions of Airbus public interest require adopting this paragraph in the final rule that would Service Bulletin A350–52–P012, dated final rule as proposed, except for minor allow operators to use certain Airbus September 7, 2017. The commenter editorial changes. We have determined Model A350 Airplane Maintenance observed that some operators may prefer that these minor changes: Manual (AMM) tasks, identified in the to remove the passenger door frame • Are consistent with the intent that comment, to accomplish the actions that fittings, apply the fay surface sealant, was proposed in the NPRM for would be required by the final rule. The and re-install the passenger door frame addressing the unsafe condition; and commenter noted that the Airbus Model fittings. • A350 AMM includes tasks related to The commenter clarified that the Do not add any additional burden maintenance of the passenger door language in the suggested paragraph upon the public than was already frame fittings, including installation of would not mandate the use of the proposed in the NPRM. the fittings with sealant applied Airbus Model A350 AMM tasks, but Related Service Information Under 1 between the fitting and the door, similar would state that operators would have CFR Part 51 to what is described in the to apply for an alternative method of Accomplishment Instructions of Airbus compliance (AMOC) in order to use the Airbus SAS has issued Service Service Bulletin A350–52–P012, dated Airbus Model A350 AMM tasks instead Bulletin A350–52–P012, dated September 7, 2017. of the procedures in the September 7, 2017. This service The commenter also pointed out that Accomplishment Instructions of Airbus information describes procedures for the Airbus Model A350 AMM tasks do Service Bulletin A350–52–P012, dated modification of the hybrid joints of the not include application of a top coat September 7, 2017. left-hand and right-hand sides of the spray or corrosion prevention We disagree with the commenter’s passenger door frame fittings at doors 1, compound after installation of request. The Airbus Model A350 AMM 2, 3 and 4, by applying additional passenger door frame fittings, or include task numbers provided by the corrosion protection. This service application of top coat sealant and commenter do not match the Airbus information is reasonably available application of primer over the fasteners, Model A350 AMM task numbers because the interested parties have which are included in the specified in Airbus Service Bulletin access to it through their normal course Accomplishment Instructions of Airbus A350–52–P012, dated September 7, of business or by the means identified Service Bulletin A350–52–P012, dated 2017. Also, the commenter did not in the ADDRESSES section. September 7, 2017. The commenter provide sufficient documentation to Costs of Compliance observed that replacement of passenger show that, in regard to the unsafe door frame fittings in-service is condition identified in this AD, the We estimate that this AD affects 1 customary, and that if an operator uses Airbus Model A350 AMM tasks provide airplane of U.S. registry. We estimate the Airbus Model A350 AMM tasks in- an equivalent level of safety as the the following costs to comply with this service to rework the passenger door procedures described in Airbus Service AD:

ESTIMATED COSTS

Cost per Cost on U.S. Labor cost Parts cost product operators

60 work-hours × $85 per hour = $5,100 ...... $0 $5,100 $5,100

According to the manufacturer, some Authority for This Rulemaking We are issuing this rulemaking under or all of the costs of this AD may be the authority described in Subtitle VII, covered under warranty, thereby Title 49 of the United States Code Part A, Subpart III, Section 44701: reducing the cost impact on affected specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that individuals. We do not control warranty rules on aviation safety. Subtitle I, section, Congress charges the FAA with coverage for affected individuals. As a section 106, describes the authority of promoting safe flight of civil aircraft in result, we have included all known the FAA Administrator. Subtitle VII: air commerce by prescribing regulations costs in our cost estimate. Aviation Programs, describes in more for practices, methods, and procedures detail the scope of the Agency’s the Administrator finds necessary for authority. safety in air commerce. This regulation is within the scope of that authority

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because it addresses an unsafe condition 2018–25–05 Airbus SAS: Amendment 39– (2) Contacting the Manufacturer: For any that is likely to exist or develop on 19516; Docket No. FAA–2018–0761; requirement in this AD to obtain corrective products identified in this rulemaking Product Identifier 2018–NM–088–AD. actions from a manufacturer, the action must be accomplished using a method approved action. (a) Effective Date by the Manager, International Section, This AD is issued in accordance with This AD is effective January 14, 2019. Transport Standards Branch, FAA; or the authority delegated by the Executive (b) Affected ADs European Aviation Safety Agency (EASA); or Director, Aircraft Certification Service, Airbus SAS’s EASA Design Organization as authorized by FAA Order 8000.51C. None. Approval (DOA). If approved by the DOA, In accordance with that order, issuance (c) Applicability the approval must include the DOA- of ADs is normally a function of the authorized signature. This AD applies to Airbus SAS Model (3) Required for Compliance (RC): If any Compliance and Airworthiness A350–941 airplanes, certificated in any Division, but during this transition service information contains procedures or category, as identified in Airbus Service tests that are identified as RC, those Bulletin A350–52–P012, dated September 7, period, the Executive Director has procedures and tests must be done to comply 2017. delegated the authority to issue ADs with this AD; any procedures or tests that are applicable to transport category (d) Subject not identified as RC are recommended. Those airplanes and associated appliances to Air Transport Association (ATA) of procedures and tests that are not identified the Director of the System Oversight America Code 52, Doors. as RC may be deviated from using accepted Division. methods in accordance with the operator’s (e) Reason maintenance or inspection program without Regulatory Findings This AD was prompted by reports that, for obtaining approval of an AMOC, provided multimaterial (hybrid) joints of the passenger the procedures and tests identified as RC can This AD will not have federalism be done and the airplane can be put back in implications under Executive Order door frame fittings, the interfay sealant was not applied between all surfaces of the joint an airworthy condition. Any substitutions or 13132. This AD will not have a parts. We are issuing this AD to address changes to procedures or tests identified as substantial direct effect on the States, on water ingress in the hybrid joints and RC require approval of an AMOC. the relationship between the national subsequent galvanic corrosion of the (i) Related Information government and the States, or on the aluminum holes. This condition, if not distribution of power and corrected, could lead to failure of the door, (1) Refer to Mandatory Continuing responsibilities among the various resulting in reduced evacuation capacity Airworthiness Information (MCAI) EASA AD 2018–0108, dated May 15, 2018, for related levels of government. from the airplane during an emergency and consequent injury to occupants. information. This MCAI may be found in the For the reasons discussed above, I AD docket on the internet at http:// certify that this AD: (f) Compliance www.regulations.gov by searching for and (1) Is not a ‘‘significant regulatory Comply with this AD within the locating Docket No. FAA–2018–0761. action’’ under Executive Order 12866, compliance times specified, unless already (2) For more information about this AD, done. contact Kathleen Arrigotti, Aerospace (2) Is not a ‘‘significant rule’’ under Engineer, International Section, Transport the DOT Regulatory Policies and (g) Modification of Passenger Door Hybrid Standards Branch, FAA, 2200 South 216th Procedures (44 FR 11034, February 26, Joints St., Des Moines, WA 98198; telephone and 1979), Within 48 months after the date of issuance fax 206–231–3218. of the original certificate of airworthiness or (3) Will not affect intrastate aviation (j) Material Incorporated by Reference in Alaska, and the original export certificate of airworthiness, whichever occurs earlier: (1) The Director of the Federal Register (4) Will not have a significant Apply additional corrosion protection (e.g. approved the incorporation by reference economic impact, positive or negative, primer/topcoat or corrosion prevention (IBR) of the service information listed in this on a substantial number of small entities compound) to the hybrid joints of the left- paragraph under 5 U.S.C. 552(a) and 1 CFR under the criteria of the Regulatory hand and right-hand sides of the passenger part 51. Flexibility Act. door frame fittings at doors 1, 2, 3 and 4, in (2) You must use this service information accordance with the Accomplishment as applicable to do the actions required by List of Subjects in 14 CFR Part 39 Instructions of Airbus Service Bulletin A350– this AD, unless this AD specifies otherwise. 52–P012, dated September 7, 2017. (i) Airbus Service Bulletin A350–52–P012, Air transportation, Aircraft, Aviation dated September 7, 2017. safety, Incorporation by reference, (h) Other FAA AD Provisions (ii) [Reserved] Safety. The following provisions also apply to this (3) For service information identified in Adoption of the Amendment AD: this AD, contact Airbus SAS, Airworthiness (1) Alternative Methods of Compliance Office—EAL, Rond-Point Emile Dewoitine Accordingly, under the authority (AMOCs): The Manager, International No: 2, 31700 Blagnac Cedex, France; delegated to me by the Administrator, Section, Transport Standards Branch, FAA, telephone +33 5 61 93 36 96; fax +33 5 61 the FAA amends 14 CFR part 39 as has the authority to approve AMOCs for this 93 45 80; email continued- follows: AD, if requested using the procedures found [email protected]; internet in 14 CFR 39.19. In accordance with 14 CFR http://www.airbus.com. PART 39—AIRWORTHINESS 39.19, send your request to your principal (4) You may view this service information inspector or local Flight Standards District at the FAA, Transport Standards Branch, DIRECTIVES Office, as appropriate. If sending information 2200 South 216th St., Des Moines, WA. For directly to the International Section, send it information on the availability of this ■ 1. The authority citation for part 39 to the attention of the person identified in material at the FAA, call 206–231–3195. continues to read as follows: paragraph (i)(2) of this AD. Information may (5) You may view this service information Authority: 49 U.S.C. 106(g), 40113, 44701. be emailed to: 9-ANM-116-AMOC- that is incorporated by reference at the [email protected]. Before using any National Archives and Records § 39.13 [Amended] approved AMOC, notify your appropriate Administration (NARA). For information on principal inspector, or lacking a principal the availability of this material at NARA, call ■ 2. The FAA amends § 39.13 by adding inspector, the manager of the local flight 202–741–6030, or go to: http:// the following new airworthiness standards district office/certificate holding www.archives.gov/federal-register/cfr/ibr- directive (AD): district office. locations.html.

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Issued in Des Moines, Washington, on www.regulations.gov by searching for EASA issued AD 2009–0220 [which November 23, 2018. and locating Docket No. FAA–2018– corresponds to FAA AD 2010–22–05 (75 FR John P. Piccola, 0767; or in person at Docket Operations 66649, October 29, 2010) (‘‘AD 2010–22– Acting Director, System Oversight Division, between 9 a.m. and 5 p.m., Monday 05’’)] to require those actions. In addition, Aircraft Certification Service. Fokker Services issued SBF100–32–163 to through Friday, except Federal holidays. introduce the option to install a restrictor [FR Doc. 2018–26464 Filed 12–7–18; 8:45 am] The AD docket contains this final rule, check valve with a filter screen in the return BILLING CODE 4910–13–P the regulatory evaluation, any line of the PBSOV. A recent review of in- comments received, and other service experience and the SBF100–32–159 information. The address for Docket inspection results revealed new occurrences DEPARTMENT OF TRANSPORTATION Operations (phone: 800–647–5527) is of debris that obstructed (but did not U.S. Department of Transportation, completely block) the restrictor check valve. Federal Aviation Administration Docket Operations, M–30, West This condition, if not corrected, might Building Ground Floor, Room W12–140, prevent complete main landing gear 14 CFR Part 39 extension, possibly resulting in damage to 1200 New Jersey Avenue SE, the aeroplane during landing, and [Docket No. FAA–2018–0767; Product Washington, DC 20590. consequent injury to occupants. Identifier 2018–NM–068–AD; Amendment FOR FURTHER INFORMATION CONTACT: Tom To address this potential unsafe condition, 39–19514; AD 2018–25–03] Rodriguez, Aerospace Engineer, Fokker Services issued Revision 1 of RIN 2120–AA64 International Section, Transport SBF100–32–163, providing instructions to Standards Branch, FAA, 2200 South replace the restrictor check valve with the Airworthiness Directives; Fokker 216th St., Des Moines, WA 98198; improved valve incorporating a filter screen. Services B.V. Airplanes telephone and fax 206–231–3226. For the reason described above, this [EASA] AD requires the replacement of the AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: restrictor check valve in the return line of the Administration (FAA), Department of Discussion PBSOV with the improved valve. Transportation (DOT). We issued a notice of proposed You may examine the MCAI in the ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR AD docket on the internet at http:// SUMMARY: We are adopting a new part 39 by adding an AD that would www.regulations.gov by searching for airworthiness directive (AD) for all apply to all Fokker Services B.V. Model and locating Docket No. FAA–2018– Fokker Services B.V. Model F28 Mark F28 Mark 0070 and 0100 airplanes. The 0767. NPRM published in the Federal 0070 and 0100 airplanes. This AD was Comments prompted by reports that debris from Register on September 7, 2018 (83 FR the parking brake shut off valve 45362). The NPRM was prompted by We gave the public the opportunity to (PBSOV) could create a partial blockage reports that debris from the PBSOV participate in developing this final rule. of the restrictor check valve in the could create a partial blockage of the We received no comments on the NPRM hydraulic return line of the PBSOV. restrictor check valve in the hydraulic or on the determination of the cost to This AD requires replacing the restrictor return line of the PBSOV. The NPRM the public. check valve with an improved valve that proposed to require replacing the Conclusion has a filter screen. We are issuing this restrictor check valve with an improved AD to address the unsafe condition on valve that has a filter screen. We reviewed the relevant data and We are issuing this AD to address these products. determined that air safety and the debris from the PBSOV that could create DATES: This AD is effective January 14, public interest require adopting this a partial blockage of the restrictor check 2019. final rule as proposed, except for minor valve in the hydraulic return line of the The Director of the Federal Register editorial changes. We have determined PBSOV, which, if not corrected, may approved the incorporation by reference that these minor changes: of a certain publication listed in this AD prevent complete main landing gear • Are consistent with the intent that as of January 14, 2019. extension, possibly resulting in damage to the airplane during landing, and was proposed in the NPRM for ADDRESSES: For service information addressing the unsafe condition; and identified in this final rule, contact consequent injury to occupants. The European Aviation Safety Agency • Fokker Services B.V., Technical Do not add any additional burden (EASA), which is the Technical Agent Services Dept., P.O. Box 1357, 2130 EL upon the public than was already for the Member States of the European Hoofddorp, the Netherlands; telephone proposed in the NPRM. Union, has issued EASA Airworthiness +31 (0)88–6280–350; fax +31 (0)88– Directive 2018–0077 dated April 6, 2018 Related Service Information Under 1 6280–111; email technicalservices@ (referred to after this as the Mandatory CFR Part 51 fokker.com; internet http:// Continuing Airworthiness Information, www.myfokkerfleet.com. You may view Fokker Services B.V. has issued or ‘‘the MCAI’’), to correct an unsafe this service information at the FAA, Service Bulletin SBF100–32–163, condition for Fokker Services B.V. Transport Standards Branch, 2200 Revision 1, dated February 21, 2018. Model F28 Mark 0070 and 0100 South 216th St., Des Moines, WA. For This service information describes airplanes. The MCAI states: information on the availability of this procedures for removing the restrictor material at the FAA, call 206–231–3195. Service experience with Fokker 70 and check valve in the hydraulic return line It is also available on the internet at Fokker 100 aeroplanes has shown that debris of the PBSOV and installing an http://www.regulations.gov by searching from the parking brake shut-off valve improved restrictor check valve that has (PBSOV) can eventually block the restrictor for and locating Docket No. FAA–2018– a filter screen. This service information check valve in the hydraulic return line of is reasonably available because the 0767. the PBSOV. Prompted by these findings, interested parties have access to it Examining the AD Docket Fokker Services issued [Service Bulletin] SBF100–32–159 to introduce a new PBSOV through their normal course of business You may examine the AD docket on and a one-time inspection for debris in the or by the means identified in the the internet at http:// affected part of the hydraulic return system. ADDRESSES section.

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Costs of Compliance the following costs to comply with this We estimate that this AD affects 4 AD: airplanes of U.S. registry. We estimate

ESTIMATED COSTS

Cost per Cost on Labor cost Parts cost product U.S. operators

2 work-hours × $85 per hour = $170 ...... $1,282 $1,452 $5,808

Authority for This Rulemaking (3) Will not affect intrastate aviation address this condition, which, if not in Alaska, and corrected, may prevent complete main Title 49 of the United States Code landing gear extension, possibly resulting in specifies the FAA’s authority to issue (4) Will not have a significant economic impact, positive or negative, damage to the airplane during landing, and rules on aviation safety. Subtitle I, consequent injury to occupants. section 106, describes the authority of on a substantial number of small entities (f) Compliance the FAA Administrator. Subtitle VII: under the criteria of the Regulatory Aviation Programs, describes in more Flexibility Act. Comply with this AD within the detail the scope of the Agency’s compliance times specified, unless already List of Subjects in 14 CFR Part 39 done. authority. We are issuing this rulemaking under Air transportation, Aircraft, Aviation (g) Definitions safety, Incorporation by reference, the authority described in Subtitle VII, For the purposes of this AD, the definitions Part A, Subpart III, Section 44701: Safety. in paragraphs (g)(1) through (g)(3) apply. ‘‘General requirements.’’ Under that Adoption of the Amendment (1) An affected part is any hydraulic section, Congress charges the FAA with restrictor check valve having part number (P/ Accordingly, under the authority promoting safe flight of civil aircraft in N) D71293–003, P/N D71295–401, or P/N delegated to me by the Administrator, air commerce by prescribing regulations D71296–401. the FAA amends 14 CFR part 39 as (2) Group 1 airplanes are those that have for practices, methods, and procedures follows: an affected part installed. the Administrator finds necessary for (3) Group 2 airplanes are those that do not safety in air commerce. This regulation PART 39—AIRWORTHINESS have an affected part installed. is within the scope of that authority DIRECTIVES because it addresses an unsafe condition (h) Required Actions that is likely to exist or develop on ■ 1. The authority citation for part 39 For Group 1 airplanes, within 24 months products identified in this rulemaking continues to read as follows: after the effective date of this AD, modify the airplane by replacing each affected part with action. Authority: 49 U.S.C. 106(g), 40113, 44701. This AD is issued in accordance with a restrictor check valve that has a filter screen, P/N CKLX0517200B or P/N authority delegated by the Executive § 39.13 [Amended] CKLX0520100B, as applicable, in accordance Director, Aircraft Certification Service, ■ 2. The FAA amends § 39.13 by adding with the accomplishment instructions of as authorized by FAA Order 8000.51C. the following new airworthiness Fokker Service Bulletin SBF100–32–163, In accordance with that order, issuance directive (AD): Revision 1, dated February 21, 2018. of ADs is normally a function of the (i) Parts Installation Prohibition Compliance and Airworthiness 2018–25–03 Fokker Services B.V.: Division, but during this transition Amendment 39–19514; Docket No. Do not install an affected part on any period, the Executive Director has FAA–2018–0767; Product Identifier airplane, as required by paragraph (i)(1) or 2018–NM–068–AD. (i)(2) of this AD, as applicable. delegated the authority to issue ADs (1) For Group 1 airplanes: After applicable to transport category (a) Effective Date modification of the airplane as required by airplanes and associated appliances to This AD is effective January 14, 2019. paragraph (h) of this AD. the Director of the System Oversight (2) For Group 2 airplanes: From the Division. (b) Affected ADs effective date of this AD. This AD affects AD 2010–22–05, Regulatory Findings Amendment 39–16484 (75 FR 66649, October (j) Terminating Actions for AD 2010–22–05 This AD will not have federalism 29, 2010) (‘‘AD 2010–22–05’’). Accomplishing the actions required by implications under Executive Order paragraph (h) of this AD terminates all (c) Applicability requirements of AD 2010–22–05. 13132. This AD will not have a This AD applies to Fokker Services B.V. substantial direct effect on the States, on Model F28 Mark 0070 and 0100 airplanes, (k) Other FAA AD Provisions the relationship between the national certificated in any category, all serial The following provisions also apply to this government and the States, or on the numbers. AD: distribution of power and (1) Alternative Methods of Compliance responsibilities among the various (d) Subject (AMOCs): The Manager, International levels of government. Air Transport Association (ATA) of Section, Transport Standards Branch, FAA, For the reasons discussed above, I America Code 32, Landing gear. has the authority to approve AMOCs for this AD, if requested using the procedures found certify that this AD: (e) Reason (1) Is not a ‘‘significant regulatory in 14 CFR 39.19. In accordance with 14 CFR This AD was prompted by service 39.19, send your request to your principal action’’ under Executive Order 12866, experience showing that debris from the inspector or local Flight Standards District (2) Is not a ‘‘significant rule’’ under parking brake shut off valve (PBSOV) could Office, as appropriate. If sending information the DOT Regulatory Policies and create a partial blockage of the restrictor directly to the International Section, send it Procedures (44 FR 11034, February 26, check valve in the hydraulic return line of to the attention of the person identified in 1979), the PBSOV. We are issuing this AD to paragraph (l)(2) of this AD. Information may

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be emailed to: 9-ANM-116-AMOC- DEPARTMENT OF TRANSPORTATION Examining the AD Docket [email protected]. Before using any You may examine the AD docket on approved AMOC, notify your appropriate Federal Aviation Administration principal inspector, or lacking a principal the internet at http:// www.regulations.gov by searching for inspector, the manager of the local flight 14 CFR Part 39 standards district office/certificate holding and locating Docket No. FAA–2018– district office. [Docket No. FAA–2018–0797; Product 0797; or in person at Docket Operations (2) Contacting the Manufacturer: For any Identifier 2018–NM–096–AD; Amendment between 9 a.m. and 5 p.m., Monday requirement in this AD to obtain corrective 39–19521; AD 2018–25–10] through Friday, except Federal holidays. actions from a manufacturer, the action must RIN 2120–AA64 The AD docket contains this final rule, be accomplished using a method approved the regulatory evaluation, any by the Manager, International Section, Transport Standards Branch, FAA, FAA; or Airworthiness Directives; Saab AB, comments received, and other the European Aviation Safety Agency Saab Aeronautics (Formerly Known as information. The address for Docket (EASA); or Fokker Services B.V.’s EASA Saab AB, Saab Aerosystems) Operations (phone: 800–647–5527) is Design Organization Approval (DOA). If Airplanes U.S. Department of Transportation, approved by the DOA, the approval must Docket Operations, M–30, West include the DOA-authorized signature. AGENCY: Federal Aviation Building Ground Floor, Room W12–140, Administration (FAA), Department of (l) Related Information 1200 New Jersey Avenue SE, Transportation (DOT). (1) Refer to Mandatory Continuing Washington, DC 20590. Airworthiness Information (MCAI) EASA ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Airworthiness Directive 2018–0077, dated Shahram Daneshmandi, Aerospace SUMMARY: We are superseding April 6, 2018, for related information. This Engineer, International Section, Airworthiness Directive (AD) 2018–11– MCAI may be found in the AD docket on the Transport Standards Branch, FAA, 2200 07, which applied to all Saab AB, Saab internet at http://www.regulations.gov by South 216th St., Des Moines, WA 98198; Aeronautics Model SAAB 2000 searching for and locating Docket No. FAA– telephone and fax 206–231–3220. 2018–0767. airplanes. AD 2018–11–07 required a (2) For more information about this AD, one-time inspection of an affected lug SUPPLEMENTARY INFORMATION: contact Tom Rodriguez, Aerospace Engineer, attaching the aileron bellcrank support Discussion International Section, Transport Standards bracket to the rear spar of the wing and We issued a notice of proposed Branch, FAA, 2200 South 216th St., Des the adjacent area of the installed Moines, WA 98198; telephone and fax 206– rulemaking (NPRM) to amend 14 CFR 231–3226. support brackets, a thickness part 39 to supersede AD 2018–11–07, measurement of the affected lug, (m) Material Incorporated by Reference Amendment 39–19295 (83 FR 24399, repetitive inspections of the affected May 29, 2018) (‘‘AD 2018–11–07’’). AD (1) The Director of the Federal Register aileron bellcrank support brackets, and approved the incorporation by reference 2018–11–07 applied to all Saab AB, corrective actions if necessary. AD Saab Aeronautics Model SAAB 2000 (IBR) of the service information listed in this 2018–11–07 also provided an optional paragraph under 5 U.S.C. 552(a) and 1 CFR airplanes. The NPRM published in the terminating action for the repetitive Federal Register on September 19, 2018 part 51. inspections. This AD retains the actions (2) You must use this service information (83 FR 47321). The NPRM was as applicable to do the actions required by of AD 2018–11–07 and requires the prompted by a determination that this AD, unless this AD specifies otherwise. terminating action for the repetitive further rulemaking is necessary to (i) Fokker Service Bulletin SBF100–32– inspections. This AD was prompted by include the requirement to replace all 163, Revision 1, dated February 21, 2018. a determination that it is necessary to affected support brackets. The NPRM (ii) [Reserved] require the terminating action. We are (3) For service information identified in proposed to continue to require one- issuing this AD to address the unsafe time inspection of the affected lug this AD, contact Fokker Services B.V., condition on these products. Technical Services Dept., P.O. Box 1357, attaching the aileron bellcrank support 2130 EL Hoofddorp, the Netherlands; DATES: This AD is effective January 14, bracket to the rear spar of the wing and telephone +31 (0)88–6280–350; fax +31 2019. the adjacent area of the installed aileron (0)88–6280–111; email technicalservices@ The Director of the Federal Register bellcrank support brackets, a thickness fokker.com; internet http:// approved the incorporation by reference measurement of the affected lug www.myfokkerfleet.com. of a certain publication listed in this AD attaching the support bracket to the rear (4) You may view this service information as of June 13, 2018 (83 FR 24399, May spar of the wing, repetitive inspections at the FAA, Transport Standards Branch, 29, 2018). 2200 South 216th St., Des Moines, WA. For of the affected aileron bellcrank support ADDRESSES: information on the availability of this For service information brackets, and corrective actions if material at the FAA, call 206–231–3195. identified in this final rule, contact Saab necessary. The NPRM also proposed to (5) You may view this service information AB, Saab Aeronautics, SE–581 88, require the replacement of all affected that is incorporated by reference at the Linko¨ping, Sweden; telephone +46 13 support brackets. We are issuing this AD National Archives and Records 18 5591; fax +46 13 18 4874; email to address the defect of the aileron Administration (NARA). For information on [email protected]; bellcrank support bracket, which, in the the availability of this material at NARA, call internet http://www.saabgroup.com. event of an aileron jam, could lead to 202–741–6030, or go to: http:// You may view this referenced service failure of the support bracket and result www.archives.gov/federal-register/cfr/ibr- information at the FAA, Transport locations.html. in reduced controllability of the Standards Branch, 2200 South 216th St., airplane. Issued in Des Moines, Washington, on Des Moines, WA. For information on the The European Aviation Safety Agency November 23, 2018. availability of this material at the FAA, (EASA), which is the Technical Agent John P. Piccola, call 206–231–3195. It is also available for the Member States of the European Acting Director, System Oversight Division, on the internet at http:// Union, has issued EASA AD 2018–0103, Aircraft Certification Service. www.regulations.gov by searching for dated April 30, 2018 (referred to after [FR Doc. 2018–26463 Filed 12–7–18; 8:45 am] and locating Docket No. FAA–2018– this as the Mandatory Continuing BILLING CODE 4910–13–P 0797. Airworthiness Information, or ‘‘the

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MCAI’’), to correct an unsafe condition editorial changes. We have determined damage (including missing paint) of the for all Saab AB, Saab Aeronautics Model that these minor changes: affected lug and the adjacent area of the SAAB 2000 airplanes. You may examine • Are consistent with the intent that installed aileron bellcrank support the MCAI in the AD docket on the was proposed in the NPRM for brackets on the left-hand and right-hand internet at http://www.regulations.gov addressing the unsafe condition; and wings; a thickness measurement of the by searching for and locating Docket No. • Do not add any additional burden affected lug attaching the support FAA–2018–0797. upon the public than was already bracket to the rear spar of the wing; and proposed in the NPRM. replacement of aileron bellcrank Comments support brackets. This service Related Service Information Under 1 We gave the public the opportunity to information is reasonably available CFR Part 51 participate in developing this final rule. because the interested parties have We received no comments on the NPRM Saab AB, Saab Aeronautics has issued access to it through their normal course or on the determination of the cost to Saab Service Bulletin 2000–27–056, of business or by the means identified the public. dated April 18, 2018. This service in the ADDRESSES section. information was incorporated by Conclusion reference in AD 2018–11–07 on June 13, Costs of Compliance We reviewed the relevant data and 2018 (83 FR 24399, May 29, 2018). This We estimate that this AD affects 8 determined that air safety and the service information describes airplanes of U.S. registry. We estimate public interest require adopting this procedures for a detailed visual the following costs to comply with this final rule as proposed, except for minor inspection for cracks, corrosion, and AD:

ESTIMATED COSTS

Cost on U.S. Labor cost Parts cost Cost per product operators

Up to 19 work-hours × $85 per hour = $1,615 ...... Up to $18,074 ...... Up to $19,689 ...... Up to $157,512.

We have received no definitive data the Director of the System Oversight PART 39—AIRWORTHINESS for the on-condition costs specified in Division. DIRECTIVES this AD. Regulatory Findings ■ 1. The authority citation for part 39 Authority for This Rulemaking We determined that this AD will not continues to read as follows: Title 49 of the United States Code have federalism implications under Authority: 49 U.S.C. 106(g), 40113, 44701. specifies the FAA’s authority to issue Executive Order 13132. This AD will § 39.13 [Amended] rules on aviation safety. Subtitle I, not have a substantial direct effect on section 106, describes the authority of the States, on the relationship between ■ 2. The FAA amends § 39.13 by the FAA Administrator. Subtitle VII: the national government and the States, removing Airworthiness Directive (AD) Aviation Programs, describes in more or on the distribution of power and 2018–11–07, Amendment 39–19295 (83 detail the scope of the Agency’s responsibilities among the various FR 24399, May 29, 2018), and adding authority. levels of government. the following new AD: We are issuing this rulemaking under 2018–25–10 Saab AB, Saab Aeronautics the authority described in Subtitle VII, For the reasons discussed above, I certify that this AD: (Formerly Known as Saab AB, Saab Part A, Subpart III, Section 44701: Aerosystems): Amendment 39–19521; ‘‘General requirements.’’ Under that 1. Is not a ‘‘significant regulatory Docket No. FAA–2018–0797; Product section, Congress charges the FAA with action’’ under Executive Order 12866; Identifier 2018–NM–096–AD. promoting safe flight of civil aircraft in 2. Is not a ‘‘significant rule’’ under the (a) Effective Date air commerce by prescribing regulations DOT Regulatory Policies and Procedures This AD is effective January 14, 2019. for practices, methods, and procedures (44 FR 11034, February 26, 1979); the Administrator finds necessary for 3. Will not affect intrastate aviation in (b) Affected ADs safety in air commerce. This regulation Alaska; and This AD replaces AD 2018–11–07, is within the scope of that authority Amendment 39–19295 (83 FR 24399, May 29, because it addresses an unsafe condition 4. Will not have a significant 2018) (‘‘AD 2018–11–07’’). economic impact, positive or negative, that is likely to exist or develop on (c) Applicability products identified in this rulemaking on a substantial number of small entities action. under the criteria of the Regulatory This AD applies to Saab AB, Saab Flexibility Act. Aeronautics (formerly known as Saab AB, This AD is issued in accordance with Saab Aerosystems) Model SAAB 2000 authority delegated by the Executive List of Subjects in 14 CFR Part 39 airplanes, certificated in any category, all Director, Aircraft Certification Service, manufacturer serial numbers. as authorized by FAA Order 8000.51C. Air transportation, Aircraft, Aviation In accordance with that order, issuance safety, Incorporation by reference, (d) Subject of ADs is normally a function of the Safety. Air Transport Association (ATA) of America Code 27, Flight controls. Compliance and Airworthiness Adoption of the Amendment Division, but during this transition (e) Reason period, the Executive Director has Accordingly, under the authority This AD was prompted by the delegated the authority to issue ADs delegated to me by the Administrator, identification of a manufacturing defect on applicable to transport category the FAA amends 14 CFR part 39 as certain aileron bellcrank support brackets airplanes and associated appliances to follows: that resulted in insufficient material

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thickness of the affected lug attaching the repetitive inspections required by this Standards Branch, FAA; or the European support bracket to the rear spar of the wing. paragraph for that bracket. Aviation Safety Agency (EASA); or Saab AB, We are issuing this AD to detect and correct (j) Retained Corrective Actions, With No Saab Aeronautics’ EASA Design Organization a defect of the aileron bellcrank support Changes Approval (DOA). If approved by the DOA, bracket, which, in the event of an aileron the approval must include the DOA- This paragraph restates the requirements of jam, could lead to failure of the support authorized signature. bracket and result in reduced controllability paragraph (j) of AD 2018–11–07, with no of the airplane. changes. If, during any inspection required (n) Related Information by paragraph (h) or (i) of this AD, any crack, (f) Compliance corrosion, or damage (including missing (1) Refer to Mandatory Continuing Comply with this AD within the paint) is found, before further flight, obtain Airworthiness Information (MCAI) EASA compliance times specified, unless already corrective actions instructions approved by Airworthiness Directive 2018–0103, dated done. the Manager, International Section, Transport April 30, 2018, for related information. This Standards Branch, FAA; or the European MCAI may be found in the AD docket on the (g) Retained Definitions, With No Changes Aviation Safety Agency (EASA); or Saab AB, internet at http://www.regulations.gov by (1) This paragraph restates the definition Saab Aeronautics’ EASA Design Organization searching for and locating Docket No. FAA– specified in paragraph (g)(1) of AD 2018–11– Approval (DOA). If approved by the DOA, 2018–0797. the approval must include the DOA- 07, with no changes. For the purposes of this (2) For more information about this AD, AD, affected support brackets are aileron authorized signature. Accomplish the corrective actions within the compliance contact Shahram Daneshmandi, Aerospace bellcrank support brackets, part number Engineer, International Section, Transport (P/N) 7327993–813 and P/N 7327993–814, time specified therein. If no compliance time Standards Branch, FAA, 2200 South 216th for which it has been determined that the is specified in the corrective actions St., Des Moines, WA 98198; telephone and affected lug attaching the support bracket to instructions, accomplish the corrective action the rear spar of the wing has a thickness of before further flight. fax 206–231–3220. less than 2.75 millimeters (mm) (0.108 inch (k) Retained Parts Installation Limitation, (o) Material Incorporated by Reference (in.)), as specified in Saab Service Bulletin With No Changes 2000–27–056, dated April 18, 2018. (1) The Director of the Federal Register This paragraph restates the requirements of (2) This paragraph restates the definition approved the incorporation by reference paragraph (m) of AD 2018–11–07, with no specified in paragraph (g)(2) of AD 2018–11– (IBR) of the service information listed in this changes. As of June 13, 2018 (the effective 07, with no changes. For the purposes of this paragraph under 5 U.S.C. 552(a) and 1 CFR date of AD 2018–11–07), it is allowed to AD, serviceable support brackets are aileron install on any airplane an aileron bellcrank part 51. bellcrank support brackets, P/N 7327993–813 support bracket P/N 7327993–813 or P/N (2) You must use this service information and P/N 7327993–814, for which it has been 7327993–814, provided it is a serviceable as applicable to do the actions required by determined that the affected lug attaching the support bracket. this AD, unless this AD specifies otherwise. support bracket to the rear spar of the wing (3) The following service information was has a thickness of 2.75 mm (0.108 in.) or (l) New Requirement of This AD: approved for IBR on June 13, 2018 (83 FR more, as specified in Saab Service Bulletin Replacement 2000–27–056, dated April 18, 2018. 24399, May 29, 2018). Within 6 months after the effective date of (i) Saab Service Bulletin 2000–27–056, this AD, replace each affected support (h) Retained One-Time Inspection, With No dated April 18, 2018. Changes bracket with a serviceable support bracket, in accordance with the Accomplishment (ii) [Reserved] This paragraph restates the requirements of Instructions of Saab Service Bulletin 2000– (4) For service information identified in paragraph (h) of AD 2018–11–07, with no 27–056, dated April 18, 2018. Replacing each this AD, contact Saab AB, Saab Aeronautics, changes. Within 100 flight cycles or 30 days, affected support bracket terminates the SE–581 88, Linko¨ping, Sweden; telephone whichever occurs first after June 13, 2018 inspections required by paragraph (i) of this +46 13 18 5591; fax +46 13 18 4874; email (the effective date of AD 2018–11–07), AD for that airplane. [email protected]; accomplish a detailed visual inspection for internet http://www.saabgroup.com. cracks, corrosion, and damage (including (m) Other FAA AD Provisions (5) You may view this service information missing paint) of the affected lug and the (1) Alternative Methods of Compliance at the FAA, Transport Standards Branch, adjacent area of the aileron bellcrank support (AMOCs): The Manager, International brackets installed on the left-hand (LH) and Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA. For right-hand (RH) wings, and measure the has the authority to approve AMOCs for this information on the availability of this thickness of the affected lug attaching the AD, if requested using the procedures found material at the FAA, call 206–231–3195. aileron bellcrank support bracket to the rear in 14 CFR 39.19. In accordance with 14 CFR (6) You may view this service information spar of the wing, in accordance with the 39.19, send your request to your principal that is incorporated by reference at the Accomplishment Instructions of Saab Service inspector or local Flight Standards District National Archives and Records Bulletin 2000–27–056, dated April 18, 2018. Office, as appropriate. If sending information Administration (NARA). For information on directly to the International Section, send it (i) Retained Repetitive Inspections, With No the availability of this material at NARA, call to the attention of the person identified in Changes 202–741–6030, or go to: http:// paragraph (n)(2) of this AD. Information may www.archives.gov/federal-register/cfr/ibr- This paragraph restates the requirements of be emailed to: 9-ANM-116-AMOC- paragraph (i) of AD 2018–11–07, with no [email protected]. locations.html. changes. If, during the measurement required (i) Before using any approved AMOC, Issued in Des Moines, Washington, on by paragraph (h) of this AD, it is determined notify your appropriate principal inspector, November 29, 2018. that the affected lug attaching the aileron or lacking a principal inspector, the manager bellcrank support bracket to the rear spar of of the local flight standards district office/ James Cashdollar, the wing has a thickness of less than 2.75 mm certificate holding district office. Acting Director, System Oversight Division, (0.108 in.), at intervals not to exceed 100 (ii) AMOCs approved previously for AD Aircraft Certification Service. flight cycles, accomplish a detailed visual 2018–11–07, are approved as AMOCs for the [FR Doc. 2018–26530 Filed 12–7–18; 8:45 am] inspection for cracks, corrosion, and damage corresponding provisions of this AD. (including missing paint) of that affected (2) Contacting the Manufacturer: As of the BILLING CODE 4910–13–P support bracket in accordance with the effective date of this AD, for any requirement Accomplishment Instructions of Saab Service in this AD to obtain corrective actions from Bulletin 2000–27–056, dated April 18, 2018. a manufacturer, the action must be Accomplishing the replacement specified in accomplished using a method approved by paragraph (l) of this AD terminates the the Manager, International Section, Transport

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DEPARTMENT OF TRANSPORTATION comments received, and other Multiple events of dislodged cargo information. The address for Docket compartment blow-out panels have been Federal Aviation Administration Operations (phone: 800–647–5527) is reported in-service. It was determined that U.S. Department of Transportation, these events were caused by baggage 14 CFR Part 39 impacting the cargo panel cage, or the cargo Docket Operations, M–30, West compartment liner below the cargo panel [Docket No. FAA–2018–0799; Product Building Ground Floor, Room W12–140, cage, during baggage loading and unloading Identifier 2018–NM–117–AD; Amendment 1200 New Jersey Avenue SE, on the ground, or during flight due to shifting 39–19515; AD 2018–25–04] Washington, DC 20590. luggage. Dislodged cargo compartment blow-out RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, panels create openings in the forward and aft Mechanical Systems and Admin cargo compartments. In the event of a cargo Airworthiness Directives; C Series compartment fire, these unintended openings Aircraft Limited Partnership (CSALP) Services Section, FAA, New York ACO in the forward and aft cargo compartments (Type Certificate Previously Held by Branch, 1600 Stewart Avenue, Suite would provide a path for smoke, fire, and Bombardier, Inc.) Airplanes 410, Westbury, NY 11590; telephone Halon to enter the adjacent equipment bays, 516–228–7323; fax 516 794 5531; email flight deck, and passenger cabin, which AGENCY: Federal Aviation [email protected]. could delay smoke detection in the forward Administration (FAA), Department of SUPPLEMENTARY INFORMATION: and aft cargo compartments and result in the Transportation (DOT). forward and aft cargo compartments not ACTION: Final rule. Discussion being able to maintain Halon concentration We issued a notice of proposed required for fire suppression. The cargo SUMMARY: We are adopting a new compartment fire may become uncontrollable rulemaking (NPRM) to amend 14 CFR if this condition is not corrected. airworthiness directive (AD) for certain part 39 by adding an AD that would C Series Aircraft Limited Partnership This [TCCA] AD mandates repetitive apply to certain C Series Aircraft [detailed] inspections of the affected forward (CSALP) Model BD–500–1A10 and BD– Limited Partnership (CSALP) Model and aft cargo compartment blow-out panels, 500–1A11 airplanes. This AD was BD–500–1A10 and BD–500–1A11 and reporting of inspection findings where prompted by reports of dislodged cargo airplanes. The NPRM published in the dislodged blow-out panels have been found compartment blowout panels. This AD Federal Register on September 19, 2018 [and re-installation of dislodged blow-out requires repetitive inspections for any (83 FR 47315). The NPRM was panels]. dislodged blow-out panel in the forward prompted by reports of dislodged cargo You may examine the MCAI in the and aft cargo compartments, reporting of compartment blowout panels. The the inspection findings, and AD docket on the internet at http:// NPRM proposed to require repetitive www.regulations.gov by searching for reinstallation if necessary. We are inspections for any dislodged blow-out issuing this AD to address the unsafe and locating Docket No. FAA 2018 panel in the forward and aft cargo 0799. condition on these products. compartments, reporting of the DATES: This AD is effective January 14, inspection findings, and reinstallation if Comments 2019. necessary. We gave the public the opportunity to The Director of the Federal Register We are issuing this AD to address participate in developing this final rule. approved the incorporation by reference dislodged cargo compartment blow-out We received no comments on the NPRM of certain publication listed in this AD panels, which could result in openings or on the determination of the cost to as of January 14, 2019. in the forward and aft cargo the public. ADDRESSES: For service information compartments. In the event of a cargo identified in this final rule, contact compartment fire, these unintended Change to Product Name Bombardier, Inc., 400 Coˆte Vertu Road openings in the forward and aft cargo The type certificate holder for Model West, Dorval, Que´bec H4S 1Y9, Canada; compartments would provide a path for BD–500–1A10 and BD–500–1A11 telephone 514–855–5000; fax 514–855– smoke, fire, and Halon to enter the airplanes has changed from 7401; email thd.crj@ adjacent equipment bays, flight deck, ‘‘Bombardier, Inc.,’’ to ‘‘C Series Aircraft aero.bombardier.com; internet http:// and passenger cabin, which could delay Limited Partnership (CSALP).’’ We have www.bombardier.com. You may view smoke detection in the forward and aft revised this AD accordingly. this service information at the FAA, cargo compartments and result in the Transport Standards Branch, 2200 forward and aft cargo compartments not Conclusion being able to maintain the Halon South 216th St., Des Moines, WA. For We reviewed the relevant data and concentration required for fire information on the availability of this determined that air safety and the suppression. The cargo compartment material at the FAA, call 206–231–3195. public interest require adopting this fire may become uncontrollable if this It is also available on the internet at final rule with the change described condition is not addressed, which could http://www.regulations.gov by searching previously and minor editorial changes. result in the loss of controllability of the for and locating Docket No. FAA–2018– We have determined that these minor airplane. 0799. changes: Transport Canada Civil Aviation • Examining the AD Docket (TCCA), which is the aviation authority Are consistent with the intent that You may examine the AD docket on for Canada, has issued Canadian AD was proposed in the NPRM for the internet at http:// CF–2018–15, dated June 6, 2018 addressing the unsafe condition; and www.regulations.gov by searching for (referred to after this as the Mandatory • Do not add any additional burden and locating Docket No. FAA–2018– Continuing Airworthiness Information, upon the public than was already 0799; or in person at Docket Operations or ‘‘the MCAI’’), to correct an unsafe proposed in the NPRM. between 9 a.m. and 5 p.m., Monday condition for certain C Series Aircraft We also determined that these through Friday, except Federal holidays. Limited Partnership (CSALP) Model changes will not increase the economic The AD docket contains this final rule, BD–500–1A10 and BD–500–1A11 burden on any operator or increase the the regulatory evaluation, any airplanes. The MCAI states: scope of this final rule.

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Related Service Information Under 1 dislodged blow-out panel in the forward This service information is reasonably CFR Part 51 and aft cargo compartments. available because the interested parties Bombardier has issued C Series Data have access to it through their normal Bombardier has issued C Series Data Module BD500–A–J50–10–01–00AAA– course of business or by the means Module BD500–A–J50–10–01–01AAA– 521A–A, ‘‘Decompression panels identified in the ADDRESSES section. 310B–A, ‘‘Forward and aft cargo dislodging—Return to basic Costs of Compliance compartment blow-out panels—Visual configuration,’’ Issue 002, dated May 16, check,’’ Issue 002, dated May 16, 2018. 2018. This service information describes We estimate that this affects 21 This service information describes procedures for re-installation of airplanes of U.S. registry. We estimate procedures for an inspection for any dislodged forward and aft cargo the following costs to comply with this compartment blow-out panels. AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost per Cost on U.S. Labor cost Parts cost product operators

1 work-hour × $85 per hour = $85 ...... $0 $85 $1,785

We estimate the following costs to do Independence Ave. SW, Washington, government and the States, or on the any necessary on-condition action that DC 20591, ATTN: Information distribution of power and would be required based on the results Collection Clearance Officer, AES–200. responsibilities among the various of any required actions. We have no way levels of government. Authority for This Rulemaking of determining the number of aircraft For the reasons discussed above, I that might need this on-condition Title 49 of the United States Code certify that this AD: action: specifies the FAA’s authority to issue (1) Is not a ‘‘significant regulatory rules on aviation safety. Subtitle I, action’’ under Executive Order 12866, section 106, describes the authority of ESTIMATED COSTS OF ON-CONDITION (2) Is not a ‘‘significant rule’’ under the FAA Administrator. Subtitle VII: ACTIONS the DOT Regulatory Policies and Aviation Programs, describes in more Procedures (44 FR 11034, February 26, detail the scope of the Agency’s Labor cost Parts cost Cost per 1979), product authority. We are issuing this rulemaking under (3) Will not affect intrastate aviation × 2 work-hours $85 the authority described in Subtitle VII, in Alaska, and per hour = $170 .... $0 $170 Part A, Subpart III, Section 44701: (4) Will not have a significant ‘‘General requirements.’’ Under that economic impact, positive or negative, We estimate that it would take about section, Congress charges the FAA with on a substantial number of small entities 1 work-hour per product to comply with promoting safe flight of civil aircraft in under the criteria of the Regulatory the on-condition reporting requirement air commerce by prescribing regulations Flexibility Act. in this AD. The average labor rate is $85 for practices, methods, and procedures List of Subjects in 14 CFR Part 39 per hour. Based on these figures, we the Administrator finds necessary for estimate the cost of reporting the safety in air commerce. This regulation Air transportation, Aircraft, Aviation inspection results on U.S. operators to is within the scope of that authority safety, Incorporation by reference, be $85 per product. because it addresses an unsafe condition Safety. Paperwork Reduction Act that is likely to exist or develop on Adoption of the Amendment products identified in this rulemaking A federal agency may not conduct or action. Accordingly, under the authority sponsor, and a person is not required to This AD is issued in accordance with delegated to me by the Administrator, respond to, nor shall a person be subject authority delegated by the Executive the FAA amends 14 CFR part 39 as to penalty for failure to comply with a Director, Aircraft Certification Service, follows: collection of information subject to the as authorized by FAA Order 8000.51C. requirements of the Paperwork In accordance with that order, issuance PART 39—AIRWORTHINESS Reduction Act unless that collection of of ADs is normally a function of the DIRECTIVES information displays a current valid Compliance and Airworthiness ■ OMB control number. The control Division, but during this transition 1. The authority citation for part 39 number for the collection of information period, the Executive Director has continues to read as follows: required by this AD is 2120–0056. The delegated the authority to issue ADs Authority: 49 U.S.C. 106(g), 40113, 44701. paperwork cost associated with this AD applicable to transport category § 39.13 [Amended] has been detailed in the Costs of airplanes and associated appliances to Compliance section of this document the Director of the System Oversight ■ 2. The FAA amends § 39.13 by adding and includes time for reviewing Division. the following new airworthiness instructions, as well as completing and directive (AD): reviewing the collection of information. Regulatory Findings Therefore, all reporting associated with 2018–25–04 C Series Aircraft Limited This AD will not have federalism Partnership (CSALP) (Type Certificate this AD is mandatory. Comments implications under Executive Order Previously Held by Bombardier, Inc.): concerning the accuracy of this burden 13132. This AD will not have a Amendment 39–19515; Docket No. and suggestions for reducing the burden substantial direct effect on the States, on FAA–2018–0799; Product Identifier should be directed to the FAA at 800 the relationship between the national 2018–NM–117–AD.

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(a) Effective Date (h) Reporting (TCCA); or C Series Aircraft Limited This AD is effective January 14, 2019. If any blow-out panel in the forward or aft Partnership’s (CSALP’s) TCCA Design cargo compartments is found dislodged Approval Organization (DAO). If approved by (b) Affected ADs during any inspection required by paragraph the DAO, the approval must include the None. (g) of this AD, at the applicable time DAO-authorized signature. specified in paragraph (h)(1) or (h)(2) of this (c) Applicability AD, report findings to the Bombardier (k) Related Information This AD applies to C Series Aircraft customer response center (CRC) via email: (1) Refer to Mandatory Continuing _ Limited Partnership (CSALP) (Type crc [email protected]. Airworthiness Information (MCAI) Canadian Certificate Previously Held by Bombardier, Reportable findings include the airplane AD CF–2018–15, dated June 6, 2018, for Inc.) airplanes, certificated in any category, serial number on which any dislodged blow- related information. This MCAI may be identified in paragraphs (c)(1) and (c)(2) of out panel was found, the date of inspection, found in the AD docket on the internet at this AD. and the part number and location of each (1) Model BD–500–1A10 airplanes, serial dislodged blow-out panel. http://www.regulations.gov by searching for numbers 50001 and subsequent, equipped (1) If the inspection was done on or after and locating Docket No. FAA–2018–0799. with blow-out panel part number D762213– the effective date of this AD: Submit the (2) For more information about this AD, 503, D762216–505, or D762209–503. report within 30 days after the inspection. contact Darren Gassetto, Aerospace Engineer, (2) Model BD–500–1A11 airplanes, serial (2) If the inspection was done before the Mechanical Systems and Admin Services numbers 55001 and subsequent, equipped effective date of this AD: Submit the report Section, FAA, New York ACO Branch, 1600 with blow-out panel part number D762213– within 30 days after the effective date of this Stewart Avenue, Suite 410, Westbury, NY 503, D762216–505, or D762209–503. AD. 11590; telephone 516–228–7323; fax 516 794 (d) Subject (i) Paperwork Reduction Act Burden 5531; email [email protected]. Statement Air Transport Association (ATA) of (l) Material Incorporated by Reference America Code 50, Cargo and accessory A federal agency may not conduct or (1) The Director of the Federal Register compartment. sponsor, and a person is not required to respond to, nor shall a person be subject to approved the incorporation by reference (e) Reason a penalty for failure to comply with a (IBR) of the service information listed in this This AD was prompted by reports of collection of information subject to the paragraph under 5 U.S.C. 552(a) and 1 CFR dislodged cargo compartment blow-out requirements of the Paperwork Reduction part 51. panels. We are issuing this AD to address this Act unless that collection of information (2) You must use this service information condition, which could result in openings in displays a current valid OMB Control as applicable to do the actions required by the forward and aft cargo compartments. In Number. The OMB Control Number for this this AD, unless this AD specifies otherwise. information collection is 2120–0056. Public the event of a cargo compartment fire, these (i) C Series (Bombardier) Data Module reporting for this collection of information is unintended openings in the forward and aft BD500–A–J50–10–01–00AAA–521A–A, cargo compartments would provide a path for estimated to be approximately 1 hour per ‘‘Decompression panels dislodging—Return smoke, fire, and Halon to enter the adjacent response, including the time for reviewing equipment bays, flight deck, and passenger instructions, completing and reviewing the to basic configuration,’’ Issue 002, dated May cabin, which could delay smoke detection in collection of information. All responses to 16, 2018. the forward and aft cargo compartments and this collection of information are mandatory. (ii) C Series (Bombardier) Data Module result in the forward and aft cargo Comments concerning the accuracy of this BD500–A–J50–10–01–01AAA–310B–A, compartments not being able to maintain the burden and suggestions for reducing the ‘‘Forward and aft cargo compartment blow- Halon concentration required for fire burden should be directed to the FAA at: 800 out panels—Visual check,’’ Issue 002, dated suppression. The cargo compartment fire Independence Ave. SW, Washington, DC May 16, 2018. may become uncontrollable if this condition 20591, Attn: Information Collection (3) For service information identified in Clearance Officer, AES–200. is not addressed, which could result in the this AD, contact Bombardier, Inc., 400 Coˆte loss of controllability of the airplane. (j) Other FAA AD Provisions Vertu Road West, Dorval, Que´bec H4S 1Y9, (f) Compliance The following provisions also apply to this Canada; telephone 514–855–5000; fax 514– Comply with this AD within the AD: 855–7401; email thd.crj@ compliance times specified, unless already (1) Alternative Methods of Compliance aero.bombardier.com; internet http:// done. (AMOCs): The Manager, New York ACO www.bombardier.com. Branch, FAA, has the authority to approve (4) You may view this service information (g) Repetitive Inspections of the Forward AMOCs for this AD, if requested using the at the FAA, Transport Standards Branch, and Aft Cargo Compartment Blow-Out procedures found in 14 CFR 39.19. In Panels and Re-Installation 2200 South 216th St., Des Moines, WA. For accordance with 14 CFR 39.19, send your information on the availability of this request to your principal inspector or local Within 7 days or 50 flight cycles, material at the FAA, call 206–231–3195. whichever occurs first, after the effective date Flight Standards District Office, as (5) You may view this service information of this AD, do a detailed inspection for any appropriate. If sending information directly dislodged blow-out panel in the forward and to the manager of the certification office, that is incorporated by reference at the aft cargo compartments, in accordance with send it to ATTN: Program Manager, National Archives and Records C Series (Bombardier) Data Module BD500– Continuing Operational Safety, FAA, New Administration (NARA). For information on A–J50–10–01–01AAA–310B–A, ‘‘Forward York ACO Branch, 1600 Stewart Avenue, the availability of this material at NARA, call and aft cargo compartment blow-out panels— Suite 410, Westbury, NY 11590; telephone 202–741–6030, or go to: http:// Visual check,’’ Issue 002, dated May 16, 516–228–7300; fax 516–794–5531. Before www.archives.gov/federal-register/cfr/ibr- 2018. Re-install all dislodged forward and aft using any approved AMOC, notify your locations.html. cargo compartment blow-out panels before appropriate principal inspector, or lacking a further flight, in accordance with C Series principal inspector, the manager of the local Issued in Des Moines, Washington, on (Bombardier) Data Module BD500–A–J50– flight standards district office/certificate November 23, 2018. 10–01–00AAA–521A–A, ‘‘Decompression holding district office. John P. Piccola, panels dislodging—Return to basic (2) Contacting the Manufacturer: For any Acting Director, System Oversight Division, requirement in this AD to obtain corrective configuration,’’ Issue 002, dated May 16, Aircraft Certification Service. 2018. Thereafter, at intervals not to exceed actions from a manufacturer, the action must 100 flight cycles, repeat the detailed be accomplished using a method approved [FR Doc. 2018–26473 Filed 12–7–18; 8:45 am] inspection for any dislodged blow-out panel by the Manager, New York ACO Branch, BILLING CODE 4910–13–P in the forward and aft cargo compartments. FAA; or Transport Canada Civil Aviation

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DEPARTMENT OF TRANSPORTATION The AD docket contains this final rule, special detailed inspection (SDI), (rototest), the regulatory evaluation, any of 10 fastener holes located at the FR40 lower Federal Aviation Administration comments received, and other shell panel junction on both LH and RH sides information. The address for Docket and, depending on findings, accomplishment 14 CFR Part 39 of applicable corrective action(s). Operations (phone: 800–647–5527) is After those ADs were issued, it has been [Docket No. FAA–2018–0800; Product U.S. Department of Transportation, determined that A330 Freighter aeroplanes Identifier 2018–NM–107–AD; Amendment Docket Operations, M–30, West are also affected by this potential unsafe 39–19517; AD 2018–25–06] Building Ground Floor, Room W12–140, condition. Consequently, Airbus published 1200 New Jersey Avenue SE, SB A330–53–3215 Revision 03 to expand the RIN 2120–AA64 Washington, DC 20590. Effectivity of that SB to these aeroplanes. FOR FURTHER INFORMATION CONTACT: For the reason described above, this Airworthiness Directives; Airbus SAS Vladimir Ulyanov, Aerospace Engineer, [EASA] AD requires repetitive SDI (rototest) Airplanes of 10 fastener holes located at the FR40 lower International Section, Transport shell panel junction on both LH and RH sides AGENCY: Federal Aviation Standards Branch, FAA, 2200 South and, depending on findings, accomplishment Administration (FAA), Department of 216th St., Des Moines, WA 98198; of applicable corrective action(s) [which Transportation (DOT). telephone and fax 206–231–3229. include oversizing, installing fasteners and ACTION: Final rule. SUPPLEMENTARY INFORMATION: repair; and accomplishment of applicable related investigative actions, which include a Discussion SUMMARY: We are adopting a new rototest inspection for cracking after airworthiness directive (AD) for all We issued a notice of proposed oversizing]. Airbus SAS Model A330–223F and rulemaking (NPRM) to amend 14 CFR You may examine the MCAI in the Model A330–243F airplanes. This AD part 39 by adding an AD that would AD docket on the internet at http:// was prompted by a report of cracking at apply to all Airbus SAS Model A330– www.regulations.gov by searching for fastener holes located at a certain frame 223F and Model A330–243F airplanes. and locating Docket No. FAA–2018– on the lower shell panel junction. This The NPRM published in the Federal 0800. AD requires repetitive special detailed Register on September 21, 2018 (83 FR inspections (rototest) of certain fastener 47850). The NPRM was prompted by a Comments holes located at the lower shell junction report of cracking at fastener holes We gave the public the opportunity to of a certain frame on both left-hand (LH) located at a certain frame on the lower participate in developing this final rule. and right-hand (RH) sides, and shell panel junction. The NPRM We received no comments on the NPRM applicable related investigative and proposed to require repetitive special or on the determination of the cost to corrective actions. We are issuing this detailed inspections (rototest) of certain the public. AD to address the unsafe condition on fastener holes located at the lower shell these products. junction of a certain frame on both LH Conclusion DATES: This AD is effective January 14, and RH sides, and applicable related We reviewed the relevant data and 2019. investigative and corrective actions. determined that air safety and the The Director of the Federal Register We are issuing this AD to address public interest require adopting this approved the incorporation by reference cracking at FR40 on the lower shell final rule as proposed, except for minor of a certain publication listed in this AD panel junction; such cracking could lead editorial changes. We have determined as of January 14, 2019. to reduced structural integrity of the that these minor changes: fuselage. • Are consistent with the intent that ADDRESSES: For service information The European Aviation Safety Agency was proposed in the NPRM for identified in this final rule, contact (EASA), which is the Technical Agent Airbus SAS, Airworthiness Office— addressing the unsafe condition; and for the Member States of the European • EAL, Rond-Point Emile Dewoitine No: Union, has issued EASA Airworthiness Do not add any additional burden 2, 31700 Blagnac Cedex, France; Directive 2018–0146, dated July 12, upon the public than was already telephone +33 5 61 93 36 96; fax +33 5 2018 (referred to after this as the proposed in the NPRM. 61 93 45 80; email airworthiness.A330- Mandatory Continuing Airworthiness Related Service Information Under 1 [email protected]; internet http:// Information, or ‘‘the MCAI’’), to correct CFR Part 51 www.airbus.com. You may view this an unsafe condition for all Airbus SAS service information at the FAA, Model A330–223F and Model A330– Airbus has issued Service Bulletin Transport Standards Branch, 2200 243F airplanes. The MCAI states: A330–53–3215, Revision 03, dated South 216th St., Des Moines, WA. For January 22, 2018. This service information on the availability of this During embodiment of a frame (FR) 40 web information describes procedures for repair on an A330 aeroplane, and during keel repetitive rototest inspections of certain material at the FAA, call 206–231–3195. beam replacement on an A340 aeroplane, It is also available on the internet at cracks were found on both left hand (LH) and fastener holes, and related investigative http://www.regulations.gov by searching right hand (RH) sides on internal strap, butt and corrective actions if necessary. This for and locating Docket No. FAA–2018– strap, keel beam fitting, or forward fitting service information is reasonably 0800. FR40 flange. available because the interested parties This condition, if not detected and have access to it through their normal Examining the AD Docket corrected, could affect the structural integrity course of business or by the means You may examine the AD docket on of the centre fuselage of the aeroplane. identified in the ADDRESSES section. the internet at http:// Prompted by these findings, Airbus issued SB [service bulletin] A330–53–3215, Costs of Compliance www.regulations.gov by searching for providing inspection instructions, and EASA and locating Docket No. FAA–2018– issued AD 2014–0136 and, subsequently, AD We estimate that this AD affects 5 0800; or in person at Docket Operations 2017–0063 [which corresponds to FAA AD airplanes of U.S. registry. We estimate between 9 a.m. and 5 p.m., Monday 2018–12–08, Amendment 39–19312 (83 FR the following costs to comply with this through Friday, except Federal holidays. 33821, July 18, 2018)] to require repetitive AD:

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ESTIMATED COSTS

Cost on Labor cost Parts cost Cost per product U.S. operators

Up to 42 work-hours × $85 per hour = $3,570 ...... $0 Up to $3,570 ...... Up to $17,850.

We estimate the following costs to do the relationship between the national (d) Subject any necessary on-condition actions that government and the States, or on the Air Transport Association (ATA) of would be required based on the results distribution of power and America Code 53, Fuselage. of any required actions. We have no way responsibilities among the various (e) Reason of determining the number of aircraft levels of government. This AD was prompted by a report of that might need these on-condition For the reasons discussed above, I cracking on both left-hand (LH) and right- actions: certify that this AD: hand (RH) sides on the internal strap, butt (1) Is not a ‘‘significant regulatory strap, keel beam fitting, or forward fitting ESTIMATED COSTS OF ON-CONDITION action’’ under Executive Order 12866, frame (FR) 40 flange. We are issuing this AD ACTIONS (2) Is not a ‘‘significant rule’’ under to address cracking at FR40 on the lower the DOT Regulatory Policies and shell panel junction; such cracking could lead to reduced structural integrity of the Cost per Procedures (44 FR 11034, February 26, Labor cost Parts cost product fuselage. 1979), (f) Compliance 46 work-hours × $85 (3) Will not affect intrastate aviation per hour = $3,910 $3,690 $7,600 in Alaska, and Comply with this AD within the (4) Will not have a significant compliance times specified, unless already Authority for this Rulemaking economic impact, positive or negative, done. Title 49 of the United States Code on a substantial number of small entities (g) Compliance Times for the Actions Required by Paragraph (h) of This AD specifies the FAA’s authority to issue under the criteria of the Regulatory rules on aviation safety. Subtitle I, Flexibility Act. Accomplish the actions required by section 106, describes the authority of paragraph (h) of this AD before exceeding the List of Subjects in 14 CFR Part 39 compliance time ‘‘threshold’’ defined in the FAA Administrator. Subtitle VII: Air transportation, Aircraft, Aviation paragraph 1.E., ‘‘Compliance,’’ of Airbus Aviation Programs, describes in more safety, Incorporation by reference, Service Bulletin A330–53–3215, Revision 03, detail the scope of the Agency’s Safety. dated January 22, 2018 (‘‘A330–53–3215, authority. R3’’), depending on airplane utilization and We are issuing this rulemaking under Adoption of the Amendment configuration and to be counted from the authority described in Subtitle VII, airplane first flight, and, thereafter, at Part A, Subpart III, Section 44701: Accordingly, under the authority intervals not to exceed the compliance times ‘‘General requirements.’’ Under that delegated to me by the Administrator, defined in paragraph 1.E., ‘‘Compliance,’’ of section, Congress charges the FAA with the FAA amends 14 CFR part 39 as A330–53–3215, R3, depending on airplane utilization and configuration. promoting safe flight of civil aircraft in follows: air commerce by prescribing regulations PART 39—AIRWORTHINESS (h) Repetitive Inspections and Related Investigative and Corrective Actions for practices, methods, and procedures DIRECTIVES the Administrator finds necessary for At the applicable compliance times safety in air commerce. This regulation ■ 1. The authority citation for part 39 specified in paragraph (g) of this AD: Accomplish a special detailed inspection of is within the scope of that authority continues to read as follows: because it addresses an unsafe condition the 10 fastener holes located at FR40 lower Authority: 49 U.S.C. 106(g), 40113, 44701. shell panel junction on both LH and RH that is likely to exist or develop on sides, in accordance with the products identified in this rulemaking § 39.13 [Amended] Accomplishment Instructions of A330–53– action. ■ 2. The FAA amends § 39.13 by adding 3215, R3. This AD is issued in accordance with (1) If, during any inspection required by authority delegated by the Executive the following new airworthiness the introductory text of paragraph (h) of this Director, Aircraft Certification Service, directive (AD): AD, any crack is detected, before further as authorized by FAA Order 8000.51C. 2018–25–06 Airbus SAS: Amendment 39– flight, accomplish all applicable related In accordance with that order, issuance 19517; Docket No. FAA–2018–0800; investigative and corrective actions, in of ADs is normally a function of the Product Identifier 2018–NM–107–AD. accordance with the Accomplishment Instructions of A330–53–3215, R3, except Compliance and Airworthiness (a) Effective Date where A330–53–3215, R3 specifies to contact Division, but during this transition This AD is effective January 14, 2019. Airbus for repair instructions, and specifies period, the Executive Director has that action as Required for Compliance (RC), delegated the authority to issue ADs (b) Affected ADs this AD requires repair before further flight applicable to transport category None. using a method approved by the Manager, International Section, Transport Standards airplanes and associated appliances to (c) Applicability the Director of the System Oversight Branch, FAA; or European Aviation Safety Division. This AD applies to the airplanes, Agency (EASA); or Airbus SAS’s EASA certificated in any category, identified in Design Organization Approval (DOA). If Regulatory Findings paragraphs (c)(1) and (c)(2) of this AD; all approved by the DOA, the approval must manufacturer serial numbers. include the DOA-authorized signature. This AD will not have federalism (1) Airbus SAS Model A330–223F (2) If, during any inspection required by implications under Executive Order airplanes. the introductory text of paragraph (h) of this 13132. This AD will not have a (2) Airbus SAS Model A330–243F AD, the diameter of a fastener hole is found substantial direct effect on the States, on airplanes. to be outside the tolerances of the transition

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fit as specified in A330–53–3215, R3, as (i) of this AD: If any service information DEPARTMENT OF TRANSPORTATION applicable; and A330–53–3215, R3; specifies contains procedures or tests that are to contact Airbus for repair instructions, and identified as RC, those procedures and tests Federal Aviation Administration specifies that action as ‘‘RC,’’ before further must be done to comply with this AD; any flight, repair using a method approved by the procedures or tests that are not identified as 14 CFR Part 71 Manager, International Section, Transport RC are recommended. Those procedures and Standards Branch, FAA; or EASA; or Airbus tests that are not identified as RC may be SAS’s EASA DOA. If approved by the DOA, deviated from using accepted methods in [Docket No. FAA–2018–0685; Airspace the approval must include the DOA- accordance with the operator’s maintenance Docket No. 18–AGL–19] authorized signature. or inspection program without obtaining (3) Accomplishment of corrective actions, approval of an AMOC, provided the RIN 2120–AA66 as required by paragraph (h)(1) of this AD, procedures and tests identified as RC can be does not constitute terminating action for the done and the airplane can be put back in an Amendment of Class D Airspace; repetitive inspections required by the airworthy condition. Any substitutions or Detroit, MI introductory text of paragraph (h) of this AD. changes to procedures or tests identified as (4) Accomplishment of a repair on an RC require approval of an AMOC. AGENCY: Federal Aviation airplane, as required by paragraph (h)(2) of Administration (FAA), DOT. this AD, does not constitute terminating (l) Related Information action for the repetitive inspections required (1) Refer to Mandatory Continuing ACTION: Final rule. by the introductory text of paragraph (h) of Airworthiness Information (MCAI) EASA AD this AD for that airplane, unless the method 2018–0146, dated July 12, 2018, for related SUMMARY: This action modifies Class D approved by the Manager, International information. This MCAI may be found in the airspace at Coleman A. Young Section, Transport Standards Branch, FAA; AD docket on the internet at http:// Municipal Airport (formerly Detroit City or EASA; or Airbus SAS’s EASA DOA www.regulations.gov by searching for and Airport), Detroit, MI, by changing the indicates otherwise. locating Docket No. FAA–2018–0800. airspace designation to Detroit, MI, (2) For more information about this AD, thereby removing the old airport name. (i) No Reporting Requirement contact Vladimir Ulyanov, Aerospace Although A330–53–3215, R3, specifies to Engineer, International Section, Transport The name and geographic coordinates of submit certain information to the Standards Branch, FAA, 2200 South 216th this airport are also updated to coincide manufacturer, and specifies that action as RC, St., Des Moines, WA 98198; telephone and with the FAA’s aeronautical database. this AD does not include that requirement. fax 206–231–3229. This action is necessary to keep (3) Service information identified in this (j) Credit for Previous Actions information current for the safety and AD that is not incorporated by reference is management of aircraft within the This paragraph provides credit for the available at the addresses specified in national airspace system. inspections required by the introductory text paragraphs (m)(3) and (m)(4) of this AD. of paragraph (h) of this AD and the related DATES: Effective 0901 UTC, February 28, investigative and corrective actions required (m) Material Incorporated by Reference 2019. The Director of the Federal by paragraph (h)(1) of this AD, if those (1) The Director of the Federal Register Register approves this incorporation by actions were performed before the effective approved the incorporation by reference reference action under Title 1 Code of date of this AD, using Airbus Service Bulletin (IBR) of the service information listed in this Federal Regulations part 51, subject to A330–53–3215, dated June 21, 2013; or paragraph under 5 U.S.C. 552(a) and 1 CFR the annual revision of FAA Order Revision 01, dated April 17, 2014; or part 51. Revision 02, dated November 23, 2016. 7400.11 and publication of conforming (2) You must use this service information amendments. (k) Other FAA AD Provisions as applicable to do the actions required by this AD, unless this AD specifies otherwise. ADDRESSES: FAA Order 7400.11C, The following provisions also apply to this (i) Airbus Service Bulletin A330–53–3215, Airspace Designations and Reporting AD: Revision 03, dated January 22, 2018. Points, and subsequent amendments can (1) Alternative Methods of Compliance (ii) [Reserved] be viewed online at http://www.faa.gov/ (AMOCs): The Manager, International (3) For service information identified in air_traffic/publications/. For further Section, Transport Standards Branch, FAA, this AD, contact Airbus SAS, Airworthiness has the authority to approve AMOCs for this information, you can contact the Office—EAL, Rond-Point Emile Dewoitine Airspace Policy Group, Federal Aviation AD, if requested using the procedures found No: 2, 31700 Blagnac Cedex, France; in 14 CFR 39.19. In accordance with 14 CFR telephone +33 5 61 93 36 96; fax +33 5 61 Administration, 800 Independence 39.19, send your request to your principal 93 45 80; email airworthiness.A330-A340@ Avenue SW, Washington, DC 20591; inspector or local Flight Standards District airbus.com; internet http://www.airbus.com. telephone: (202) 267–8783. The Order is Office, as appropriate. If sending information (4) You may view this service information also available for inspection at the directly to the International Section, send it at the FAA, Transport Standards Branch, National Archives and Records to the attention of the person identified in 2200 South 216th St., Des Moines, WA. For paragraph (l)(2) of this AD. Information may Administration (NARA). For information on the availability of this be emailed to: 9-ANM-116-AMOC- information on the availability of FAA material at the FAA, call 206–231–3195. [email protected]. Before using any Order 7400.11C at NARA, call (202) (5) You may view this service information approved AMOC, notify your appropriate 741–6030, or go to https:// that is incorporated by reference at the principal inspector, or lacking a principal National Archives and Records www.archives.gov/federal-register/cfr/ inspector, the manager of the local flight Administration (NARA). For information on ibr-locations.html. standards district office/certificate holding the availability of this material at NARA, call FAA Order 7400.11, Airspace district office. 202–741–6030, or go to: http:// Designations and Reporting Points, is (2) Contacting the Manufacturer: For any www.archives.gov/federal-register/cfr/ibr- requirement in this AD to obtain corrective published yearly and effective on actions from a manufacturer, the action must locations.html. September 15. be accomplished using a method approved Issued in Des Moines, Washington, on FOR FURTHER INFORMATION CONTACT: by the Manager, International Section, November 23, 2018. Jeffrey Claypool, Federal Aviation Transport Standards Branch, FAA; or EASA; John P. Piccola, Administration, Operations Support or Airbus SAS’s EASA DOA. If approved by Acting Director, System Oversight Division, Group, Central Service Center, 10101 the DOA, the approval must include the Aircraft Certification Service. DOA-authorized signature. Hillwood Parkway, Fort Worth, TX (3) Required for Compliance (RC): Except [FR Doc. 2018–26474 Filed 12–7–18; 8:45 am] 76177; telephone (817) 222–5711. as specified by paragraphs (h)(1), (h)(2), and BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION:

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Authority for This Rulemaking Municipal Airport (formerly Detroit City Authority: 49 U.S.C. 106(f), 106(g); 40103, Airport), Detroit, MI, to comply with 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, The FAA’s authority to issue rules 1959–1963 Comp., p. 389. regarding aviation safety is found in FAA Order 7400.2L, Procedures for Title 49 of the United States Code. Handling Airspace Matters. The name § 71.1 [Amended] and geographic coordinates of the Subtitle I, Section 106 describes the ■ 2. The incorporation by reference in authority of the FAA Administrator. airport are also updated to coincide with the FAA’s aeronautical database. 14 CFR 71.1 of FAA Order 7400.11C, Subtitle VII, Aviation Programs, Airspace Designations and Reporting The longitudinal geographic describes in more detail the scope of the Points, dated August 13, 2018, and coordinate for the airport is corrected to agency’s authority. This rulemaking is effective September 15, 2018, is promulgated under the authority ‘‘83°00′37″ W’’ Except for this change, amended as follows: described in Subtitle VII, Part A, this rule is the same as published in the Subpart I, Section 40103. Under that NPRM. Paragraph 5000 Class D Airspace. section, the FAA is charged with Regulatory Notices and Analyses * * * * * prescribing regulations to assign the use AGL MI D Detroit, MI [Amended] of airspace necessary to ensure the The FAA has determined that this Coleman A. Young Municipal Airport, MI safety of aircraft and the efficient use of regulation only involves an established ° ′ ″ ° ′ ″ airspace. This regulation is within the body of technical regulations for which (Lat. 42 24 34 N, long. 83 00 37 W) scope of that authority as it amends frequent and routine amendments are That airspace extending upward from the Class D airspace at Coleman A. Young necessary to keep them operationally surface to and including 3,100 feet MSL Memorial Airport, Detroit, MI. within a 4.1-mile radius of the Coleman A. current, is non-controversial and Young Municipal Airport. History unlikely to result in adverse or negative comments. It, therefore: (1) Is not a Issued in Fort Worth, Texas, on November The FAA published a notice of ‘‘significant regulatory action’’ under 26, 2018. proposed rulemaking in the Federal Executive Order 12866; (2) is not a Walter Tweedy, Register (83 FR 47580; September 20, ‘‘significant rule’’ under DOT Acting Manager, Operations Support Group, 2018) for Docket No. FAA–2018–0685 to Regulatory Policies and Procedures (44 ATO Central Service Center. amend Class D airspace at Coleman A. FR 11034; February 26, 1979); and (3) [FR Doc. 2018–26503 Filed 12–7–18; 8:45 am] Young Memorial Airport, Detroit, MI. does not warrant preparation of a BILLING CODE 4910–13–P Interested parties were invited to regulatory evaluation as the anticipated participate in this rulemaking effort by impact is so minimal. Since this is a submitting written comments on the routine matter that only affects air traffic DEPARTMENT OF TRANSPORTATION proposal to the FAA. No comments procedures and air navigation, it is Federal Aviation Administration were received. certified that this rule, when Subsequent to publication, the FAA promulgated, does not have a significant discovered that the longitudinal 14 CFR Part 71 economic impact on a substantial geographic coordinate for the airport number of small entities under the [Docket No. FAA–2018–0698; Airspace was published incorrectly. That error is criteria of the Regulatory Flexibility Act. Docket No. 18–AGL–20] corrected in this final rule. Class D airspace designations are Environmental Review RIN 2120–AA66 published in paragraph 5000 of FAA Order 7400.11C, dated August 13, 2018, The FAA has determined that this Amendment of Class D Airspace; and effective September 15, 2018, which action qualifies for categorical exclusion Pontiac, MI is incorporated by reference in 14 CFR under the National Environmental AGENCY: Federal Aviation 71.1. The Class D airspace designations Policy Act in accordance with FAA Administration (FAA), DOT. listed in this document will be Order 1050.1F, ‘‘Environmental published subsequently in the Order. Impacts: Policies and Procedures,’’ ACTION: Final rule. paragraph 5–6.5.a. This airspace action Availability and Summary of is not expected to cause any potentially SUMMARY: This action modifies Class D Documents for Incorporation by significant environmental impacts, and airspace at Oakland County Reference no extraordinary circumstances exist International Airport, Pontiac, MI, due This document amends FAA Order that warrant preparation of an to the decommissioning of the Pontiac 7400.11C, Airspace Designations and environmental assessment. VHF omnidirectional range (VOR) navigation aid, which provided Reporting Points, dated August 13, Lists of Subjects in 14 CFR Part 71 2018, and effective September 15, 2018. navigation information for the FAA Order 7400.11C is publicly Airspace, Incorporation by reference, instrument procedures at this airport, as available as listed in the ADDRESSES Navigation (air). part of the VOR Minimum Operational section of this document. FAA Order Network (MON) Program. This action Adoption of the Amendment 7400.11C lists Class A, B, C, D, and E also replaces the outdated term Airport/ airspace areas, air traffic service routes, In consideration of the foregoing, the Facility Directory with Chart and reporting points. Federal Aviation Administration Supplement. Airspace redesign is amends 14 CFR part 71 as follows: necessary for the safety and The Rule management of instrument flight rules This amendment to Title 14 Code of PART 71—DESIGNATION OF CLASS A, (IFR) operations at this airport. Federal Regulations (14 CFR) part 71 B, C, D, AND E AIRSPACE AREAS; AIR DATES: Effective 0901 UTC, February 28, modifies the Class D airspace by TRAFFIC SERVICE ROUTES; AND 2019. The Director of the Federal updating for the location in the header REPORTING POINTS Register approves this incorporation by of the airspace legal description to reference action under Title 1 Code of Detroit, MI (previously Detroit City ■ 1. The authority citation for part 71 Federal Regulations part 51, subject to Airport, MI), at Coleman A. Young continues to read as follows: the annual revision of FAA Order

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7400.11 and publication of conforming was contained within the radius of the certified that this rule, when amendments. airport and is thus not required in the promulgated, does not have a significant ADDRESSES: FAA Order 7400.11C, airspace legal description. That economic impact on a substantial Airspace Designations and Reporting extension and the Oakland County Intl: number of small entities under the Points, and subsequent amendments can RWY 09R–LOC are removed from the criteria of the Regulatory Flexibility Act. be viewed online at http://www.faa.gov/ airspace legal description in this rule. air_traffic/publications/. For further Class D airspace designations are Environmental Review published in paragraph 5000 of FAA information, you can contact the The FAA has determined that this Order 7400.11C, dated August 13, 2018, Airspace Policy Group, Federal Aviation action qualifies for categorical exclusion Administration, 800 Independence and effective September 15, 2018, which is incorporated by reference in 14 CFR under the National Environmental Avenue SW, Washington, DC 20591; Policy Act in accordance with FAA telephone: (202) 267–8783. The Order is 71.1. The Class D airspace designations Order 1050.1F, ‘‘Environmental also available for inspection at the listed in this document will be Impacts: Policies and Procedures,’’ National Archives and Records published subsequently in the Order. paragraph 5–6.5.a. This airspace action Administration (NARA). For Availability and Summary of information on the availability of FAA is not expected to cause any potentially Documents for Incorporation by significant environmental impacts, and Order 7400.11C at NARA, call (202) Reference 741–6030, or go to https:// no extraordinary circumstances exist www.archives.gov/federal-register/cfr/ This document amends FAA Order that warrant preparation of an ibr-locations.html. FAA Order 7400.11, 7400.11C, Airspace Designations and environmental assessment. Reporting Points, dated August 13, Airspace Designations and Reporting Lists of Subjects in 14 CFR Part 71 Points, is published yearly and effective 2018, and effective September 15, 2018. FAA Order 7400.11C is publicly on September 15. Airspace, Incorporation by reference, available as listed in the ADDRESSES FOR FURTHER INFORMATION CONTACT: Navigation (air). section of this document. FAA Order Jeffrey Claypool, Federal Aviation 7400.11C lists Class A, B, C, D, and E Adoption of the Amendment Administration, Operations Support airspace areas, air traffic service routes, Group, Central Service Center, 10101 and reporting points. In consideration of the foregoing, the Hillwood Parkway, Fort Worth, TX Federal Aviation Administration 76177; telephone (817) 222–5711. The Rule amends 14 CFR part 71 as follows: SUPPLEMENTARY INFORMATION: This amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 PART 71—DESIGNATION OF CLASS A, Authority for This Rulemaking modifies the Class D airspace at B, C, D, AND E AIRSPACE AREAS; AIR The FAA’s authority to issue rules Oakland County International Airport, TRAFFIC SERVICE ROUTES; AND regarding aviation safety is found in Pontiac, MI, by adding an extension 1 REPORTING POINTS Title 49 of the United States Code. mile each side of the 274° bearing from Subtitle I, Section 106 describes the the airport extending from the 4.2-mile ■ 1. The authority citation for part 71 authority of the FAA Administrator. radius to 4.4 miles west of the airport. continues to read as follows: Subtitle VII, Aviation Programs, This action also makes an editorial describes in more detail the scope of the change to the airspace legal description Authority: 49 U.S.C. 106(f), 106(g); 40103, agency’s authority. This rulemaking is replacing ‘‘Airport/Facility Directory’’ 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, promulgated under the authority with ‘‘Chart Supplement’’. 1959–1963 Comp., p. 389. described in Subtitle VII, Part A, The extension from the Oakland § 71.1 [Amended] Subpart I, Section 40103. Under that County Intl: RWY 09R–LOC and the section, the FAA is charged with Oakland County Intl: RWY 09R–LOC are ■ 2. The incorporation by reference in prescribing regulations to assign the use removed from the airspace legal 14 CFR 71.1 of FAA Order 7400.11C, of airspace necessary to ensure the description. Except for this change, this Airspace Designations and Reporting safety of aircraft and the efficient use of rule is the same as published in the Points, dated August 13, 2018, and airspace. This regulation is within the NPRM. effective September 15, 2018, is scope of that authority as it amends Regulatory Notices and Analyses amended as follows: Class D airspace at Oakland County International Airport, Pontiac, MI, to The FAA has determined that this Paragraph 5000 Class D Airspace. support IFR operations at this airport. regulation only involves an established * * * * * body of technical regulations for which History frequent and routine amendments are AGL MI D Pontiac, MI [Amended] The FAA published a notice of necessary to keep them operationally Oakland County International Airport, MI proposed rulemaking in the Federal current, is non-controversial and (Lat. 42°39′56″ N, long. 83°25′14″ W) Register (83 FR 47578; September 20, unlikely to result in adverse or negative That airspace extending upward from the 2018) for Docket No. FAA–2018–0698 to comments. It, therefore: (1) Is not a surface to and including 3,500 feet MSL amend Class D airspace at Oakland ‘‘significant regulatory action’’ under within a 4.2-mile radius of Oakland County County International Airport, Pontiac, Executive Order 12866; (2) is not a International Airport, and within 1 mile each MI. Interested parties were invited to ‘‘significant rule’’ under DOT side of the 274° bearing from the airport participate in this rulemaking effort by Regulatory Policies and Procedures (44 extending from the 4.2-mile radius to 4.4 submitting written comments on the FR 11034; February 26, 1979); and (3) miles west of the airport. This Class D proposal to the FAA. No comments does not warrant preparation of a airspace area is effective during the specific were received. regulatory evaluation as the anticipated dates and times established in advance by a Subsequent to publication, the FAA impact is so minimal. Since this is a Notice to Airmen. The effective date and time discovered that the extension from the routine matter that only affects air traffic will thereafter be continuously published in Oakland County Intl: RWY 09R–LOC procedures and air navigation, it is the Chart Supplement.

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Issued in Fort Worth, Texas, on November International Airport, Louisville, KY, to and published with the rule. In 26, 2018. support IFR operations at the airport. consideration of the need to correct the Walter Tweedy, airspace description for Louisville History Acting Manager, Operations Support Group, International Airport and to avoid ATO Central Service Center. The FAA published a final rule in the confusion on the part of pilots flying in [FR Doc. 2018–26501 Filed 12–7–18; 8:45 am] Federal Register (83 FR 45820, the vicinity of airport, the FAA finds BILLING CODE 4910–13–P September 11, 2018) for Doc. No. FAA– good cause for making this amendment 2018–0825, amending Class D airspace effective in less than 30 days in order to and Class E surface airspace at Bowman promote the safe and efficient handling DEPARTMENT OF TRANSPORTATION Field Airport, Louisville, KY, that of air traffic in the area. contained a clerical error in the airspace Federal Aviation Administration legal description. ‘E–104’ was Regulatory Notices and Analyses incorrectly placed after the geographic The FAA has determined that this 14 CFR Part 71 coordinates of Louisville International regulation only involves an established Airport, KY under the Class E surface [Docket No. FAA–2018–0825; Airspace body of technical regulations for which Docket No. 18–ASO–17] airspace. Class E airspace designation are frequent and routine amendments are RIN 2120–AA66 published in paragraph 6002, of FAA necessary to keep them operationally Order 7400.11C dated August 13, 2018, current. It, therefore: (1) Is not a Amendment of Class D and Class E and effective September 15, 2018, which ‘‘significant regulatory action’’ under Airspace; Louisville, KY is incorporated by reference in 14 CFR Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT AGENCY: Federal Aviation part 71.1. The Class E airspace designations listed in this document Regulatory Policies and Procedures (44 Administration (FAA), DOT. FR 11034; February 26, 1979); and (3) ACTION: Final rule, correction. will be published subsequently in the Order. does not warrant preparation of a regulatory evaluation as the anticipated SUMMARY: This editorial amendment Availability and Summary of impact is so minimal. Since this is a corrects the legal description published Documents for Incorporation by routine matter that only affects air traffic in the Federal Register on September Reference procedures and air navigation, it is 11, 2018, amending Class E surface area certified that this rule, when for Louisville International Airport, This document amends FAA Order promulgated, does not have a significant Louisville, KY, by removing excessive 7400.11C, Airspace Designations and economic impact on a substantial language (E–104) from the Class E Reporting Points, dated August 13, number of small entities under the surface area legal description. 2018, and effective September 15, 2018. FAA Order 7400.11C is publicly criteria of the Regulatory Flexibility Act. DATES: Effective 0901 UTC, February 28, available as listed in the ADDRESSES 2019. The Director of the Federal Environmental Review section of this document. FAA Order Register approves this incorporation by 7400.11C lists Class A, B, C, D, and E reference action under Title 1 Code of The FAA has determined that this airspace areas, air traffic service routes, Federal Regulations part 51, subject to action qualifies for categorical exclusion and reporting points. the annual revision of FAA Order under the National Environmental 7400.11 and publication of conforming The Rule Policy Act in accordance with FAA amendments. Order 1050.1F, ‘‘Environmental This action amends Title 14 Code of Impacts: Policies and Procedures,’’ FOR FURTHER INFORMATION CONTACT: John Federal Regulations (14 CFR) part 71 by paragraph 5–6.5a. This airspace action Fornito, Operations Support Group, correcting a clerical error in the is not expected to cause any potentially Eastern Service Center, Federal Aviation regulatory text of Class E airspace significant environmental impacts, and Administration, 1701 Columbia Avenue, extending upward from the surface at no extraordinary circumstances exist College Park, GA 30337; telephone (404) Louisville International Airport, that warrant preparation of an 305–6364. Louisville, KY. The text is corrected to environmental assessment. SUPPLEMENTARY INFORMATION: read, ‘(Lat. 38°10′27″ N, long. 85°44′11″ W).’ Lists of Subjects in 14 CFR Part 71 Authority for This Rulemaking Section 553(b)(3)(B) of the The FAA’s authority to issue rules Administrative Procedures Act (5 Airspace, Incorporation by reference, regarding aviation safety is found in U.S.C.) authorizes agencies to dispense Navigation (air). Title 49 of the United States Code. with notice and comment procedure Adoption of the Amendment Subtitle I, Section 106 describes the when the agency for ‘‘good cause’’ finds authority of the FAA Administrator. that these procedures are In consideration of the foregoing, the Subtitle VII, Aviation Programs, ‘‘impracticable, or contrary to the public Federal Aviation Administration describes in more detail the scope of the interest.’’ Accordingly, action is taken amends 14 CFR part 71 as follows: agency’s authority. This rulemaking is herein to remove ‘E–104’ from the promulgated under the authority geographic coordinates for Louisville PART 71—DESIGNATION OF CLASS A, described in Subtitle VII, Part A, International Airport. Therefore, in the B, C, D, AND E AIRSPACE AREAS; AIR Subpart I, Section 40103. Under that interest of flight safety, I find that notice TRAFFIC SERVICE ROUTES; AND section, the FAA is charged with and public procedure under 5 U.S.C. REPORTING POINTS prescribing regulations to assign the use 553(b) are impracticable and contrary to of airspace necessary to ensure the the public interest. Section 553(d) of the ■ 1. The authority citation for part 71 safety of aircraft and the efficient use of Administrative Procedures Act (5 continues to read as follows: airspace. This regulation is within the U.S.C.) authorizes agencies to determine Authority: 49 U.S.C. 106(f), 106(g); 40103, scope of that authority as it amends an effective date of less than 30 days 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Class E airspace at Louisville after publication for good cause found 1959–1963 Comp., p. 389.

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§ 71.1 [Amended] Drake VHF omnidirectional range (VOR) designated as a surface area, and ■ 2. The incorporation by reference in navigation aid, which provided removes Class E airspace designated as 14 CFR 71.1 of FAA Order 7400.11C, navigation information for the an extension to a Class D and Class E Airspace Designations and Reporting instrument procedures at this airport, as airspace at Drake Field, Fayetteville, Points, dated August 13, 2018, effective part of the VOR Minimum Operational AR, to support IFR operations at this September 15, 2018, is amended as Network (MON) Program. The airport. follows: geographic coordinates of the airport are History also updated to coincide with the FAA’s Paragraph 6002 Class E Airspace Areas aeronautical database. Airspace redesign The FAA published a notice of Designated as Surface Areas. is necessary to support instrument flight proposed rulemaking (NPRM) in the * * * * * rule (IFR) operations at this airport. Federal Register (83 FR 47585; ASO KY E2 Louisville, KY [Amended] DATES: Effective 0901 UTC, February 28, September 20, 2018) for Docket No. 2019. The Director of the Federal FAA–2018–0699 to amend Class D Bowman Field Airport, KY airspace and Class E airspace designated (Lat. 38°13′41″ N, long. 85°39′49″ W) Register approves this incorporation by Louisville International Airport, KY reference action under Title 1 Code of as a surface area, and remove Class E (Lat. 38°10′27″ N, long. 85°44′11″ W) Federal Regulations part 51, subject to airspace designated as an extension to a That airspace extending upward from the the annual revision of FAA Order Class D and Class E airspace at Drake surface within a 3.9-mile radius of Bowman 7400.11 and publication of conforming Field, Fayetteville, AR. Interested Field Airport, excluding that portion within amendments. parties were invited to participate in the Louisville International Airport Field this rulemaking effort by submitting ADDRESSES: FAA Order 7400.11C, Class C airspace area, and excluding that written comments on the proposal to the Airspace Designations and Reporting portion south of the 081° bearing from FAA. No comments were received. Louisville International Airport, and also Points, and subsequent amendments can Subsequent to publication, the FAA excluding that portion north of the Louisville be viewed online at http://www.faa.gov/ found a typographic error in the International Airport Class C airspace area air_traffic/publications/. For further ° ′ ″ airspace legal description for the Class and west of a line drawn from lat. 38 11 28 information, you can contact the D airspace and Class E airspace N, long. 85°42′01″ W direct thru the point Airspace Policy Group, Federal Aviation designated as a surface area in the where the 030° bearing from Louisville Administration, 800 Independence International Airport intersects the 5-mile extension from the Drake Field: RWY Avenue SW, Washington, DC 20591; 34–LOC. ‘‘Sided’’ should have been radius from Louisville International Airport telephone: (202) 267–8783. The Order is to the point of intersection with the 3.9-mile ‘‘side’’. This typographical error is also available for inspection at the radius from Bowman Field Airport. This corrected in this rule. Class E airspace area is effective during the National Archives and Records Class D and E airspace designations specific dates and times established in Administration (NARA). For are published in paragraphs 5000, 6002, advance by a Notice to Airmen. The effective information on the availability of FAA and 6004, respectively, of FAA Order date and time will thereafter be continuously Order 7400.11C at NARA, call (202) 7400.11C, dated August 13, 2018, and published in the Chart Supplement. 741–6030, or go to https:// effective September 15, 2018, which is Issued in College Park, Georgia, on www.archives.gov/federal-register/cfr/ incorporated by reference in 14 CFR November 29, 2018. ibr-locations.html. 71.1. The Class D and E airspace Ryan W. Almasy, FAA Order 7400.11, Airspace designations listed in this document Manager, Operations Support Group, Eastern Designations and Reporting Points, is will be published subsequently in the Service Center, Air Traffic Organization. published yearly and effective on Order. [FR Doc. 2018–26567 Filed 12–7–18; 8:45 am] September 15. FOR FURTHER INFORMATION CONTACT Availability and Summary of BILLING CODE 4910–13–P : Jeffrey Claypool, Federal Aviation Documents for Incorporation by Administration, Operations Support Reference DEPARTMENT OF TRANSPORTATION Group, Central Service Center, 10101 This document amends FAA Order Hillwood Parkway, Fort Worth, TX 7400.11C, Airspace Designations and Federal Aviation Administration 76177; telephone (817) 222–5711. Reporting Points, dated August 13, SUPPLEMENTARY INFORMATION: 2018, and effective September 15, 2018. 14 CFR Part 71 FAA Order 7400.11C is publicly Authority for This Rulemaking [Docket No. FAA–2018–0699; Airspace available as listed in the ADDRESSES Docket No. 18–ASW–11] The FAA’s authority to issue rules section of this document. FAA Order regarding aviation safety is found in 7400.11C lists Class A, B, C, D, and E RIN 2120–AA66 Title 49 of the United States Code. airspace areas, air traffic service routes, Subtitle I, Section 106 describes the and reporting points. Amendment of Class D and E Airspace authority of the FAA Administrator. and Revocation of Class E Airspace; Subtitle VII, Aviation Programs, The Rule Fayetteville, AR describes in more detail the scope of the This rule amends Title 14 Code of AGENCY: Federal Aviation agency’s authority. This rulemaking is Federal Regulations (14 CFR) part 71 by: Administration (FAA), DOT. promulgated under the authority Amending the Class D airspace at Drake ACTION: Final rule. described in Subtitle VII, Part A, Field, Fayetteville, AR, to within a 4- Subpart I, Section 40103. Under that mile radius (decreased from a 4.1-mile SUMMARY: This action modifies Class D section, the FAA is charged with radius); and adding an extension 1.1 airspace and Class E airspace designated prescribing regulations to assign the use miles each side of the 181° bearing from as a surface area, and removes Class E of airspace necessary to ensure the the airport from the 4-mile radius to 5.9 airspace designated as an extension to a safety of aircraft and the efficient use of miles north of the airport, and adding an Class D and Class E airspace at Drake airspace. This regulation is within the extension 1 mile each side of the 172° Field, Fayetteville, AR. This action is scope of that authority as it modifies bearing from the Drake Field: RWY 34– due to the decommissioning of the Class D airspace and Class E airspace LOC from the 4-mile radius to 4.9 miles

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south of the Drake Field: RWY 34–LOC; unlikely to result in adverse or negative within a 4-mile radius of Drake Field, and and adding an extension 1 mile each comments. It, therefore: (1) Is not a within 1.1 miles each side of the 181° bearing side of the 347° bearing from the airport ‘‘significant regulatory action’’ under from the airport from the 4-mile radius to 5.9 from the 4-mile radius to 4.9 miles north miles south of the airport, and within 1 mile Executive Order 12866; (2) is not a each side of the 172° bearing from the Drake the airport. The city associated with the ‘‘significant rule’’ under DOT Field: RWY 34–LOC from the 4-mile radius airport is removed from the airspace Regulatory Policies and Procedures (44 to 4.9 miles south of the Drake Field: RWY legal description to comply with a FR 11034; February 26, 1979); and (3) 34–LOC, and within 1 mile each side of the change to FAA Order 7400.2L, does not warrant preparation of a 347° bearing from the airport from the 4-mile Procedures for Handling Airspace regulatory evaluation as the anticipated radius to 4.9 miles north of the airport. This Matters, and the outdated term impact is so minimal. Since this is a Class D airspace area is effective during the ‘‘Airport/Facility Directory’’ is updated routine matter that only affects air traffic specific dates and times established in to ‘‘Chart Supplement.’’ Additionally, advance by a Notice to Airmen. The effective procedures and air navigation, it is date and time will thereafter be continuously the geographic coordinates of the airport certified that this rule, when published in the Chart Supplement. are updated to coincide with the FAA’s promulgated, does not have a significant aeronautical database. economic impact on a substantial Paragraph 6002 Class E Airspace Areas Amending the Class E airspace number of small entities under the Designated as Surface Areas. designated as a surface area at Drake criteria of the Regulatory Flexibility Act. * * * * * Field to within a 4-mile radius ASW AR E2 Fayetteville, AR [Amended] (decreased from a 4.1-mile radius); and Environmental Review extending the airspace up to and Drake Field, AR The FAA has determined that this (Lat. 36°00′18″ N, long. 94°10′12″ W) including 3,800 feet MSL; and adding action qualifies for categorical exclusion Drake Field: RWY 34–LOC an extension 1.1 miles each side of the under the National Environmental ° ′ ″ ° ′ ″ ° (Lat. 36 00 26 N, long. 94 10 10 W) 181 bearing from the airport from the Policy Act in accordance with FAA That airspace extending upward from the 4-mile radius to 5.9 miles south of the Order 1050.1F, ‘‘Environmental surface to and including 3,800 feet MSL airport, and adding an extension 1 mile Impacts: Policies and Procedures,’’ within a 4-mile radius of Drake Field, and each side of the 172° bearing from the paragraph 5–6.5.a. This airspace action within 1.1 miles each side of the 181° bearing Drake Field: RWY 34–LOC from the 4- is not expected to cause any potentially from the airport from the 4-mile radius to 5.9 mile radius to 4.9 miles south of the miles south of the airport, and within 1 mile significant environmental impacts, and ° Drake Field: RWY 34–LOC; and adding no extraordinary circumstances exist each side of the 172 bearing from the Drake Field: RWY 34–LOC from the 4-mile radius an extension 1 mile each side of the that warrant preparation of an 347° bearing from the airport from the to 4.9 miles south of the Drake Field: RWY environmental assessment. 34–LOC, and within 1 mile each side of the 4-mile radius to 4.9 miles north of the ° Lists of Subjects in 14 CFR Part 71 347 bearing from the airport from the 4-mile airport. The city associated with the radius to 4.9 miles north of the airport. This airport is removed from the airspace Airspace, Incorporation by reference, Class E airspace area is effective during the legal description to comply with a Navigation (air). specific dates and times established in change to FAA Order 7400.2L, and the advance by a Notice to Airmen. The effective outdated term ‘‘Airport/Facility Adoption of the Amendment date and time will thereafter be continuously Directory’’ is updated to ‘‘Chart In consideration of the foregoing, the published in the Chart Supplement. Supplement.’’ Additionally, the Federal Aviation Administration Paragraph 6004 Class E Airspace geographic coordinates of the airport are amends 14 CFR part 71 as follows: Designated as an Extension of Class D and updated to coincide with the FAA’s Class E Surface Areas. aeronautical database. PART 71—DESIGNATION OF CLASS A, * * * * * And removing the Class E airspace B, C, D, AND E AIRSPACE AREAS; AIR designated as an extension to Class D TRAFFIC SERVICE ROUTES; AND ASW OK E4 Fayetteville, AR [Removed] and Class E at Drake Field as it is no REPORTING POINTS Issued in Fort Worth, Texas, on November longer required. 26, 2018. ■ 1. The authority citation for part 71 The typographical error in the Walter Tweedy, continues to read as follows: airspace legal description for the Class Acting Manager, Operations Support Group, D airspace and Class E airspace Authority: 49 U.S.C. 106(f), 106(g); 40103, ATO Central Service Center. designated as a surface area in the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, [FR Doc. 2018–26498 Filed 12–7–18; 8:45 am] 1959–1963 Comp., p. 389. extension from the Drake Field: RWY BILLING CODE 4910–13–P 34–LOC changing ‘‘sided’’ to ‘‘side’’ is § 71.1 [Amended] corrected in this rule. Except for this ■ change, this rule is the same as 2. The incorporation by reference in DEPARTMENT OF TRANSPORTATION published in the NPRM. 14 CFR 71.1 of FAA Order 7400.11B, This action as the result of an airspace Airspace Designations and Reporting Federal Aviation Administration review caused by the decommissioning Points, dated August 3, 2017, and of the Drake VOR, which provided effective September 15, 2017, is 14 CFR Part 71 navigation information for the amended as follows: [Docket No. FAA–2018–0194; Airspace instrument procedures at this airport, as Paragraph 5000 Class D Airspace. Docket No. 18–AGL–6] part of the VOR MON Program. * * * * * RIN 2120–AA66 Regulatory Notices and Analyses ASW AR D Fayetteville, AR [Amended] Amendment of Class E Airspace; The FAA has determined that this Drake Field, AR regulation only involves an established (Lat. 36°00′18″ N, long. 94°10′12″ W) Madison, MN body of technical regulations for which Drake Field: RWY 34–LOC AGENCY: Federal Aviation ° ′ ″ ° ′ ″ frequent and routine amendments are (Lat. 36 00 26 N, long. 94 10 10 W) Administration (FAA), DOT. necessary to keep them operationally That airspace extending upward from the ACTION: Final rule. current, is non-controversial and surface to and including 3,800 feet MSL

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SUMMARY: This action modifies Class E described in Subtitle VII, Part A, Madison-Lac Qui Parle Airport, to Lac airspace extending up to 700 feet above Subpart I, Section 40103. Under that Qui Parle County Airport, Madison, the surface at Lac Qui Parle County section, the FAA is charged with MN. Airport (formerly Madison-Lac Qui prescribing regulations to assign the use Regulatory Notices and Analyses Parle Airport), Madison, MN, to of airspace necessary to ensure the accommodate new standard instrument safety of aircraft and the efficient use of The FAA has determined that this approach procedures for instrument airspace. This regulation is within the regulation only involves an established flight rules (IFR) operations at the scope of that authority as it would body of technical regulations for which airport. The FAA is taking this action amend controlled airspace in Class E frequent and routine amendments are due to the decommissioning of the airspace, at Lac Qui Parle County necessary to keep them operationally Madison non-directional radio beacon Airport, Madison, MN, to support current, is non-controversial and (NDB) and cancellation of the associated instrument flight rules (IFR) operations unlikely to result in adverse or negative approach. This enhances the safety and at the airport. comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under management of IFR operations at the History airport. Also, an editorial change has Executive Order 12866; (2) is not a been made removing the city from the The FAA published a notice of ‘‘significant rule’’ under DOT airport name. The airport name is proposed rulemaking in the Federal Regulatory Policies and Procedures (44 updated from Madison-Lac Qui Parle Register (83 FR 44248; August 30, 2018) FR 11034; February 26, 1979); and (3) Airport, to Lac Qui Parle County for Docket No. FAA–2018–0194 to does not warrant preparation of a Airport, Madison, MN. amend Class E airspace extending regulatory evaluation as the anticipated impact is so minimal. Since this is a DATES: Effective 0901 UTC, April 25, upward from 700 feet above the surface routine matter that only affects air traffic 2019. The Director of the Federal at Lac Qui Parle County Airport, procedures and air navigation, it is Register approves this incorporation by Madison, MN. Interested parties were certified that this rule, when reference action under Title 1 Code of invited to participate in this rulemaking promulgated, does not have a significant Federal Regulations part 51, subject to effort by submitting written comments economic impact on a substantial the annual revision of FAA Order on the proposal to the FAA. No comments were received. number of small entities under the 7400.11 and publication of conforming criteria of the Regulatory Flexibility Act. amendments. Class E airspace designations are published in paragraph 6005 of FAA ADDRESSES: Environmental Review FAA Order 7400.11C, Order 7400.11C, dated August 13, 2018, Airspace Designations and Reporting and effective September 15, 2018, which The FAA has determined that this Points, and subsequent amendments can is incorporated by reference in 14 CFR action qualifies for categorical exclusion be viewed online at http://www.faa.gov/ under the National Environmental _ 71.1. The Class E airspace designations air traffic/publications/. For further listed in this document will be Policy Act in accordance with FAA information, you can contact the published subsequently in the Order. Order 1050.1F, ‘‘Environmental Airspace Policy Group, Federal Aviation Impacts: Policies and Procedures,’’ Administration, 800 Independence Availability and Summary of paragraph 5–6.5.a. This airspace action Avenue SW, Washington, DC 20591; Documents for Incorporation by is not expected to cause any potentially telephone: (202) 267–8783. The Order is Reference significant environmental impacts, and also available for inspection at the This document amends FAA Order no extraordinary circumstances exist National Archives and Records 7400.11C, Airspace Designations and that warrant preparation of an Administration (NARA). For Reporting Points, dated August 13, environmental assessment. information on the availability of FAA 2018, and effective September 15, 2018. Lists of Subjects in 14 CFR Part 71 Order 7400.11C at NARA, call (202) FAA Order 7400.11C is publicly Airspace, Incorporation by reference, 741–6030, or go to https:// available as listed in the ADDRESSES www.archives.gov/federal-register/cfr/ section of this document. FAA Order Navigation (air). ibr-locations.html. 7400.11C lists Class A, B, C, D, and E Adoption of the Amendment FAA Order 7400.11, Airspace airspace areas, air traffic service routes, In consideration of the foregoing, the Designations and Reporting Points, is and reporting points. published yearly and effective on Federal Aviation Administration September 15. The Rule amends 14 CFR part 71 as follows: FOR FURTHER INFORMATION CONTACT: This amendment to Title 14 Code of PART 71—DESIGNATION OF CLASS A, Walter Tweedy, Federal Aviation Federal Regulations (14 CFR) part 71 B, C, D, AND E AIRSPACE AREAS; AIR Administration, Operations Support modifies Class E airspace extending TRAFFIC SERVICE ROUTES; AND Group, Central Service Center, 10101 upward from 700 feet above the surface REPORTING POINTS Hillwood Parkway, Fort Worth, TX within a 6.4-mile radius (increased from 76177; telephone (817) 222–5900. a 6.3-mile radius) at Lac Qui Parle ■ 1. The authority citation for part 71 SUPPLEMENTARY INFORMATION: County Airport, Madison, MN. The continues to read as follows: segment 7.4 miles southeast of the Authority for This Rulemaking Authority: 49 U.S.C. 106(f), 106(g); 40103, airport will be removed due to the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, The FAA’s authority to issue rules decommissioning of the Madison NDB 1959–1963 Comp., p. 389. regarding aviation safety is found in and cancellation of the associated Title 49 of the United States Code. approach. This action enhances the § 71.1 [Amended] Subtitle I, Section 106 describes the safety and management of the standard ■ 2. The incorporation by reference in authority of the FAA Administrator. instrument approach procedures for IFR 14 CFR 71.1 of FAA Order 7400.11C, Subtitle VII, Aviation Programs, operations at the airport. Airspace Designations and Reporting describes in more detail the scope of the Also, an editorial change has been Points, dated August 13, 2018, and agency’s authority. This rulemaking is made removing the city from the airport effective September 15, 2018, is promulgated under the authority name. The airport name is updated from amended as follows:

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Paragraph 6005 Class E Airspace Areas also available for inspection at the Availability and Summary of Extending Upward From 700 Feet or More National Archives and Records Documents for Incorporation by Above the Surface of the Earth. Administration (NARA). For Reference * * * * * information on the availability of FAA This document amends FAA Order AGL MN E5 Madison, MN [Amended] Order 7400.11C at NARA, call (202) 7400.11C, Airspace Designations and Lac Qui Parle Airport, MN 741–6030, or go to https:// Reporting Points, dated August 13, (Lat. 44°59′11″ N, long. 96°10′40″ W) www.archives.gov/federal-register/cfr/ 2018, and effective September 15, 2018. That airspace extending upward from 700 ibr-locations.html. FAA Order 7400.11C is publicly feet above the surface within a 6.4-mile FAA Order 7400.11, Airspace available as listed in the ADDRESSES radius of the Madison-Lac Qui Parle Airport, Designations and Reporting Points, is section of this document. FAA Order MN. published yearly and effective on 7400.11C lists Class A, B, C, D, and E Issued in Fort Worth, Texas, on November September 15. airspace areas, air traffic service routes, 29, 2018. and reporting points. FOR FURTHER INFORMATION CONTACT: Anthony Schneider, The Rule Manager, Operations Support Group, ATO Jeffrey Claypool, Federal Aviation Central Service Center. Administration, Operations Support This amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 [FR Doc. 2018–26565 Filed 12–7–18; 8:45 am] Group, Central Service Center, 10101 modifies the Class E airspace extending BILLING CODE 4910–13–P Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. upward from 700 feet above the surface at Cabool Memorial Airport, Cabool, SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION MO, by removing the Maples VORTAC Authority for This Rulemaking and associated extension northeast of Federal Aviation Administration the airport. This action also updates the The FAA’s authority to issue rules geographic coordinates of the airport to 14 CFR Part 71 regarding aviation safety is found in coincide with the FAA’s aeronautical Title 49 of the United States Code. database. [Docket No. FAA–2018–0682; Airspace This action is necessary due to an Docket No. 18–ACE–5] Subtitle I, Section 106 describes the authority of the FAA Administrator. airspace review caused by the RIN 2120–AA66 Subtitle VII, Aviation Programs, decommissioning of the Maples VOR, describes in more detail the scope of the which provided navigation information Amendment of Class E Airspace; agency’s authority. This rulemaking is to the instrument procedures at this Cabool, MO promulgated under the authority airport, as part of the VOR MON Program. AGENCY: Federal Aviation described in Subtitle VII, Part A, Administration (FAA), DOT. Subpart I, Section 40103. Under that Regulatory Notices and Analyses ACTION: Final rule. section, the FAA is charged with The FAA has determined that this prescribing regulations to assign the use regulation only involves an established SUMMARY: This action modifies Class E of airspace necessary to ensure the airspace extending upward from 700 body of technical regulations for which safety of aircraft and the efficient use of frequent and routine amendments are feet above the surface at Cabool airspace. This regulation is within the Memorial Airport, Cabool, MO, due to necessary to keep them operationally scope of that authority as it amends current, is non-controversial and the decommissioning of the Maples Class E airspace extending upward from VHF omnidirectional range (VOR) unlikely to result in adverse or negative 700 feet above the surface at Cabool comments. It, therefore: (1) Is not a navigation aid, which provided Memorial Airport, Cabool, MO, to ‘‘significant regulatory action’’ under navigation information for the support instrument flight rules Executive Order 12866; (2) is not a instrument procedures at this airport, as operations at this airport. ‘‘significant rule’’ under DOT part of the VOR Minimum Operational Regulatory Policies and Procedures (44 Network (MON) Program. The History FR 11034; February 26, 1979); and (3) geographic coordinates of this airport does not warrant preparation of a are also updated to coincide with the The FAA published a notice of regulatory evaluation as the anticipated FAA’s aeronautical database. proposed rulemaking in the Federal Register (83 FR 47583; September 20, impact is so minimal. Since this is a DATES: Effective 0901 UTC, February 28, routine matter that only affects air traffic 2019. The Director of the Federal 2018) for Docket No. FAA–2018–0682 to amend Class E airspace extending procedures and air navigation, it is Register approves this incorporation by certified that this rule, when reference action under Title 1 Code of upward from 700 feet above the surface at Cabool Memorial Airport, Cabool, promulgated, does not have a significant Federal Regulations part 51, subject to economic impact on a substantial the annual revision of FAA Order MO. Interested parties were invited to participate in this rulemaking effort by number of small entities under the 7400.11 and publication of conforming criteria of the Regulatory Flexibility Act. amendments. submitting written comments on the ADDRESSES: FAA Order 7400.11C, proposal to the FAA. No comments Environmental Review Airspace Designations and Reporting were received. The FAA has determined that this Points, and subsequent amendments can Class E airspace designations are action qualifies for categorical exclusion be viewed online at http://www.faa.gov/ published in paragraph 6005 of FAA under the National Environmental air_traffic/publications/. For further Order 7400.11C, dated August 13, 2018, Policy Act in accordance with FAA information, you can contact the and effective September 15, 2018, which Order 1050.1F, ‘‘Environmental Airspace Policy Group, Federal Aviation is incorporated by reference in 14 CFR Impacts: Policies and Procedures,’’ Administration, 800 Independence 71.1. The Class E airspace designations paragraph 5–6.5.a. This airspace action Avenue SW, Washington, DC 20591; listed in this document will be is not expected to cause any potentially telephone: (202) 267–8783. The Order is published subsequently in the Order. significant environmental impacts, and

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no extraordinary circumstances exist SUMMARY: This action extends the assigning, maintaining, and enhancing that warrant preparation of an prohibition against certain flight safety and security as the highest environmental assessment. operations in the Damascus Flight priorities in air commerce. Section Information Region (FIR) (OSTT) by all: 40105(b)(1)(A) requires the Lists of Subjects in 14 CFR Part 71 U.S. air carriers; U.S. commercial Administrator to exercise his authority Airspace, Incorporation by reference, operators; persons exercising the consistently with the obligations of the Navigation (air). privileges of an airman certificate issued U.S. Government under international Adoption of the Amendment by the FAA, except when such persons agreements. are operating U.S.-registered aircraft for This rulemaking is promulgated In consideration of the foregoing, the a foreign air carrier; and operators of under the authority described in title 49, Federal Aviation Administration U.S.-registered civil aircraft, except U.S. Code, Subtitle VII, Part A, subpart amends 14 CFR part 71 as follows: where the operator of such aircraft is a III, section 44701, General requirements. foreign air carrier. The FAA finds this Under that section, the FAA is charged PART 71—DESIGNATION OF CLASS A, action to be necessary to address a broadly with promoting safe flight of B, C, D, AND E AIRSPACE AREAS; AIR potential hazard to persons and aircraft civil aircraft in air commerce by TRAFFIC SERVICE ROUTES; AND engaged in such flight operations. This prescribing, among other things, REPORTING POINTS action also includes minor editorial regulations and minimum standards for changes to this Special Federal Aviation practices, methods, and procedures that ■ 1. The authority citation for part 71 Regulation (SFAR), consistent with the Administrator finds necessary for continues to read as follows: other recently published flight safety in air commerce and national Authority: 49 U.S.C. 106(f), 106(g); 40103, prohibition SFARs. security. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, DATES: This final rule is effective on This regulation is within the scope of 1959–1963 Comp., p. 389. December 10, 2018. FAA’s authority, because it continues to § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: prohibit the persons described in paragraph (a) of SFAR No. 114, 14 CFR ■ 2. The incorporation by reference in Michael Filippell, Air Transportation Division, Flight Standards Service, 91.1609, from conducting flight 14 CFR 71.1 of FAA Order 7400.11C, operations in the Damascus FIR (OSTT) Airspace Designations and Reporting Federal Aviation Administration, 800 Independence Avenue SW, Washington, due to the continued hazards to the Points, dated August 13, 2018, and safety of U.S. civil flight operations, as effective September 15, 2018, is DC 20591; telephone 202–267–8166; email [email protected]. described in the preamble to this final amended as follows: rule. The FAA also finds that this action SUPPLEMENTARY INFORMATION: Paragraph 6005 Class E Airspace Areas is fully consistent with the obligations Extending Upward From 700 Feet or More I. Executive Summary under 49 U.S.C. 40105(b)(1)(A) to Above the Surface of the Earth. This action extends the prohibition ensure that the FAA exercises its duties * * * * * against flight operations in the consistently with the obligations of the United States under international ACE MO E5 Cabool, MO [Amended] Damascus FIR (OSTT) in SFAR No. 114 by all U.S. air carriers; U.S. commercial agreements. Cabool Memorial Airport, MO (Lat. 37°07′57″ N, long. 92°05′02″ W) operators; persons exercising the B. Good Cause for Immediate Adoption privileges of an airman certificate issued That airspace extending upward from 700 Section 553(b)(3)(B) of title 5, U.S. feet above the surface within a 6.3-mile by the FAA, except when such persons Code, authorizes agencies to dispense radius of Cabool Memorial Airport. are operating U.S.-registered aircraft for with notice and comment procedures a foreign air carrier; and operators of for rules when the agency for ‘‘good Issued in Fort Worth, Texas, on November U.S.-registered civil aircraft, except 26, 2018. cause’’ finds that those procedures are where the operator of such aircraft is a ‘‘impracticable, unnecessary, or contrary Walter Tweedy, foreign air carrier, from December 30, Acting Manager, Operations Support Group, to the public interest.’’ Section 553(d) 2018, until December 30, 2020. This also authorizes agencies to forgo the ATO Central Service Center. action also includes minor editorial [FR Doc. 2018–26502 Filed 12–7–18; 8:45 am] delay in the effective date of the final changes to SFAR No. 114, title 14 Code rule for good cause found and published BILLING CODE 4910–13–P of Federal Regulations (CFR) 91.1609, with the rule. In this instance, the FAA consistent with other recently published finds good cause to forgo notice and flight prohibition SFARs. DEPARTMENT OF TRANSPORTATION comment because notice and comment II. Legal Authority and Good Cause would be impracticable and contrary to Federal Aviation Administration the public interest. In addition, it is A. Legal Authority contrary to the public interest to delay 14 CFR Part 91 The FAA is responsible for the safety the effective date of this SFAR. of flight in the U.S. and for the safety The FAA has identified an ongoing [Docket No.: FAA–2017–0768; Amdt. No. of U.S. civil operators, U.S.-registered need to maintain the flight prohibition 91–348B] civil aircraft, and U.S.-certificated in place in the Damascus FIR (OSTT) RIN 2120–AL38 airmen throughout the world. The FAA due to the combined threat to civil Administrator’s authority to issue rules aviation from the multifaceted conflict Extension of the Prohibition Against on aviation safety is found in title 49, and extremist threat, and militant Certain Flights in the Damascus Flight United States Code (U.S. Code), Subtitle activity. These hazards are further Information Region (FIR) (OSTT) I, sections 106(f) and (g). Subtitle VII of described in the preamble to this rule. AGENCY: Federal Aviation title 49, Aviation Programs, describes in To the extent that the rule is based upon Administration (FAA), Department of more detail the scope of the agency’s classified information, such information Transportation (DOT). authority. Section 40101(d)(1) provides is not permitted to be shared with the that the Administrator shall consider in general public. Also, threats to U.S. civil ACTION: Final rule. the public interest, among other matters, aviation and intelligence regarding these

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threats can be fluid. As a result, the Damascus FIR (OSTT). Anti-regime V. Approval Process Based on a agency’s original proposal could become forces, extremists, and militants have Request From a Department, Agency, or unsuitable for minimizing the hazards successfully shot down multiple Instrumentality of the United States to U.S. civil aviation in the affected military aircraft using man portable air Government airspace during or after the notice and defense systems (MANPADS) during the A. Approval Process Based on an comment process. For these reasons, the conflict. Additionally, various elements Authorization Request From a FAA finds good cause to forgo notice have successfully targeted military Department, Agency, or Instrumentality and comment and any delay in the aircraft using advanced anti-tank guided of the United States Government effective date for this rule. missiles (ATGM). ATGMs primarily In some instances, U.S. government III. Background pose a risk to civil aircraft operating near, or parked at, an airport. Various departments, agencies, or On August 29, 2017, the FAA reissued groups employ unmanned aircraft instrumentalities may need to engage SFAR No. 114, § 91.1609, prohibiting systems (UAS) to surveil and attack U.S. civil aviation to support their certain flight operations in the Syrian and allied fielded forces and activities in the Damascus FIR (OSTT). The FAA is clarifying the approval Damascus FIR (OSTT) by all U.S. air airfields. The multifaceted conflict in process for SFAR No. 114, § 91.1609(c), carriers; U.S. commercial operators; Syria poses significant risk to civil consistent with other recently published persons exercising the privileges of an aviation operations within the flight prohibition SFARs, as previously airman certificate issued by the FAA, Damascus FIR (OSTT). except such persons operating a U.S.- indicated. If a department, agency, or registered aircraft for a foreign air Therefore, as a result of the significant instrumentality of the U.S. Government carrier; and operators of U.S.-registered continuing risk to the safety of U.S. civil determines that it has a critical need to civil aircraft, except where the operator aviation in the Damascus FIR (OSTT), engage any person described in SFAR is a foreign air carrier.1 The FAA the FAA extends the expiration date of No. 114, § 91.1609(a), including a U.S. determined that the significant threat to SFAR No. 114, § 91.1609, from air carrier or commercial operator, to U.S. civil aviation operating in the December 30, 2018, to December 30, conduct a charter to transport civilian or Damascus FIR (OSTT), identified when 2020, to maintain the prohibition on military passengers or cargo, or other the FAA first published SFAR No. 114, flight operations in the Damascus FIR operations, in the Damascus FIR § 91.1609, on December 30, 2014,2 was (OSTT) by all U.S. air carriers; U.S. (OSTT), that department, agency, or ongoing due to the presence of anti- commercial operators; persons instrumentality may request the FAA to aircraft weapons controlled by non-state exercising the privileges of an airman approve persons described in SFAR No. actors, threats made by extremist certificate issued by the FAA, except 114, § 91.1609(a), to conduct such groups, de-confliction concerns, and when such persons are operating U.S.- operations. ongoing military fighting. Flight safety registered aircraft for a foreign air An approval request must be made risks associated with de-confliction carrier; and operators of U.S.-registered directly by the requesting department, between various military forces civil aircraft, except where the operator agency, or instrumentality of the U.S. conducting operations in Syria and civil is a foreign air carrier. While the FAA’s Government to the FAA’s Associate aviation, which were identified as a flight prohibition does not apply to Administrator for Aviation Safety in a concern in the original prohibition and foreign air carriers, DOT codeshare letter signed by an appropriate senior reissuance in 2017, have continued. authorizations prohibit foreign air official of the requesting department, carriers from carrying a U.S. codeshare agency, or instrumentality. The FAA IV. Discussion of the Final Rule partner’s code on a flight segment that will not accept or consider requests for The FAA continues to assess the operates in airspace for which the FAA approval by anyone other than the situation in the Damascus FIR (OSTT) as has issued a flight prohibition. requesting department, agency, or instrumentality. In addition, the senior being hazardous for U.S. civil aviation. The FAA will continue to actively The Syrian conflict between pro-regime official signing the letter requesting monitor the situation and evaluate the FAA approval on behalf of the forces and various opposition groups extent to which U.S. civil operators and (which include extremist elements) is requesting department, agency, or airmen may be able to operate safely in instrumentality must be sufficiently extremely complex, exacerbated by the the Damascus FIR (OSTT). Amendments presence of third parties conducting positioned within the organization to to SFAR No. 114, § 91.1609, may be demonstrate that the senior leadership military operations against one or more appropriate if the risk to aviation safety elements. Syrian allies Russia and Iran of the requesting department, agency, or and security changes. The FAA may instrumentality supports the request for are also conducting military operations amend or rescind SFAR No. 114, and have deployed significant air approval and is committed to taking all § 91.1609, as necessary, prior to its necessary steps to minimize operational defense and electronic warfare expiration date. capabilities, to include GPS risks to the proposed flights. The senior interference, in the conflict zone, The FAA is also incorporating minor official must also be in a position to: (1) presenting an inadvertent risk to civil editorial changes for clarifying purposes Attest to the accuracy of all aviation operations within the in § 91.1609, including revising the title representations made to the FAA in the Damascus FIR (OSTT). Additionally, of the FIR, and clarifying the procedure request for approval and (2) ensure that violent extremist groups including for considering approval and exemption any support from the requesting U.S. Islamic State of Iraq and ash Sham (ISIS) requests. These changes are consistent Government department, agency, or and al Qaida-aligned entities possess, or with other recently published SFARs. instrumentality described in the request have access to, a wide array of anti- The FAA is also republishing the details for approval is in fact brought to bear aircraft weapons that pose a risk to civil concerning the approval and exemption and is maintained over time. Unless aviation operations within the processes in Sections V and VI of this justified by exigent circumstances, preamble so that interested persons will requests for approval must be submitted 1 82 FR 40944. Corrected at 82 FR 42592, be able to refer to this final rule for all to the FAA no less than 30 calendar September 11, 2017. relevant information regarding SFAR days before the date on which the 2 79 FR 78299. No. 114. requesting department, agency, or

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instrumentality intends to commence operators commence such operations. non-premium war risk insurance policy the proposed operations. The approval conditions discussed issued by the FAA under chapter 443 of The letter must be sent to the below apply to any such additional title 49, U.S. Code. Associate Administrator for Aviation operators. Updated lists should be sent If the FAA approves the proposed Safety, Federal Aviation to the email address to be obtained from operation(s), the FAA will issue an Administration, 800 Independence the Air Transportation Division, by OpSpec or LOA, as applicable, to the Avenue SW, Washington, DC 20591. calling (202) 267–8166. operator(s) identified in the original Electronic submissions are acceptable, If an approval request includes request authorizing them to conduct the and the requesting entity may request classified information, requestors may approved operation(s), and will notify that the FAA notify it electronically as contact Aviation Safety Inspector the department, agency, or to whether the approval request is Michael Filippell for instructions on instrumentality that requested the granted. If a requestor wishes to make submitting it to the FAA. His contact FAA’s approval of any additional an electronic submission to the FAA, information is listed in the FOR FURTHER conditions beyond those contained in the requestor should contact the Air INFORMATION CONTACT section of this the approval letter. Transportation Division, Flight final rule. VI. Information Regarding Petitions for Standards Service, at (202) 267–8166, to FAA approval of an operation under Exemption obtain the appropriate email address. A SFAR No. 114, § 91.1609, does not single letter may request approval from relieve persons subject to this SFAR of Any operations not conducted under the FAA for multiple persons covered their responsibility to comply with all an approval issued by the FAA through under SFAR No. 114, § 91.1609, and/or applicable FAA rules and regulations. the approval process set forth for multiple flight operations. To the Operators of civil aircraft must comply previously must be conducted under an extent known, the letter must identify with the conditions of their certificate, exemption from SFAR No. 114, the person(s) expected to be covered OpSpecs, and LOAs, as applicable. § 91.1609. A petition for exemption under the SFAR on whose behalf the Operators must further comply with all must comply with 14 CFR part 11 and U.S. Government department, agency, or rules and regulations of other U.S. requires exceptional circumstances instrumentality is seeking FAA Government departments or agencies beyond those contemplated by the approval, and it must describe— that may apply to the proposed approval process set forth previously. In • The proposed operation(s), operation(s), including, but not limited addition to the information required by including the nature of the mission to, regulations issued by the 14 CFR 11.81, at a minimum, the being supported; Transportation Security Administration. requestor must describe in its • The service to be provided by the submission to the FAA— person(s) covered by the SFAR; B. Approval Conditions • The proposed operation(s), • To the extent known, the specific If the FAA approves the request, the including the nature of the operation; locations in the Damascus FIR (OSTT) FAA’s Aviation Safety Organization will • The service to be provided by the where the proposed operation(s) will be send an approval letter to the requesting person(s) covered by the SFAR; • conducted, including, but not limited department, agency, or instrumentality The specific locations in the to, the flight path and altitude of the informing it that the FAA’s approval is Damascus FIR (OSTT) where the aircraft while it is operating in the subject to all of the following proposed operation(s) will be Damascus FIR (OSTT) and the airports, conditions: conducted, including, but not limited airfields and/or landing zones at which (1) The approval will stipulate those to, the flight path and altitude of the the aircraft will take-off and land; and procedures and conditions that limit, to aircraft while it is operating in the • The method by which the the greatest degree possible, the risk to Damascus FIR (OSTT) and the airports, department, agency, or instrumentality the operator, while still allowing the airfields and/or landing zones at which will provide, or how the operator will operator to achieve its operational the aircraft will take-off and land; • otherwise obtain, current threat objectives. The method by which the operator information and an explanation of how (2) Before any approval takes effect, will obtain current threat information, the operator will integrate this the operator must submit to the FAA: and an explanation of how the operator information into all phases of the (a) A written release of the U.S. will integrate this information into all proposed operations (i.e., pre-mission Government from all damages, claims, phases of its proposed operations (i.e., planning and briefing, in-flight, and and liabilities, including without the pre-mission planning and briefing, post-flight phases). limitation legal fees and expenses, in-flight, and post-flight phases); and The request for approval must also relating to any event arising out of or • The plans and procedures that the include a list of operators with whom related to the approved operations in operator will use to minimize the risks, the U.S. Government department, the Damascus FIR (OSTT); and identified in this preamble, to the agency, or instrumentality requesting (b) The operator’s written agreement proposed operations, so that granting FAA approval has a current contract(s), to indemnify the U.S. Government with the exemption would not adversely grant(s), or cooperative agreement(s) (or respect to any and all third-party affect safety or would provide a level of its prime contractor has a damages, claims, and liabilities, safety at least equal to that provided by subcontract(s)) for specific flight including without limitation legal fees this SFAR. The FAA has found operations in the Damascus FIR (OSTT). and expenses, relating to any event comprehensive, organized plans and Additional operators may be identified arising from or related to the approved procedures of this nature to be helpful to the FAA at any time after the FAA operations in the Damascus FIR (OSTT). in facilitating the agency’s safety approval is issued. However, all (3) Other conditions that the FAA evaluation of petitions for exemption additional operators must be identified may specify, including those that may from flight prohibition SFARs. to, and obtain an Operations be imposed in OpSpecs or LOAs, as Additionally, the release and Specification (OpSpec) or Letter of applicable. agreement to indemnify, as referred to Authorization (LOA), as appropriate, The release and agreement to previously, are required as a condition from the FAA for operations in the indemnify do not preclude an operator of any exemption that may be issued Damascus FIR (OSTT), before such from raising a claim under an applicable under SFAR No. 114, § 91.1609.

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The FAA recognizes that operations the private sector, by exceeding the effective date for this rule. As notice and that may be affected by SFAR No. 114, threshold identified previously. comment under 5 U.S.C. 553 are not § 91.1609, may be planned for the A. Regulatory Evaluation required in this situation, the regulatory governments of other countries with the flexibility analyses described in 5 U.S.C. support of the U.S. Government. While This rule prohibits U.S. civil flights in 603 and 604 are not required. these operations will not be permitted the entire Damascus FIR (OSTT). At the through the approval process, the FAA time of initial issuance of SFAR No. C. International Trade Impact will consider exemption requests for 114, 14 CFR 91.1609, on December 30, Assessment such operations on an expedited basis 2014, the FAA determined that and prior to any private exemption incremental costs were minimal for U.S. The Trade Agreements Act of 1979 requests. operators of large transport category (Pub. L. 96–39) prohibits Federal airplanes, because those U.S. operators agencies from establishing standards or VII. Regulatory Notices and Analyses conducting overflights in the Damascus engaging in related activities that create Changes to Federal regulations must FIR (parts 121 and 125 operators) had unnecessary obstacles to the foreign undergo several economic analyses. voluntarily ceased operating in the commerce of the United States. First, Executive Orders 12866 and 13563 Damascus FIR beginning in 2011 due to Pursuant to this Act, the establishment direct that each Federal agency shall the onset of hostilities in Syria, prior to of standards is not considered an propose or adopt a regulation only upon the FAA’s action prohibiting U.S. civil unnecessary obstacle to the foreign a reasoned determination that the operations in the Damascus FIR. The commerce of the United States, so long benefits of the intended regulation FAA also determined that the as the standard has a legitimate justify its costs. Second, the Regulatory incremental costs of SFAR No. 114 were domestic objective, such as the Flexibility Act of 1980 (Pub. L. 96–354), minimal for ‘‘on-demand’’ large carriers protection of safety, and does not as codified in 5 U.S.C. 603 et seq., (parts 121 and 121/135) and small ‘‘on- operate in a manner that excludes requires agencies to analyze the demand’’ operators (parts 135, 125, and imports that meet this objective. The economic impact of regulatory changes 91K). The FAA believed that few, if any, statute also requires consideration of on small entities. Third, the Trade of these ‘‘on-demand’’ operators were international standards and, where Agreements Act (Pub. L. 96–39), as still operating in the Damascus FIR appropriate, that they be the basis for amended, 19 U.S.C. Chapter 13, (OSTT) immediately before the FAA U.S. standards. prohibits agencies from setting issued FDC NOTAM 4/4936 due to standards that create unnecessary preexisting hostilities in Syria dating The FAA has assessed the potential obstacles to the foreign commerce of the back to 2011. effect of this final rule and determined United States. In developing U.S. As previously discussed, the FAA that its purpose is to protect the safety standards, the Trade Agreements Act continues to assess the situation in the of U.S. civil aviation from hazards to requires agencies to consider Damascus FIR (OSTT) as being their operations in the Damascus FIR international standards and, where hazardous for U.S. civil aviation due to (OSTT), a location outside the U.S. appropriate, that they be the basis of continued military operations. The FAA Therefore, the rule is in compliance U.S. standards. Fourth, the Unfunded believes there are very few, if any, U.S. with the Trade Agreements Act of 1979. Mandates Reform Act of 1995 (Pub. L. operators who would seek to operate in 104–4), as codified in 2 U.S.C. Chapter the Damascus FIR (OSTT) at this time D. Unfunded Mandates Assessment due to the hazards described in the 25, requires agencies to prepare a Title II of the Unfunded Mandates written assessment of the costs, benefits, Background section of this final rule. Reform Act of 1995 (Pub. L. 104–4) and other effects of proposed or final Therefore, the FAA finds that the requires each Federal agency to prepare rules that include a Federal mandate incremental costs of extending SFAR likely to result in the expenditure by No. 114, 14 CFR 91.1609 will be a written statement assessing the effects State, local, or tribal governments, in the minimal and are exceeded by the of any Federal mandate in a proposed or aggregate, or by the private sector, of benefits of avoided risks of deaths, final agency rule that may result in an $100 million or more annually (adjusted injuries, and property damage that expenditure of $100 million or more (in for inflation with base year of 1995). could result from a U.S. operator’s 1995 dollars) in any one year by State, This portion of the preamble aircraft being shot down (or otherwise local, and tribal governments, in the summarizes the FAA’s analysis of the damaged). aggregate, or by the private sector; such economic impacts of this final rule. a mandate is deemed to be a ‘‘significant In conducting these analyses, the FAA B. Regulatory Flexibility Act regulatory action.’’ The FAA currently has determined that this final rule has The Regulatory Flexibility Act (RFA), uses an inflation-adjusted value of benefits that justify its costs. This rule in 5 U.S.C. 603, requires an agency to $155.0 million in lieu of $100 million. is a significant regulatory action, as prepare an initial regulatory flexibility This final rule does not contain such defined in section 3(f) of Executive analysis describing impacts on small a mandate. Therefore, the requirements Order 12866, as it raises novel policy entities whenever an agency is required of Title II of the Act do not apply. issues contemplated under that by 5 U.S.C. 553, or any other law, to Executive Order. As notice and publish a general notice of proposed E. Paperwork Reduction Act comment under 5 U.S.C. 553 are not rulemaking for any proposed rule. required for this final rule, the Similarly, 5 U.S.C. 604 requires an The Paperwork Reduction Act of 1995 regulatory flexibility analyses described agency to prepare a final regulatory (44 U.S.C. 3507(d)) requires that the in 5 U.S.C. 603 and 604 regarding flexibility analysis when an agency FAA consider the impact of paperwork impacts on small entities are not issues a final rule under 5 U.S.C. 553, and other information collection required. This rule will not create after being required by that section or burdens imposed on the public. The unnecessary obstacles to the foreign any other law to publish a general FAA has determined that there is no commerce of the United States and will notice of proposed rulemaking. The new requirement for information not impose an unfunded mandate on FAA found good cause to forgo notice collection associated with this final State, local, or tribal governments, or on and comment and any delay in the rule.

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F. International Compatibility and likely to have a significant adverse effect comply with small entity requests for Cooperation on the supply, distribution, or use of information or advice about compliance In keeping with U.S. obligations energy. with statutes and regulations within its jurisdiction. A small entity with under the Convention on International C. Executive Order 13609, Promoting questions regarding this document may Civil Aviation, it is FAA’s policy to International Regulatory Cooperation conform to International Civil Aviation contact its local FAA official, or the Executive Order 13609, Promoting persons listed under the FOR FURTHER Organization (ICAO) Standards and International Regulatory Cooperation, Recommended Practices to the INFORMATION CONTACT heading at the (77 FR 26413, May 4, 2012) promotes beginning of the preamble. To find out maximum extent practicable. The FAA international regulatory cooperation to has determined that there are no ICAO more about SBREFA on the internet, meet shared challenges involving _ Standards and Recommended Practices visit http://www.faa.gov/regulations health, safety, labor, security, policies/rulemaking/sbre_act/. that correspond to this regulation. environmental, and other issues and to G. Environmental Analysis reduce, eliminate, or prevent List of Subjects in 14 CFR Part 91 The FAA has analyzed this action unnecessary differences in regulatory Air traffic control, Aircraft, Airmen, under Executive Order 12114, requirements. The FAA has analyzed Airports, Aviation safety, Freight, Syria. this action under the policies and Environmental Effects Abroad of Major The Amendment Federal Actions (44 FR 1957, January 4, agency responsibilities of Executive In consideration of the foregoing, the 1979), and DOT Order 5610.1C, Order 13609, and has determined that Federal Aviation Administration Paragraph 16. Executive Order 12114 this action would have no effect on amends chapter I of title 14, Code of requires the FAA to be informed of international regulatory cooperation. Federal Regulations, as follows: environmental considerations and take D. Executive Order 13771, Reducing those considerations into account when Regulation and Controlling Regulatory PART 91—GENERAL OPERATING AND making decisions on major Federal Costs FLIGHT RULES actions that could have environmental This rule is not subject to the ■ impacts anywhere beyond the borders of requirements of E.O. 13771 (82 FR 9339, 1. The authority citation for part 91 the United States. The FAA has Feb. 3, 2017) because it is issued with continues to read as follows: determined that this action is exempt respect to a national security function of Authority: 49 U.S.C. 106(f), 106(g), 106(g), pursuant to Section 2–5(a)(i) of the United States. 1155, 40101, 40103, 40105, 40113, 40120, Executive Order 12114 because it does 44101, 44111, 44701, 44704, 44709, 44711, not have the potential for a significant IX. Additional Information 44712, 44715, 44716, 44717, 44722, 46306, effect on the environment outside the 46315, 46316, 46504, 46506–46507, 47122, A. Availability of Rulemaking 47508, 47528–47531, 47534, Pub. L. 114–190, United States. Documents In accordance with FAA Order 130 Stat. 615 (49 U.S.C. 44703 note); articles 1050.1F, ‘‘Environmental Impacts: An electronic copy of a rulemaking 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11). Policies and Procedures,’’ paragraph 8– document may be obtained from the internet by— ■ 2. In § 91.1609, revise the section 6(c), FAA has prepared a memorandum • for the record stating the reason(s) for Searching the Federal Document heading and paragraphs (b), (c), (d), and this determination; this memorandum Management System (FDMS) Portal (e) to read as follows: (http://www.regulations.gov); has been placed in the docket for this • § 91.1609 Special Federal Aviation rulemaking. Visiting the FAA’s Regulations and Policies web page at http:// Regulation No. 114—Prohibition Against VIII. Executive Order Determinations www.faa.gov/regulations_policies; or Certain Flights in the Damascus Flight • Accessing the Government Information Region (FIR) (OSTT). A. Executive Order 13132, Federalism Publishing Office’s web page at http:// * * * * * The FAA has analyzed this rule under www.fdsys.gov. (b) Flight prohibition. Except as the principles and criteria of Executive Copies may also be obtained by provided in paragraphs (c) and (d) of Order 13132, Federalism. The agency sending a request (identified by this section, no person described in has determined that this action would amendment or docket number of this paragraph (a) of this section may not have a substantial direct effect on rulemaking) to the Federal Aviation conduct flight operations in the the States, or the relationship between Administration, Office of Rulemaking, Damascus Flight Information Region the Federal Government and the States, ARM–1, 800 Independence Avenue SW, (FIR) (OSTT). or on the distribution of power and Washington, DC 20591, or by calling (c) Permitted operations. This section responsibilities among the various (202) 267–9677. does not prohibit persons described in levels of government, and, therefore, Except for classified material, all paragraph (a) of this section from would not have Federalism documents the FAA considered in conducting flight operations in the implications. developing this rule, including Damascus Flight Information Region economic analyses and technical (FIR) (OSTT), provided that such flight B. Executive Order 13211, Regulations reports, may be accessed from the operations are conducted under a That Significantly Affect Energy Supply, internet through the Federal Document contract, grant, or cooperative Distribution, or Use Management System Portal referenced agreement with a department, agency, or The FAA analyzed this rule under previously. instrumentality of the U.S. government Executive Order 13211, Actions (or under a subcontract between the Concerning Regulations that B. Small Business Regulatory prime contractor of the department, Significantly Affect Energy Supply, Enforcement Fairness Act agency, or instrumentality and the Distribution, or Use (May 18, 2001). The The Small Business Regulatory person described in paragraph (a) of this agency has determined that it would not Enforcement Fairness Act of 1996 section) with the approval of the FAA, be a ‘‘significant energy action’’ under (SBREFA) (Pub. L. 104–121) (set forth as or under an exemption issued by the the executive order and would not be a note to 5 U.S.C. 601) requires FAA to FAA. The FAA will consider requests

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for approval or exemption in a timely Government Information Specialist, The third commenter objected to our manner, with the order of preference SSA, Office of Privacy and Disclosure, proposal, because, in the commenter’s being: First, for those operations in 6401 Security Boulevard, Baltimore, opinion, the proposal is against public support of U.S. government-sponsored Maryland 21235–6401, Phone: (410) policy and defeats the purpose of the activities; second, for those operations 965–0355, for information about this Privacy Act and the Freedom of in support of government-sponsored rule. For information on eligibility or Information Act (FOIA). The commenter activities of a foreign country with the filing for benefits, call our national toll- said that by making results of support of a U.S. government free number, 1–800–772–1213 or TTY investigations inaccessible, it is department, agency, or instrumentality; 1–800–325–0778, or visit our internet impossible to know whether the and third, for all other operations. site, Social Security Online, at http:// perpetrators of workplace and domestic (d) Emergency situations. In an www.socialsecurity.gov. emergency that requires immediate violence are held accountable. The decision and action for the safety of the SUPPLEMENTARY INFORMATION: commenter wrote that by denying everyone access to the information flight, the pilot in command of an Background aircraft may deviate from this section to obtained from these investigations, SSA the extent required by that emergency. On June 14, 2018, we published a places the cost and burden of Except for U.S. air carriers and Notice of Proposed Rulemaking conducting the same investigation on 1 commercial operators that are subject to (NPRM) in the Federal Register in others, especially the victims who have the requirements of 14 CFR part 119, which we proposed to add SSAvers to a special interest in knowing that the 121, 125, or 135, each person who the list of SSA systems that are exempt perpetrators of the violence are held deviates from this section must, within from specific provisions of the Privacy accountable. 10 days of the deviation, excluding Act pursuant to 5 U.S.C. 552a(k)(2). As part of our Workplace and Domestic We carefully considered this Saturdays, Sundays, and Federal comment and the objections presented. holidays, submit to the responsible Violence policy and program, SSAvers In response, we want to emphasize that Flight Standards office a complete houses information regarding alleged SSAvers contains information we report of the operations of the aircraft incidents of workplace and domestic involved in the deviation, including a violence filed by SSA employees and collect about not just alleged victims of description of the deviation and the contractors. It also provides a workplace violence, but any employees, reasons for it. centralized means for us to review and contractors, and members of the public (e) Expiration. This SFAR will remain respond to the reported allegations. who are witnesses of, involved in in effect until December 30, 2020. The This final rule adds SSAvers to the responding to, or allegedly involved in FAA may amend, rescind, or extend this list of SSA systems that are exempt from workplace and domestic violence SFAR, as necessary. specific provisions of the Privacy Act affecting our employees and contractors. Issued in Washington, DC, under the due to the investigatory nature of This highly sensitive information may authority of 49 U.S.C. 106(f) and (g), information that is maintained in this include the name and contact 40101(d)(1), 40105(b)(1)(A), and system. information of individuals involved; 44701(a)(5), on November 30, 2018. Public Comments and Discussion personal information related to alleged Daniel K. Elwell, behaviors of concern and assessing the In the NPRM, we provided a 30-day Acting Administrator. risk of violence; and our response and comment period, which ended on July recommendations to mitigate risks of [FR Doc. 2018–26680 Filed 12–7–18; 8:45 am] 16, 2018. We received four comments.2 BILLING CODE 4910–13–P violence. Due to the investigatory and We opted not to post one of these sensitive nature of the content comments because it was submitted by contained in this system, we continue to a former SSA employee and it contained believe that exempting this system of SOCIAL SECURITY ADMINISTRATION sensitive information. The remaining records from certain provisions of the comments were submitted by members 20 CFR Part 401 Privacy Act based on 5 U.S.C. 552a(k)(2) of the public. is appropriate. [Docket No. SSA–2015–0003] The first commenter indicated that he Further, we want to clarify that, under RIN 0960–AI08 or she did not understand the comment and review. While we regret that this the Privacy Act, an individual may Social Security Administration commenter did not understand the request notification of or access to a Violence Evaluation and Reporting proposal, we did not consider this record in this system, even though System comment further when determining to SSAvers is listed as an exempt system. adopt this as a final rule. We may still grant notification of and AGENCY: Social Security Administration. The second commenter agreed with access to information contained in a ACTION: Final rule. the new system of records and said it is record in an exempt system when the SUMMARY: We are issuing a final rule to imperative to have a system, like privacy of third parties would not be exempt a system of records entitled SSAvers, which will help review and compromised by such action. In Social Security Administration Violence investigate allegations of workplace or addition, an individual may still request Evaluation and Reporting System domestic violence. She said it would be these records under the FOIA, and SSA (SSAvers) from certain provisions of the convenient to make a reporting system would release the records as required by Privacy Act because this system will that is easy to access and that removes law. contain investigatory material compiled the burden of the long process of reporting an occurrence. After carefully considering the public for law enforcement purposes. comments, we are adopting this final DATES: This rule is effective January 9, 1 rule. 2019. 83 FR 27728. 2 The posted public comments are viewable at FOR FURTHER INFORMATION CONTACT: https://www.regulations.gov/docket?D=SSA-2015- Pamela J. Carcirieri, Supervisory 0003.

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Regulatory Procedures List of Subjects in 20 CFR Part 401 DATES: This rule is effective from 3:00 p.m. to 6:45 p.m. on December 8, 2018. Executive Order 12866, as Administrative practice and ADDRESSES: Supplemented by Executive Order procedure, Privacy. Documents mentioned in 13563 this preamble are part of docket USCG– Nancy A. Berryhill, 2018–1017. To view documents We consulted with the Office of Acting Commissioner of Social Security. mentioned in this preamble as being Management and Budget (OMB) and For the reasons stated in the available in the docket, go to http:// determined that this final rule does not preamble, we amend part 401 of title 20 www.regulations.gov, type the docket meet the criteria for a significant of the Code of Federal Regulations as set number in the ‘‘SEARCH’’ box and click regulatory action under Executive Order forth below: ‘‘SEARCH.’’ Click on Open Docket 12866, as supplemented by Executive Folder on the line associated with this Order 13563. Therefore, OMB did not PART 401—PRIVACY AND rulemaking. review it. DISCLOSURE OF OFFICIAL RECORDS FOR FURTHER INFORMATION CONTACT: If AND INFORMATION We also determined that this final you have questions on this rule, call or email Lieutenant Emily Rowan, U.S. rule meets the plain language ■ 1. The authority citation for part 401 requirement of Executive Order 12866. Coast Guard Sector San Francisco; continues to read as follows: telephone (415) 399–7443 or email at Executive Order 13132 (Federalism) Authority: Secs. 205, 702(a)(5), 1106, and D11-SMB-SectorSF-WaterwaySafety@ 1141 of the Social Security Act (42 U.S.C. uscg.mil. We analyzed this rule in accordance 405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C. with the principles and criteria 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; SUPPLEMENTARY INFORMATION: established by Executive Order 13132, 30 U.S.C. 923. I. Table of Abbreviations and we determined that the rule will not ■ 2. Amend § 401.85 by adding APA Administrative Procedure Act have sufficient Federalism implications paragraph (b)(2)(ii)(G) to read as follows: to warrant the preparation of a COTP U.S. Coast Guard Captain of the Port DHS Department of Homeland Security § 401.85 Exempt systems. Federalism assessment. We also FR Federal Register determined that this rule will not * * * * * COTP Captain of the Port preempt any State law or State (b) * * * NOAA National Oceanic and Atmospheric regulation or affect the States’ abilities (2) * * * Administration to discharge traditional State (ii) * * * NPRM Notice of Proposed Rulemaking governmental functions. (G) Social Security Administration PATCOM U.S. Coast Guard Patrol Violence Evaluation and Reporting Commander Executive Order 12372 System, SSA. U.S.C. United States Code (Intergovernmental Review) * * * * * II. Background Information and The regulations effectuating Executive [FR Doc. 2018–26594 Filed 12–7–18; 8:45 am] Regulatory History Order 12372 regarding BILLING CODE 4191–02–P The Coast Guard is issuing this intergovernmental consultation on temporary final rule without prior Federal programs and activities apply to notice and opportunity to comment this rule. DEPARTMENT OF HOMELAND pursuant to authority under section 4(a) SECURITY Regulatory Flexibility Act of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision Coast Guard We certify that this rule will not have authorizes an agency to issue a rule a significant economic impact on a without prior notice and opportunity to 33 CFR Part 165 substantial number of small entities comment when the agency for good because it affects individuals only. [Docket No. USCG–2018–1017] cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary Therefore, the Regulatory Flexibility RIN 1625–AA00 Act, as amended, does not require us to to the public interest.’’ Under 5 U.S.C. prepare a regulatory flexibility analysis. Safety Zone: Winter on the Waterfront 553(b)(B), the Coast Guard finds that Fireworks Display, Berkeley, CA good cause exists for not publishing a E.O. 13771 notice of proposed rulemaking (NPRM) AGENCY: Coast Guard, DHS. This rule is not subject to the with respect to this rule. Since the Coast requirements of Executive Order 13771 ACTION: Temporary final rule. Guard received notice of this event on because it is administrative in nature November 7, 2018, notice and comment SUMMARY: The Coast Guard is procedures would be impracticable in and results in no more than de minimis establishing a temporary safety zone in costs. this instance. the navigable waters of San Francisco For similar reasons as those stated Paperwork Reduction Act Bay near Berkeley Marina in support of above, under 5 U.S.C. 553(d)(3), the the Winter on the Waterfront Fireworks Coast Guard finds that good cause exists These rules do not create any new or Display on December 8, 2018. This for making this rule effective less than affect any existing collections and, safety zone is necessary to protect 30 days after publication in the Federal therefore, do not require OMB approval personnel, vessels, and the marine Register. under the Paperwork Reduction Act. environment from the dangers III. Legal Authority and Need for Rule (Catalog of Federal Domestic Assistance associated with pyrotechnics. Program Nos. 96.001, Social Security— Unauthorized persons or vessels are The Coast Guard is issuing this rule Disability Insurance; 96.002, Social prohibited from entering into, transiting under authority in 33 U.S.C. 1231. The Security—Retirement Insurance; 96.004, through, or remaining in the safety zone Captain of the Port (COTP) San Social Security—Survivors Insurance; and without permission of the Captain of the Francisco has determined that potential 96.006, Supplemental Security Income). Port of their designated representative. hazards associated with the Winter on

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the Waterfront Fireworks Display on A. Regulatory Planning and Review Under section 213(a) of the Small December 8, 2018, will be a safety Business Regulatory Enforcement concern for anyone within a 100 foot Executive Orders 12866 and 13563 Fairness Act of 1996 (Pub. L. 104–121), radius of the fireworks barge and direct agencies to assess the costs and we want to assist small entities in anyone within a 140 foot radius of the benefits of available regulatory understanding this rule. If the rule fireworks firing site. This rule is needed alternatives and, if regulation is would affect your small business, to protect spectators, vessels, and other necessary, to select regulatory organization, or governmental property from hazards associated with approaches that maximize net benefits. jurisdiction and you have questions pyrotechnics. Executive Order 13771 directs agencies concerning its provisions or options for to control regulatory costs through a IV. Discussion of the Rule compliance, please contact the person budgeting process. This rule has not listed in the FOR FURTHER INFORMATION This rule establishes a temporary been designated a ‘‘significant CONTACT section. regulatory action,’’ under Executive safety zone during the loading, staging, Small businesses may send comments Order 12866. Accordingly, this rule has and transit of the fireworks barge, until on the actions of Federal employees not been reviewed by the Office of after completion of the fireworks who enforce, or otherwise determine Management and Budget (OMB), and display. During the loading and staging compliance with, Federal regulations to pursuant to OMB guidance it is exempt of the pyrotechnics onto the fireworks the Small Business and Agriculture from the requirements of Executive barge, scheduled to take place from 3:00 Regulatory Enforcement Ombudsman Order 13771. p.m. to 4:00 p.m. on December 8, 2018, and the Regional Small Business at Berkeley Marina Ferry Dock in This regulatory action determination Regulatory Fairness Boards. The Berkeley, CA, the safety zone will is based on the limited duration and Ombudsman evaluates these actions encompass the navigable waters around narrowly tailored geographic area of the annually and rates each agency’s and under the fireworks barge within a safety zone. Although this rule restricts responsiveness to small business. If you radius of 100 feet. access to the waters encompassed by the wish to comment on actions by The fireworks barge will remain at safety zone, the effect of this rule will employees of the Coast Guard, call 1– Berkeley Marina Ferry Dock until the not be significant because the local 888–REG–FAIR (1–888–734–3247). The start of its transit to the display location. waterway users will be notified via Coast Guard will not retaliate against Towing of the barge from Berkeley public Notice to Mariners to ensure the small entities that question or complain Marina Ferry Dock to the display safety zone will result in minimum about this rule or any policy or action location is scheduled to take place from impact. The entities most likely to be of the Coast Guard. 4:30 p.m. to 5:00 p.m. on December 8, affected are waterfront facilities, 2018, where it will remain until the commercial vessels, and pleasure craft C. Collection of Information conclusion of the fireworks display. engaged in recreational activities. At 5:00 p.m. on December 8, 2018, 30 This rule will not call for a new minutes prior to the commencement of B. Impact on Small Entities collection of information under the the two 3-minute fireworks displays, Paperwork Reduction Act of 1995 (44 The Regulatory Flexibility Act of 1980 scheduled to start at 5:30 p.m. and 6:15 U.S.C. 3501–3520). (RFA), 5 U.S.C. 601–612, as amended, p.m., the safety zone will increase in requires federal agencies to consider the D. Federalism and Indian Tribal size and encompass the navigable potential impact of regulations on small Governments waters around and under the fireworks entities during rulemaking. The term barge within a radius of 140 feet in A rule has implications for federalism ‘‘small entities’’ comprises small approximate position 37°51′58″ N, under Executive Order 13132, businesses, not-for-profit organizations 122°19′11″ W (NAD 83) for the Berkeley Federalism, if it has a substantial direct that are independently owned and Winter on the Waterfront Fireworks effect on the States, on the relationship operated and are not dominant in their Display. The safety zone shall terminate between the national government and fields, and governmental jurisdictions at 6:45 p.m. on December 8, 2018. the States, or on the distribution of The effect of the temporary safety with populations of less than 50,000. power and responsibilities among the zone is to restrict navigation in the The Coast Guard certifies under 5 U.S.C. various levels of government. We have vicinity of the fireworks loading, 605(b) that this rule will not have a analyzed this rule under that Order and staging, transit, and firing site. Except significant economic impact on a have determined that it is consistent for persons or vessels authorized by the substantial number of small entities. with the fundamental federalism COTP or the COTP’s designated This rule may affect the following principles and preemption requirements representative, no person or vessel may entities, some of which may be small described in Executive Order 13132. enter or remain in the restricted areas. entities: Owners and operators of Also, this rule does not have tribal These regulations are needed to keep waterfront facilities, commercial implications under Executive Order spectators and vessels away from the vessels, and pleasure craft engaged in 13175, Consultation and Coordination immediate vicinity of the fireworks recreational activities and sightseeing, if with Indian Tribal Governments, firing sites to ensure the safety of these facilities or vessels are in the because it does not have a substantial participants, spectators, and transiting vicinity of the safety zone at times when direct effect on one or more Indian vessels. this zone is being enforced. This rule tribes, on the relationship between the will not have a significant economic Federal Government and Indian tribes, V. Regulatory Analyses impact on a substantial number of small or on the distribution of power and We developed this rule after entities for the following reasons: (i) responsibilities between the Federal considering numerous statutes and This rule will encompass only a small Government and Indian tribes. If you executive orders related to rulemaking. portion of the waterway for a limited believe this rule has implications for Below we summarize our analyses period of time, and (ii) the maritime federalism or Indian tribes, please based on a number of these statutes and public will be advised in advance of contact the person listed in the FOR Executive orders, and we discuss First these safety zones via Notice to FURTHER INFORMATION CONTACT section Amendment rights of protestors. Mariners. above.

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E. Unfunded Mandates Reform Act ■ 2. Add § 165.T11–960 to read as Dated: November 29, 2018. The Unfunded Mandates Reform Act follows: Anthony J. Ceraolo, Captain, U.S. Coast Guard, Captain of the of 1995 (2 U.S.C. 1531–1538) requires § 165.T11–960 Safety Zone; Winter on the Port, San Francisco. Federal agencies to assess the effects of Waterfront Fireworks Display, Berkeley, CA [FR Doc. 2018–26607 Filed 12–7–18; 8:45 am] their discretionary regulatory actions. In (a) Location. The following area is a particular, the Act addresses actions safety zone: All navigable waters of the BILLING CODE 9110–04–P that may result in the expenditure by a San Francisco Bay within 100 feet of the State, local, or tribal government, in the fireworks barge during loading and aggregate, or by the private sector of staging at Berkeley Marina Ferry Dock, LIBRARY OF CONGRESS $100,000,000 (adjusted for inflation) or Berkeley, as well as transit and arrival more in any one year. Though this rule to the display location. From 3:00 p.m. Copyright Royalty Board will not result in such expenditure, we on December 8, 2018 until do discuss the effects of this rule approximately 4:00 p.m. on December 8, 37 CFR Part 380 elsewhere in this preamble. 2018, the fireworks barge will be [Docket No. 14–CRB–0001–WR (2016–2020) F. Environment loading and staged at Berkeley Marina Ferry Dock. The safety zone will expand COLA 2019] We have analyzed this rule under to all navigable waters around and Cost of Living Adjustment to Royalty Department of Homeland Security under the firework barge within a radius Management Directive 023–01 and Rates for Webcaster Statutory License; of 140 feet in approximate position Correction Commandant Instruction M16475.1D, 37°51′58″ N, 122°19′11″ W (NAD 83) 30 which guide the Coast Guard in minutes prior to the start of the two 3- AGENCY: Copyright Royalty Board (CRB), complying with the National minute fireworks displays, scheduled to Library of Congress. Environmental Policy Act of 1969 (42 begin at 5:30 p.m. and 6:15 p.m. on ACTION: Final rule; cost of living U.S.C. 4321–4370f), and have December 8, 2018. adjustment; correction. determined that this action is one of a (b) Enforcement period. The zone category of actions that do not described in paragraph (a) of this SUMMARY: This document corrects the individually or cumulatively have a section will be enforced from 3:00 p.m. preamble to and one paragraph of the significant effect on the human on December 8, 2018 until final rule published in the Federal environment. This rule involves a safety approximately 6:45 p.m. on December 8, Register of November 28, 2018, zone of limited size and duration. It is 2018. The Captain of the Port San regarding the cost of living adjustment categorically excluded from further Francisco (COTP) will notify the (COLA) to the royalty rate that review under Categorical Exclusion maritime community of periods during noncommercial noninteractive L60(a) of Appendix A, Table 1 of DHS which these zones will be enforced via webcasters pay for eligible Instruction Manual 023–01–001–01, Notice to Mariners in accordance with transmissions pursuant to the statutory Rev. 01. A Record of Environmental 33 CFR 165.7. licenses for the public performance of Consideration supporting this (c) Definitions. As used in this and for the making of ephemeral determination is available in the docket section, ‘‘designated representative’’ reproductions of sound recordings. ADDRESSES where indicated under . means a Coast Guard Patrol DATES: Effective Date: January 1, 2019. Commander, including a Coast Guard G. Protest Activities FOR FURTHER INFORMATION CONTACT: coxswain, petty officer, or other officer The Coast Guard respects the First on a Coast Guard vessel or a Federal, Anita Blaine, CRB Program Assistant, by Amendment rights of protesters. State, or local officer designated by or telephone at (202) 707–7658 or by email Protesters are asked to contact the assisting the COTP in the enforcement at [email protected]. person listed in the FOR FURTHER of the safety zone. SUPPLEMENTARY INFORMATION: The INFORMATION CONTACT section to (d) Regulations. (1) Under the general preamble and the regulatory language coordinate protest activities so that your regulations in 33 CFR part 165, subpart appearing on page 61125 in the Federal message can be received without C, entering into, transiting through, or Register of Wednesday, November 28, jeopardizing the safety or security of anchoring within this safety zone is 2018, reflected an error in calculating people, places or vessels. prohibited unless authorized by the the COLA for the rate for COTP or the COTP’s designated noncommercial webcasters, and List of Subjects in 33 CFR Part 165 representative. therefore the Judges make the following Harbors, Marine safety, Navigation (2) The safety zone is closed to all corrections to the preamble and the final (water), Reporting and recordkeeping vessel traffic, except as may be rule: requirements, Security measures, permitted by the COTP or a designated Corrections Waterways. representative. For the reasons discussed in the (3) Vessel operators desiring to enter In FR Doc. 2018–25908 appearing on preamble, the Coast Guard amends 33 or operate within the safety zone must page 61125 in the Federal Register of CFR part 165 as follows: contact the COTP or a designated Wednesday, November 28, 2018, make representative to obtain permission to the following corrections: PART 165—REGULATED NAVIGATION do so. Vessel operators given permission Preamble AREAS AND LIMITED ACCESS AREAS to enter or operate in the safety zone must comply with all directions given to ■ 1. In the SUPPLEMENTARY INFORMATION ■ 1. The authority citation for part 165 them by the COTP or a designated section, on page 61125 in the second continues to read as follows: representative. Persons and vessels may column, in the third paragraph, Authority: 33 U.S.C. 1231; 50 U.S.C. 191; request permission to enter the safety ‘‘$0.0018’’ is corrected to read 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; zones on VHF–23A or through the 24- ‘‘$0.0017’’ and in the third column, in Department of Homeland Security Delegation hour Command Center at telephone the first full paragraph, ‘‘$0.0019’’ is No. 0170.1 (415) 399–3547. corrected to read ‘‘$0.0018’’.

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Final rule 30, 2010. These statutes are collectively for the 2015 benefit year and other referred to as ‘‘PPACA’’ in this final parameters related to the risk § 380.10 [Corrected] rule. Section 1343 of the PPACA adjustment program (proposed 2015 ■ 2. On page 61125, in the third column, established an annual permanent risk Payment Notice). We published the in § 380.10, in paragraph (a)(2), adjustment program under which 2015 Payment Notice final rule in the ‘‘$0.0019’’ is corrected to read payments are collected from health March 11, 2014 Federal Register (79 FR ‘‘$0.0018’’. insurance issuers that enroll relatively 13743). In the May 27, 2014 Federal Dated: December 3, 2018. low-risk populations, and payments are Register (79 FR 30240), the 2015 fiscal David R. Strickler, made to health insurance issuers that year sequestration rate for the risk enroll relatively higher-risk populations. Copyright Royalty Judge. adjustment program was announced. Consistent with section 1321(c)(1) of the [FR Doc. 2018–26606 Filed 12–7–18; 8:45 am] PPACA, the Secretary is responsible for In the November 26, 2014 Federal BILLING CODE 1410–72–P operating the risk adjustment program Register (79 FR 70673), we published a on behalf of any state that elects not to proposed rule outlining the proposed do so. For the 2018 benefit year, HHS Federally certified risk adjustment DEPARTMENT OF HEALTH AND is responsible for operation of the risk methodologies for the 2016 benefit year HUMAN SERVICES adjustment program in all 50 states and and other parameters related to the risk the District of Columbia. adjustment program (proposed 2016 45 CFR Part 153 HHS sets the risk adjustment Payment Notice). We published the [CMS–9919–F] methodology that it uses in states that 2016 Payment Notice final rule in the elect not to operate risk adjustment in February 27, 2015 Federal Register (80 RIN 0938–AT66 advance of each benefit year through a FR 10749). notice-and-comment rulemaking Patient Protection and Affordable Care process with the intention that issuers In the December 2, 2015 Federal Act; Adoption of the Methodology for will be able to rely on the methodology Register (80 FR 75487), we published a the HHS-Operated Permanent Risk to price their plans appropriately (see 45 proposed rule outlining the Federally Adjustment Program for the 2018 CFR 153.320; 76 FR 41930, 41932 certified risk adjustment methodology Benefit Year Final Rule through 41933; 81 FR 94058, 94702 for the 2017 benefit year and other (explaining the importance of setting parameters related to the risk AGENCY: Centers for Medicare & Medicaid Services (CMS), Department rules ahead of time and describing adjustment program (proposed 2017 of Health and Human Services (HHS). comments supporting that practice)). Payment Notice). We published the In the July 15, 2011 Federal Register 2017 Payment Notice final rule in the ACTION: Final rule. (76 FR 41929), we published a proposed March 8, 2016 Federal Register (81 FR rule outlining the framework for the risk SUMMARY: This final rule adopts the 12204). adjustment program. We implemented HHS-operated risk adjustment the risk adjustment program in a final In the September 6, 2016 Federal methodology for the 2018 benefit year. rule, published in the March 23, 2012 Register (81 FR 61455), we published a In February 2018, a district court Federal Register (77 FR 17219) proposed rule outlining the Federally vacated the use of statewide average (Premium Stabilization Rule). In the certified risk adjustment methodology premium in the HHS-operated risk December 7, 2012 Federal Register (77 for the 2018 benefit year and other adjustment methodology for the 2014 FR 73117), we published a proposed parameters related to the risk through 2018 benefit years. Following rule outlining the proposed Federally adjustment program (proposed 2018 review of all submitted comments to the certified risk adjustment methodologies Payment Notice). We published the proposed rule, HHS is adopting for the for the 2014 benefit year and other 2018 Payment Notice final rule in the 2018 benefit year an HHS-operated risk parameters related to the risk December 22, 2016 Federal Register (81 adjustment methodology that utilizes adjustment program (proposed 2014 FR 94058). the statewide average premium and is Payment Notice). We published the In the November 2, 2017 Federal operated in a budget-neutral manner, as 2014 Payment Notice final rule in the Register (82 FR 51042), we published a established in the final rules published March 11, 2013 Federal Register (78 FR in the March 23, 2012 and the December 15409). In the June 19, 2013 Federal proposed rule outlining the federally 22, 2016 editions of the Federal Register (78 FR 37032), we proposed a certified risk adjustment methodology Register. modification to the HHS-operated risk for the 2019 benefit year. In that DATES: The provisions of this final rule adjustment methodology related to proposed rule, we proposed updates to are effective on February 8, 2019. community rating states. In the October the risk adjustment methodology and amendments to the risk adjustment data FOR FURTHER INFORMATION CONTACT: 30, 2013 Federal Register (78 FR Abigail Walker, (410) 786–1725; Adam 65046), we finalized this proposed validation process (proposed 2019 Shaw, (410) 786–1091; Jaya Ghildiyal, modification related to community Payment Notice). We published the (301) 492–5149; or Adrianne Patterson, rating states. We published a correcting 2019 Payment Notice final rule in the (410) 786–0686. amendment to the 2014 Payment Notice April 17, 2018 Federal Register (83 FR final rule in the November 6, 2013 16930). We published a correction to the SUPPLEMENTARY INFORMATION: Federal Register (78 FR 66653) to 2019 risk adjustment coefficients in the I. Background address how an enrollee’s age for the 2019 Payment Notice final rule in the risk score calculation would be A. Legislative and Regulatory Overview May 11, 2018 Federal Register (83 FR determined under the HHS-operated 21925). On July 27, 2018, consistent The Patient Protection and Affordable risk adjustment methodology. with § 153.320(b)(1)(i), we updated the Care Act (Pub. L. 111–148) was enacted In the December 2, 2013 Federal 2019 benefit year final risk adjustment on March 23, 2010; the Health Care and Register (78 FR 72321), we published a model coefficients to reflect an Education Reconciliation Act of 2010 proposed rule outlining the Federally additional recalibration related to an (Pub. L. 111–152) was enacted on March certified risk adjustment methodologies

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update to the 2016 enrollee-level EDGE otherwise rejected New Mexico Health can generate for those enrollees. These dataset.1 Connections’ arguments. differences are then compared across In the July 30, 2018 Federal Register plans in the state market risk pool and C. The PPACA Risk Adjustment (83 FR 36456), we published a final rule converted to a dollar amount based on Program that adopted the 2017 benefit year HHS- the statewide average premium. HHS operated risk adjustment methodology The risk adjustment program provides chose to use statewide average premium set forth in the March 23, 2012 Federal payments to health insurance plans that and normalize the risk adjustment state Register (77 FR 17220 through 17252) enroll populations with higher-than- payment transfer formula to reflect state and in the March 8, 2016 Federal average risk and collects charges from average factors so that each plan’s Register (81 FR 12204 through 12352). plans that enroll populations with enrollment characteristics are compared The final rule provided an additional lower-than-average risk. The program is to the state average and the total explanation of the rationale for use of intended to reduce incentives for issuers calculated payment amounts equal total statewide average premium in the HHS- to structure their plan benefit designs or calculated charges in each state market operated risk adjustment state payment marketing strategies to avoid higher-risk risk pool. Thus, each plan in the state transfer formula for the 2017 benefit enrollees and lessen the potential market risk pool receives a risk year, including why the program is influence of risk selection on the adjustment payment or charge designed operated in a budget-neutral manner. premiums that plans charge. Instead, to compensate for risk for a plan with That final rule permitted HHS to resume issuers are expected to set rates based average risk in a budget-neutral manner. 2017 benefit year program operations, on average risk and compete based on This approach supports the overall goal including collection of risk adjustment plan features rather than selection of of the risk adjustment program to charges and distribution of risk healthier enrollees. The program applies encourage issuers to rate for the average adjustment payments. HHS also to any health insurance issuer offering risk in the applicable state market risk provided guidance as to the operation of plans in the individual, small group and pool, and mitigates incentives for the HHS-operated risk adjustment merged markets, with the exception of issuers to operate less efficiently, set program for the 2017 benefit year in grandfathered health plans, group higher prices, or develop benefit designs light of publication of the final rule.2 health insurance coverage described in or create marketing strategies to avoid In the August 10, 2018 Federal 45 CFR 146.145(c), individual health high-risk enrollees. Such incentives Register (83 FR 39644), we published insurance coverage described in 45 CFR could arise if HHS used each issuer’s the proposed rule concerning the 148.220, and any plan determined not to plan’s own premium in the state adoption of the 2018 benefit year HHS- be a risk adjustment covered plan in the payment transfer formula, instead of operated risk adjustment methodology applicable Federally certified risk statewide average premium. set forth in the March 23, 2012 Federal adjustment methodology.4 In 45 CFR Register (77 FR 17220 through 17252) part 153, subparts A, B, D, G, and H, II. Provisions of the Proposed Rule and and in the December 22, 2016 Federal HHS established standards for the Analysis of and Responses to Public Register (81 FR 94058 through 94183). administration of the permanent risk Comments adjustment program. In accordance with In the August 10, 2018 Federal B. The New Mexico Health Connections § 153.320, any risk adjustment Register (83 FR 39644), we published a Court’s Order methodology used by a state, or by HHS proposed rule that proposed to adopt On February 28, 2018, in a suit on behalf of the state, must be a the HHS-operated risk adjustment brought by the health insurance issuer federally certified risk adjustment methodology as previously established New Mexico Health Connections, the methodology. in the March 23, 2012 Federal Register United States District Court for the As stated in the 2014 Payment Notice (77 FR 17220 through 17252) and the District of New Mexico (the district final rule, the federally certified risk December 22, 2016 Federal Register (81 court) vacated the use of statewide adjustment methodology developed and FR 94058 through 94183) for the 2018 average premium in the HHS-operated used by HHS in states that elect not to benefit year, with an additional risk adjustment methodology for the operate a risk adjustment program is explanation regarding the use of 2014, 2015, 2016, 2017, and 2018 based on the premise that premiums for statewide average premium and the benefit years. The district court that state market should reflect the budget-neutral nature of the HHS- reasoned that HHS had not adequately differences in plan benefits and operated risk adjustment program. We explained its decision to adopt a efficiency—not the health status of the did not propose to make any changes to methodology that used statewide enrolled population.5 HHS developed the previously published HHS-operated average premium as the cost-scaling the risk adjustment state payment risk adjustment methodology for the factor to ensure that the amount transfer formula that calculates the 2018 benefit year. collected from issuers equals the difference between the revenues As explained above, the district court amount of payments made to issuers for required by a plan based on the vacated the use of statewide average the applicable benefit year, that is, a projected health risk of the plan’s premium in the HHS-operated risk methodology that maintains the budget enrollees and the revenues that the plan adjustment methodology for the 2014 neutrality of the HHS-operated risk through 2018 benefit years on the adjustment program for the applicable et al., No. CIV 16–0878 JB/JHR (D.N.M. Feb. 28, grounds that HHS did not adequately benefit year.3 The district court 2018). On March 28, 2018, HHS filed a motion explain its decision to adopt that aspect requesting that the district court reconsider its of the risk adjustment methodology. The 1 See Updated 2019 Benefit Year Final HHS Risk decision. A hearing on the motion for district court recognized that use of Adjustment Model Coefficients. July 27, 2018. reconsideration was held on June 21, 2018. On Available at https://www.cms.gov/CCIIO/Resources/ October 19, 2018, the court denied HHS’s motion statewide average premium maintained Regulations-and-Guidance/Downloads/2019- for reconsideration. See New Mexico Health the budget neutrality of the program, but Updtd-Final-HHS-RA-Model-Coefficients.pdf. Connections v. United States Department of Health concluded that HHS had not adequately 2 See https://www.cms.gov/CCIIO/Resources/ and Human Services et al., No. CIV 16–0878 JB/JHR explained the underlying decision to Regulations-and-Guidance/Downloads/2017-RA- (D.N.M. Oct. 19, 2018). Final-Rule-Resumption-RAOps.pdf. 4 See the definition for ‘‘risk adjustment covered adopt a methodology that kept the 3 New Mexico Health Connections v. United plan’’ at § 153.20. program budget neutral, that is, a States Department of Health and Human Services 5 See 78 FR at 15417. methodology that ensured that amounts

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collected from issuers would equal creating budget authority in advance of the underlying budget requests reflect, payments made to issuers for the an appropriation for the risk adjustment the CMS Program Management account applicable benefit year. Accordingly, program, we explained that HHS could was intended for program management HHS provided the additional not—absent another source of expenses, such as administrative costs explanation in the proposed rule. appropriations—have designed the for various CMS programs such as As explained in the proposed rule, program in a way that required Medicaid, Medicare, the Children’s Congress designed the risk adjustment payments in excess of collections Health Insurance Program, and the program to be implemented and consistent with binding appropriations PPACA’s insurance market reforms—not operated by states if they chose to do so. law. Thus, Congress did not give HHS for the program payments under those Nothing in section 1343 of the PPACA discretion to implement a risk programs. CMS would have elected to requires a state to spend its own funds adjustment program that was not budget use the CMS Program Management on risk adjustment payments, or allows neutral. account for these important program HHS to impose such a requirement. Furthermore, the proposed rule management expenses, rather than Thus, while section 1343 may have explained that if HHS elected to adopt program payments for risk adjustment, provided leeway for states to spend a risk adjustment methodology that was even if CMS had discretion to use all or additional funds on their programs if contingent on appropriations from part of the lump sum for such program they voluntarily chose to do so, HHS Congress through the annual payments. Without the adoption of a could not have required such additional appropriations process, that would have budget-neutral framework, we explained funding. created uncertainty for issuers regarding that HHS would have needed to assess We also explained that while the the amount of risk adjustment payments a charge or otherwise collect additional PPACA did not include an explicit they could expect for a given benefit funds, or prorate risk adjustment requirement that the risk adjustment year. That uncertainty would have payments to balance the calculated risk program be operated in a budget-neutral undermined one of the central adjustment transfer amounts. The manner, HHS was constrained by objectives of the risk adjustment resulting uncertainty would have appropriations law to devise a risk program, which is to stabilize premiums conflicted with the overall goals of the adjustment methodology that could be by assuring issuers in advance that they risk adjustment program—to stabilize implemented in a budget-neutral will receive risk adjustment payments premiums and to reduce incentives for fashion. In fact, although the statutory if, for the applicable benefit year, they issuers to avoid enrolling individuals provisions for many other PPACA enroll a higher-risk population with higher-than-average actuarial risk. programs appropriated or authorized compared to other issuers in the state In light of the budget-neutral amounts to be appropriated from the market risk pool. The budget-neutral framework discussed above, the U.S. Treasury, or provided budget framework spreads the costs of covering proposed rule explained that we also authority in advance of appropriations,6 higher-risk enrollees across issuers chose not to use a different parameter the PPACA neither authorized nor throughout a given state market risk for the state payment transfer formula appropriated additional funding for risk pool, thereby reducing incentives for under the HHS-operated methodology, adjustment payments beyond the issuers to engage in risk-avoidance such as each plan’s own premium, that amount of charges paid in, and did not techniques such as designing or would not have automatically achieved authorize HHS to obligate itself for risk marketing their plans in ways that tend equality between risk adjustment adjustment payments in excess of to attract healthier individuals, who cost payments and charges in each benefit charges collected.7 Indeed, unlike the less to insure. year. As set forth in prior discussions,9 Medicare Part D statute, which Moreover, the proposed rule noted use of the plan’s own premium or a expressly authorized the appropriation that relying on each year’s budget of funds and provided budget authority process for appropriation of additional similar parameter would have required in advance of appropriations to make funds to HHS that could be used to the application of a balancing Part D risk-adjusted payments, the supplement risk adjustment transfers adjustment in light of the program’s PPACA’s risk adjustment statute made would have required HHS to delay budget neutrality—either reducing no reference to additional setting the parameters for any risk payments to issuers owed a payment, appropriations.8 Because Congress adjustment payment proration rates increasing charges on issuers due a omitted from the PPACA any provision until well after the plans were in effect charge, or splitting the difference in appropriating independent funding or for the applicable benefit year. The some fashion between issuers owed proposed rule also explained that any payments and issuers assessed charges. 6 For examples of PPACA provisions later-authorized program management Using a plan’s own premium would appropriating funds, see PPACA secs. 1101(g)(1), appropriations made to CMS were not have frustrated the risk adjustment 1311(a)(1), 1322(g), and 1323(c). For examples of intended to be used for supplementing program’s goals, as discussed above, of PPACA provisions authorizing the appropriation of encouraging issuers to rate for the funds, see PPACA secs. 1002, 2705(f), 2706(e), risk adjustment payments, and were 3013(c), 3015, 3504(b), 3505(a)(5), 3505(b), 3506, allocated by the agency for other, average risk in the applicable state 3509(a)(1), 3509(b), 3509(e), 3509(f), 3509(g), 3511, primarily administrative, purposes. market risk pool, and avoiding the 4003(a), 4003(b), 4004(j), 4101(b), 4102(a), 4102(c), Specifically, it has been suggested that creation of incentives for issuers to 4102(d)(1)(C), 4102(d)(4), 4201(f), 4202(a)(5), operate less efficiently, set higher 4204(b), 4206, 4302(a), 4304, 4305(a), 4305(c), the annual lump sum appropriation to 5101(h), 5102(e), 5103(a)(3), 5203, 5204, 5206(b), CMS for program management (CMS prices, or develop benefit designs or 5207, 5208(b), 5210, 5301, 5302, 5303, 5304, Program Management account) was create marketing strategies to avoid 5305(a), 5306(a), 5307(a), and 5309(b). potentially available for risk adjustment high-risk enrollees. Use of an after-the- 7 See 42 U.S.C. 18063. fact balancing adjustment is also less 8 Compare 42 U.S.C. 18063 (failing to specify payments. The lump sum appropriation source of funding other than risk adjustment for each year was not enacted until after predictable for issuers than a charges), with 42 U.S.C. 1395w–116(c)(3) the applicable rule announcing the (authorizing appropriations for Medicare Part D risk HHS-operated methodology for the 9 See for example, September 12, 2011, Risk adjusted payments); 42 U.S.C. 1395w–115(a) Adjustment Implementation Issues White Paper, (establishing ‘‘budget authority in advance of applicable benefit year, and therefore available at https://www.cms.gov/CCIIO/Resources/ appropriations Acts’’ for Medicare Part D risk could not have been relied upon in Files/Downloads/riskadjustment_whitepaper_ adjusted payments). promulgating that rule. Additionally, as web.pdf.

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methodology that is established before premium increase, which could make We summarize and respond to the the benefit year. We explained that such coverage in those plans particularly comments received to the proposed rule predictability is important to serving the unaffordable for unsubsidized enrollees. below. Given the volume of exhibits, risk adjustment program’s goals of In states with limited Exchange options, court filings, white papers (including all premium stabilization and reducing a qualified health plan issuer exit would corresponding exhibits), and comments issuer incentives to avoid enrolling restrict consumer choice, and could put on other rulemakings incorporated by higher-risk populations. additional upward pressure on reference in one commenter’s letter, we Additionally, the proposed rule noted premiums, thereby increasing the cost of are not able to separately address each that using a plan’s own premium to coverage for unsubsidized individuals of those documents. Instead, we scale transfers may provide additional and federal spending for premium tax summarize and respond to the incentives for plans with high-risk credits. The combination of these effects significant comments and issues raised enrollees to increase premiums in order could lead to involuntary coverage by the commenter that are within the to receive higher risk adjustment losses in certain state market risk pools. scope of this rulemaking. payments. As noted by commenters to Additionally, the proposed rule Comment: One commenter expressed the 2014 Payment Notice proposed rule, explained that HHS’s failure to make general concerns about policymaking transfers also may be more volatile from timely risk adjustment payments could and implementation of the PPACA year to year and sensitive to anomalous impact the solvency of issuers providing related to enrollment activity changes, premiums if they were scaled to a plan’s coverage to sicker (and costlier) than cost-sharing reductions, and short-term, own premium instead of the statewide average enrollees that require the influx limited-duration plans. average premium. In the 2014 Payment of risk adjustment payments to continue Response: The use of statewide Notice final rule, we noted that we operations. When state regulators average premium in the HHS-operated received a number of comments in evaluate issuer solvency, any risk adjustment methodology, including support of our proposal to use statewide uncertainty surrounding risk adjustment the operation of the program in a average premium as the basis for risk transfers hampers their ability to make budget-neutral manner, which was the adjustment transfers, while some decisions that protect consumers and limited subject of the proposed commenters expressed a desire for HHS support the long-term health of rulemaking, was not addressed by this 10 to use a plan’s own premium. HHS insurance markets. commenter. In fact, the commenter did not specifically address the risk addressed those comments by In response to the district court’s adjustment program at all. Therefore, reiterating that we had considered the February 2018 decision that vacated the use of a plan’s own premium, but chose the concerns raised by this commenter use of statewide average premium in the to use statewide average premium, as are outside the scope of the proposed risk adjustment methodology on the this approach supports the overall goals rule, and are not addressed in this final grounds that HHS did not adequately of the risk adjustment program to rule. explain its decision to adopt that aspect encourage issuers to rate for the average Comment: Commenters were of the methodology, we offered the risk in the applicable state market risk overwhelmingly in favor of HHS additional explanation outlined above pool, and avoids the creation of finalizing the rule as proposed, and in the proposed rule, and proposed to incentives for issuers to employ risk- many encouraged HHS to do so as soon maintain the use of statewide average avoidance techniques.11 as possible. Many commenters stated The proposed rule also explained that premium in the applicable state market that by finalizing this rule as proposed, although HHS has not yet calculated risk pool for the state payment transfer HHS is providing an additional risk adjustment payments and charges formula under the HHS-operated risk explanation regarding the operation of for the 2018 benefit year, immediate adjustment methodology for the 2018 the program in a budget-neutral manner administrative action was imperative to benefit year. HHS proposed to adopt the and the use of statewide average maintain stability and predictability in methodology previously established for premium for the 2018 benefit year the individual, small group and merged the 2018 benefit year in the Federal consistent with the decision of the insurance markets. Without Register publications cited above that district court, and is reducing the risk of administrative action, the uncertainty apply to the calculation, collection, and substantial instability to the Exchanges related to the HHS-operated risk payment of risk adjustment transfers and individual and small group and adjustment methodology for the 2018 under the HHS-operated methodology merged market risk pools. Many benefit year could add uncertainty to for the 2018 benefit year. This included commenters stated that no changes the individual, small group and merged the adjustment to the statewide average should be made to the risk adjustment markets, as issuers determine the extent premium, reducing it by 14 percent, to methodology for the 2018 benefit year of their market participation and the account for an estimated proportion of because issuers’ rates for the 2018 rates and benefit designs for plans they administrative costs that do not vary benefit year were set based on the will offer in future benefit years. with claims.12 We sought comment on previously finalized methodology. Without certainty regarding the 2018 the proposal to use statewide average Response: We agree that a prompt benefit year HHS-operated risk premium. However, in order to protect finalization of this rule is important to adjustment methodology, there was a the settled expectations of issuers that ensure the ongoing stability of the serious risk that issuers would structured their pricing, offering, and individual and small group and merged substantially increase future premiums market participation decisions in markets, and the ability of HHS to to account for the potential of reliance on the previously issued 2018 continue operations of the risk uncompensated risk associated with benefit year methodology, all other adjustment program normally for the high-risk enrollees. Consumers enrolled aspects of the risk adjustment 2018 benefit year. We also agree that in certain plans with benefit and methodology were outside of the scope finalizing the rule as proposed would network structures that appeal to higher of the proposed rule, and HHS did not maintain stability and ensure risk enrollees could see a significant seek comment on those finalized predictability of pricing in a budget- aspects. neutral framework because issuers 10 78 FR 15410, 15432. relied on the 2018 HHS-operated risk 11 Id. 12 See 81 FR 94058 at 94099. adjustment methodology that used

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statewide average premium during rate any potential shortfalls. The commenter alternatives to the establishment of a setting and when deciding in calendar also stated that the rationale for using budget-neutral framework. All of these year 2017 whether to participate in the statewide average premium to achieve after-the-fact balancing adjustments market(s) during the 2018 benefit year. budget neutrality is incorrect, and that were ultimately rejected because they Comment: Several commenters agreed even if budget neutrality is required, are less predictable for issuers than a with HHS’s interpretation of the statute any risk adjustment payment shortfalls budget-neutral methodology which does as requiring the operation of the risk that may result from using a plan’s own not require after-the-fact balancing adjustment program in a budget-neutral premium in the risk adjustment transfer adjustments, a conclusion supported by manner; several cited the absence of formula could be addressed through pro the vast majority of comments received. additional funding which would cover rata adjustments to risk adjustment As detailed in the proposed rule, HHS any possible shortfall between risk transfers. This commenter also stated determined it would not be appropriate adjustment transfers as supporting the that the use of statewide average to rely on the CMS Program operation of the program in a budget- premium is not predictable for issuers Management account because those neutral manner. One commenter trying to set rates, especially for small amounts are designated for highlighted that appropriations can vary issuers which do not have a large administration and operational from year to year, adding uncertainty market share, as they do not have expenses, not program payments, nor and instability to the market(s) if the information about other issuers’ rates at would the CMS Program Management program relied on additional funding to the time of rate setting. Conversely, account be sufficient to fund both the cover potential shortfalls and was not many commenters noted that, absent an payments under the risk adjustment operated in a budget-neutral manner, appropriation for risk adjustment program and those administrative and which in turn would affect issuer payments, the prorated payments that operational expenses. Furthermore, use pricing decisions. These commenters would result from the use of a plan’s of such funds would create the same noted that any uncertainty about own premium in the risk adjustment uncertainty and other challenges whether Congress would fund risk methodology would add an unnecessary described above, as it would require adjustment payments would deprive layer of complexity for issuers when reliance on the annual appropriations issuers of the ability to make pricing pricing and would reduce predictability, process and would require after-the-fact and market participation decisions resulting in uncertainty and instability balancing adjustments to address based on a legitimate expectation that in the market(s). shortfalls. After extensive analysis and risk adjustment transfers would occur as evaluation of alternatives, we required in HHS regulations. Other Response: We acknowledged in the proposed rule that the PPACA did not determined that the best method commenters noted that without consistent with legal requirements is to certainty of risk adjustment transfers, include a provision that explicitly required the risk adjustment program be operate the risk adjustment program in issuers would likely seek rate increases a budget-neutral manner, using to account for this further uncertainty operated in a budget-neutral manner; however, HHS was constrained by statewide average premium as the cost and the risk of enrolling a greater share scaling factor and normalizing the risk of high-cost individuals. Alternatively, appropriations law to devise a risk adjustment methodology that could be adjustment payment transfer formula to issuers seeking to avoid significant reflect state average factors. premium increases would be compelled implemented in a budget-neutral to develop alternative coverage fashion. In fact, Congress did not We agree with the commenters that arrangements that fail to provide authorize or appropriate additional calculating transfers based on a plan’s adequate coverage to people with funding for risk adjustment beyond the own premium without an additional chronic conditions or high health care amount of charges paid in, and did not funding source to ensure full payment costs (for example, narrow networks or authorize HHS to obligate itself for risk of risk adjustment payment amounts formulary design changes). Another adjustment payments in excess of would create premium instability. If commenter pointed to the fact that risk charges collected. In the absence of HHS implemented an approach based adjustment was envisioned by Congress additional, independent funding or the on a plan’s own premium without an as being run by the states, and that if creation of budget authority in advance additional funding source, after-the-fact HHS were to require those states that of an appropriation, HHS could not payment adjustments would be run their own program to cover any make payments in excess of charges required. As explained above, the shortfall between what they collect and collected consistent with binding amount of these payment adjustments what they must pay out, HHS would appropriations law. Furthermore, we would vary from year to year, would effectively be imposing an unfunded agree with commenters that the creation delay the publication of final risk mandate on states. The commenter of a methodology that was contingent on adjustment amounts, and would compel noted there is no indication that Congress agreeing to appropriate issuers with risk that is higher than the Congress intended risk adjustment to supplemental funding of unknown state average to speculate on the impose such an unfunded mandate. amounts through the annual premium increase that would be Another commenter expressed that a appropriations process would create necessary to cover an unknown risk budget-neutral framework was the most uncertainty. It would also delay the adjustment payment shortfall amount. natural reading of the PPACA, with a process for setting the parameters for We considered and ultimately declined different commenter stating this any potential risk adjustment proration to adopt a methodology that required an framework is implied in the statute. until well after rates were set and the after-the-fact balancing adjustment However, one commenter stated that plans were in effect for the applicable because such an approach is less risk adjustment does not need to operate benefit year. In addition to proration of predictable for issuers than a budget- as budget neutral, as section 1343 of the risk adjustment payments to balance neutral methodology that can be PPACA does not require that the risk adjustment transfer amounts, we calculated in advance of a benefit year. program be budget neutral, and funds considered the impact of assessing This included consideration of a non- are available to HHS for the risk additional charges or otherwise budget neutral HHS-operated risk adjustment program from the CMS collecting additional funds from issuers adjustment methodology that used a Program Management account to offset of risk adjustment covered plans as plan’s own premiums as the cost-scaling

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factor, which we discuss in detail later transfers.13 It also pointed to the determining whether an issuer’s low in this preamble. Modifying the 2018 American Academy of Actuaries’ premium was the result of efficiency, benefit year risk adjustment analysis of 2014 benefit year risk mispricing, or a strategy to gain market methodology to use a plan’s own adjustment results, in which 103 of 163 share, and that the advantages of using premium would reduce the small health plans (those with less than statewide average premium outweigh predictability of risk adjustment 10 percent of market share) received risk the possibility that use of a plan’s own payments and charges significantly. As adjustment payments and the average premium could result in better commenters stated, the use of a plan’s payment was 27 percent of premium.14 reflection of cost management. One own premium would add an extra layer This commenter cited these points as commenter noted that encouraging of complexity in estimating risk evidence that risk adjustment is working issuers to set premiums based on market adjustment transfers because payments as intended for small issuers. This averages in a state (that is, using and charges would need to be prorated commenter also cited an Oliver Wyman statewide average premium) promotes retrospectively based on the outcome of study that analyzed risk adjustment market competition based on value, risk adjustment transfer calculations, receipts by health plan member months quality of care provided, and effective but would need to be anticipated in (that is, issuer size) and found no care management, not on the basis of advance of the applicable benefit year systematic bias in the 2014 risk risk selection. Other commenters for use in issuers’ pricing calculations. adjustment model.15 strongly opposed the use of a plan’s We do not agree with the commenter A few commenters stated that use of own premium, as doing so would that statewide average premium is less statewide average premium to scale risk introduce incentives for issuers to predictable than a plan’s own premium, adjustment transfers tends to penalize attract lower-risk enrollees because they as the use of statewide average premium issuers with efficient care management would no longer have to pay their fair under a budget-neutral framework and lower premiums and rewards share, or because issuers that makes risk adjustment transfers self- issuers for raising rates. One of the traditionally attract high-risk enrollees balancing, and provides payment commenters also stated that the HHS- would be incentivized to increase certainty for issuers with higher-than- operated risk adjustment methodology premiums in order to receive larger risk average risk. does not reflect relative actuarial risk, adjustment payments. Others stated that After considering the comments that statewide average premium harms the use of a plan’s own premium would submitted, we are finalizing a issuers that price below the statewide add an extra layer of complexity in methodology that operates risk average, and that the program does not estimating risk adjustment transfers, and adjustment in a budget-neutral manner differentiate between an issuer that has therefore in premium rate setting, using statewide average premium as the lower premiums because of medical cost because payments and charges would cost scaling factor and normalizing the savings from better care coordination need to be prorated retrospectively risk adjustment payment transfer and an issuer that has lower premiums based on the outcome of risk adjustment formula to reflect state average factors because of healthier-than-average transfer calculations, but would need to for the 2018 benefit year. enrollees. The commenter suggested be anticipated prospectively as part of Comment: The majority of the that HHS add a Care Management issuers’ pricing calculations. comments supported the use of Effectiveness index into the risk One commenter expressed concern statewide average premium in the HHS- adjustment formula. This commenter that the risk adjustment payment operated risk adjustment methodology also stated that use of a plan’s own transfer formula exaggerates plan for the 2018 benefit year. Some premium rather than statewide average differences in risk because it does not commenters stated that the risk premium could improve the risk address plan coding differences. adjustment program is working as adjustment formula, stating that issuers Response: We agree with the majority intended, by compensating issuers would not be able to inflate their of commenters that use of statewide based on their enrollees’ health status, premiums to ‘‘game’’ the risk average premium will maintain the that is, transferring funds from issuers adjustment system due to other PPACA integrity of the risk adjustment program with predominately low-risk enrollees requirements such as medical loss ratio, by discouraging the creation of benefit to those with a higher-than-average rate review, and essential health designs and marketing strategies to share of high-risk enrollees. One benefits, as well as state insurance avoid high-risk enrollees and promoting commenter stated that the program has regulations, including oversight of market stability and predictability. The been highly effective at reducing loss- marketing practices intended to avoid benefits of using statewide average ratios and ensuring that issuers can sicker enrollees. premium as the cost scaling factor in the operate efficiently, without concern for However, other commenters opposed risk adjustment state payment transfer significant swings in risk from year to the use of a plan’s own premium in the formula extend beyond its role in year. Although some commenters risk adjustment formula based on a maintaining the budget neutrality of the requested refinements to ensure that the concern that it would undermine the program. Consistent with the statute, methodology does not unintentionally risk adjustment program and create under the HHS-operated risk adjustment harm smaller, newer, or innovative incentives for issuers to avoid enrolling program, each plan in the risk pool issuers, a different commenter noted high-cost individuals. Some receives a risk adjustment payment or that the results for all prior benefit years commenters noted the difficulty of charge designed to take into account the of the risk adjustment program do not plan’s risk compared to a plan with support the assertion that the risk 13 Available at https://downloads.cms.gov/cciio/ average risk. The statewide average adjustment methodology undermines Summary-Report-Risk-Adjustment-2017.pdf. premium reflects the statewide average 14 American Academy of Actuaries, ‘‘Insights on small health plans. This commenter the ACA Risk Adjustment Program,’’ April 2016. cost and efficiency level and acts as the noted that the July 9, 2018 ‘‘Summary Available at http://actuary.org/files/imce/Insights_ cost scaling factor in the state payment Report on Permanent Risk Adjustment on_the_ACA_Risk_Adjustment_Program.pdf. transfer formula under the HHS- Transfers for the 2017 Benefit Year’’ 15 Oliver Wyman, ‘‘A Story in 4 Charts, Risk operated risk adjustment methodology. found a very strong correlation between Adjustment in the Non-Group Market in 2014,’’ HHS chose to use statewide average February 24, 2016. Available at https:// the amount of paid claims and the health.oliverwyman.com/2016/02/a_story_in_four_ premium to encourage issuers to rate for direction and scale of risk adjustment char.html. the average risk, to automatically

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achieve equality between risk issuer has lower premiums than the relative to the average that can be adjustment payments and charges in average, since an issuer’s low premium assigned to each enrollee. We then use each benefit year, and to avoid the could be the result of efficiency, an enrollee’s plan selection and creation of incentives for issuers to mispricing, or a strategy to gain market diagnoses during the benefit year to operate less efficiently, set higher share. In all, the advantages of using assign a risk score. Although the HHS prices, or develop benefits designs or statewide average premium outweigh risk adjustment models are calibrated on create marketing strategies to avoid the possibility that the use of a plan’s national data, and average costs can high-risk enrollees. own premium could result in better vary between geographic areas, relative HHS considered and again declined reflection of care or cost management, actuarial risk differences are generally in the 2018 Payment Notice to adopt the given the overall disadvantages, similar nationally. The solved use of each plan’s own premium in the outlined above, of using a plan’s own coefficients from the risk adjustment state payment transfer formula.16 As we premium. HHS does not agree that use models are then used to evaluate noted in the 2018 Payment Notice, use of statewide average premium penalizes actuarial risk differences between plans. of a plan’s own premium would likely efficient issuers or that it rewards The risk adjustment state payment lead to substantial volatility in transfer issuers for raising rates. transfer formula then further evaluates results and could result in even higher Consistent with the 2018 Payment the plan’s actuarial risk based on transfer charges for low-risk, low- Notice,17 beginning with the 2018 enrollees’ health risk, after accounting premium plans because of the program’s benefit year, this final rule adopts the 14 for factors a plan could have rated for, budget neutrality. Under such an percent reduction to the statewide including metal level, the prevailing approach, high-risk, high-premium average premium to account for level of expenditures in the geographic plans would require even greater administrative costs that are unrelated areas in which the enrollees live, the transfer payments. If HHS applied a to the claims risk of the enrollee effect of coverage on utilization balancing adjustment in favor of these population. While low cost plans are (induced demand), and the age and plans to maintain the budget-neutral not necessarily efficient plans,18 we family structure of the subscribers. This nature of the program after transfers believe this adjustment differentiates relative plan actuarial risk difference have been calculated using a plan’s own between premiums that reflect savings compared to the state market risk pool premium, low-risk, low-premium plans resulting from administrative efficiency average is then scaled to the statewide would be required to pay in an even from premiums that reflect healthier- average premium. The use of statewide higher percentage of their plan-specific than-average enrollees. As detailed in average premium as a cost-scaling factor premiums in risk adjustment transfer the 2018 Payment Notice,19 to derive requires plans to assess actuarial risk, charges due to the need to maintain this parameter, we analyzed and therefore scales transfers to budget neutrality. Furthermore, administrative and other non-claims actuarial differences between plans in payments to high-risk, low-premium expenses in the Medical Loss Ratio state market risk pool(s), rather than plans that are presumably more efficient (MLR) Annual Reporting Form and differences in premium. than high-risk, high-premium plans estimated, by category, the extent to would be reduced, incentivizing such We have been continuously which the expenses varied with claims. evaluating whether improvements are plans to inflate premiums. In other We compared those expenses to the words, the use of a plan’s own premium needed to the risk adjustment total costs that issuers finance through methodology, and will continue to do so in this scenario would neither reduce premiums, including claims, risk adjustment charges for low-cost and as additional years’ data become administrative expenses, and taxes, and available. We decline to amend the risk low-risk issuers, nor would it determined that the mean incentivize issuers to operate at the adjustment methodology to include the administrative cost percentage in the Care Management Effectiveness index or average efficiency. Alternatively, individual, small group and merged application of a balancing adjustment in a similar adjustment at this time. Doing markets is approximately 14 percent. so would be beyond the scope of this favor of low-risk, low-premium plans We believe this amount represents a could have the effect of under- rulemaking, which addresses the use of reasonable percentage of administrative statewide average premium and the compensating high-risk plans, costs on which risk adjustment should increasing the likelihood that such operation of the risk adjustment not be calculated. plans would raise premiums. In program in a budget-neutral manner. A We disagree that the HHS-operated change of this magnitude would require addition, if the application of a risk adjustment methodology does not balancing adjustment was split equally significant study and evaluation. reflect relative actuarial risk or that the Although this type of change is not between high-risk and low-risk plans, use of statewide average premium such an after-the-fact adjustment, would feasible at present, we will examine the indicates otherwise. In fact, the risk feasibility, specificity, and sensitivity of create uncertainty and instability in the adjustment models estimate a plan’s market(s), and would incentivize issuers measuring care management relative actuarial risk across actuarial to increase premiums to receive effectiveness through enrollee-level value metal levels, also referred to as additional risk adjustment payments or EDGE data for the individual, small ‘‘simulated plan liability,’’ by estimating to employ risk-avoidance techniques. As group and merged markets, and the the total costs a plan is expected to be such, we agree with the commenters benefits of incorporating such measures liable for based on its enrollees’ age, sex, that challenges associated with pricing in the risk adjustment methodology in hierarchical condition categories for transfers based on a plan’s own future benefit years, either through (HCCs), actuarial value, and cost-sharing premium would create pricing rulemaking or other opportunities in structure. Therefore, this ‘‘simulated instability in the market, and introduce which the public can submit comments. plan liability’’ reflects the actuarial risk incentives for issuers to attract lower- We believe that a robust risk adjustment program encourages issuers to adopt risk enrollees to avoid paying their fair 17 share. We also agree that it is very 81 FR 94099. incentives to improve care management 18 If a plan is a low-cost plan with low claims difficult to determine the reason an costs, it could be an indication of mispricing, as the effectiveness, as doing so would reduce issuer should be pricing for average risk. plans’ medical costs. As we stated 16 81 FR 94100. 19 81 FR 94100. above, use of statewide average

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premium in the risk adjustment state in lawsuits other than the New Mexico percent to account for the proportion of payment transfer formula incentivizes case. One commenter further requested administrative costs that do not vary plans to apply effective care that HHS reopen rulemaking with claims, beginning with the 2018 management techniques to reduce proceedings, reconsider, and revise the benefit year.21 HHS also modified the losses, whereas use of a plan’s own Payment Notices for the 2017 and 2019 risk adjustment methodology by premium could be inflationary as it benefit years under section 553(e) of the incorporating a high-cost risk pool benefits plans with higher-than-average Administrative Procedure Act. calculation to mitigate residual costs and higher-than-average Response: We appreciate the feedback incentive for risk selection to avoid premiums. on potential improvements to the risk high-cost enrollees, to better account for We are sympathetic to commenters’ adjustment program, and will continue the average risk associated with the concerns about plan coding differences, to consider the suggestions, analysis, factors used in the HHS risk adjustment and recognize that there is substantial and comments received from models, and to ensure that the actuarial variation in provider coding practices. commenters for potential changes to risk of a plan with high-cost enrollees is We are continuing to strengthen the risk future benefit years. This rulemaking is better reflected in risk adjustment adjustment data validation program to intended to provide additional transfers to issuers with high actuarial ensure that conditions reported for risk explanation regarding the operation of risk.22 Other recent changes made to the adjustment are accurately coded and the program in a budget-neutral manner HHS-operated risk adjustment supported by medical records, and will and the use of statewide average methodology include the incorporation adjust risk scores (and subsequently, premium for the 2018 benefit year, of a partial year adjustment factor and risk adjustment transfers) beginning consistent with the February 2018 prescription drug utilization factors.23 with 2017 benefit year data validation decision of the district court. It also Furthermore, as outlined above, HHS results to encourage issuers to continue requires an expedited timeframe to stated in the 2019 Payment Notice that to improve the accuracy of data used to maintain stability in the health it would recalibrate the risk adjustment compile risk scores and preserve insurance markets following the district model using 2016 enrollee-level EDGE confidence in the HHS-operated risk court’s vacatur of the use of statewide data to better reflect individual, small adjustment program. average premium in the HHS-operated group and merged market Comment: Some commenters risk adjustment methodology for the populations.24 We also consistently seek provided suggestions to improve the 2018 benefit year. We intend to methods to support states’ authority and risk adjustment methodology, such as continue to evaluate approaches to provide states with flexible options, different weights for metal tiers, improve the risk adjustment models’ while ensuring the success of the risk multiple mandatory data submission calibration to reflect the individual, adjustment program.25 We respond to deadlines, reducing the magnitude of small group and merged markets comments regarding options available to risk scores across the board, and fully actuarial risk and review additional states with respect to the risk removing administrative expenses from years’ data as they become available to adjustment program below. We the statewide average premium. One evaluate all aspects of the HHS-operated appreciate the commenters’ input and commenter stated that, while it did not risk adjustment methodology. We also will continue to examine options for conceptually take issue with the use of continue to encourage issuers to submit potential changes to the HHS-operated statewide average premium, the EDGE server data earlier and more risk adjustment methodology in future payment transfer formula under the completely for future benefit years. notice with comment rulemaking. HHS-operated risk adjustment However, the scope of the proposed rule The requests related to the 2017 and methodology creates market distortions was limited to the use of statewide 2019 benefit year rulemakings are and causes overstatement of relative risk average premium and the budget-neutral outside the scope of the proposed rule differences among issuers. This nature of the risk adjustment program and this final rule, which is limited to commenter cited concerns with the use ® for the 2018 benefit year, and the 2018 benefit year. of the Truven MarketScan data to consequently, we decline to adopt the Comment: One commenter suggested calculate plan risk scores under the various suggestions offered by that states should have broad authority HHS risk adjustment models, and commenters regarding potential to cap and limit risk adjustment suggested incorporating an adjustment improvements to the 2018 benefit year transfers and charges as necessary, to the calculation of plan risk scores ® HHS-operated risk adjustment stating that the requirements associated until the MarketScan data is no longer methodology as to other issues because with the flexibility HHS granted to used. they are outside the scope of this rule. states to request a reduction to risk A few commenters stressed the We reiterate that HHS is always adjustment transfers beginning in 2020 importance of making changes considering possible ways to improve are too onerous and unclear. The thoughtfully and over time, and one the risk adjustment methodology for commenter noted that state regulators encouraged HHS to actively seek future benefit years. For example, in the know their markets best and should improvements to avoid unnecessary 2018 Payment Notice, based on have the discretion and authority to litigation. Several commenters, while comments received for the 2017 implement their own remedial measures supportive of the proposed rule and its Payment Notice and the March 31, 2016, without seeking HHS’s permission. use for the 2018 benefit year, generally HHS-Operated Risk Adjustment Conversely, one commenter specifically stated that the risk adjustment Methodology Meeting Discussion supported the state flexibility policy set methodology should continue to be Paper,20 HHS made multiple forth in § 153.320(d). A few commenters improved prospectively. Another adjustments to the risk adjustment requested that states be allowed to commenter stated that the proposed rule models and state payment transfer establish alternatives to statewide did not do enough to improve the risk formula, including reducing the adjustment program, and encouraged statewide average premium by 14 21 See 81 FR 94100. HHS to review and consider suggestions 22 See 81 FR 94080. to improve the risk adjustment 20 https://www.cms.gov/CCIIO/Resources/Forms- 23 See 81 FR at 94071 and 94074. methodology in order to promote Reports-and-Other-Resources/Downloads/RA- 24 See 83 FR 16940. stability and address the concerns raised March-31-White-Paper-032416.pdf. 25 Id. and 81 FR 29146.

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average premium, with one suggesting along with any lessons learned from states may request a reduction in the that this change begin with the 2020 2020 benefit year requests. transfer amounts calculated under the benefit year, and providing as an HHS has consistently acknowledged HHS-operated methodology to address example the idea that HHS could permit the role of states as primary regulators 29 state-specific rules or market dynamics states to aggregate the average premiums of their insurance markets, and we to more precisely account for the of two or more distinct geographic continue to encourage states to examine expected cost of relative risk differences markets within a state. local approaches under state legal in the state’s market risk pool(s). Response: HHS continually seeks to authority as they deem appropriate. Finally, HHS has consistently sought provide states with flexibility to Comment: One commenter detailed to increase the predictability and determine what is best for their state the impact of the HHS-operated risk certainty of transfer amounts in order to markets. Section 1343 of the PPACA adjustment methodology on the promote the premium stabilization goal provides states authority to operate their commenter, the CO–OP program’s of the risk adjustment program. own state risk adjustment programs. general struggles, and the challenges Statewide average premium provides Under this authority, a state remains faced by some non-CO–OP issuers, greater predictability of an issuer’s final free to elect to operate the risk stating that this is evidence that the risk adjustment receivables than use of adjustment program and tailor it to its HHS-operated risk adjustment a plan’s own premium, and we disagree markets, which could include methodology is flawed. The commenter with comments stating that the use of a establishing alternatives to the statewide urged HHS to make changes discussed plan’s own premium in the risk average premium methodology or above to the methodology to address adjustment transfer formula would aggregating the average premiums of what it maintains are unintended result in greater predictability in two or more distinct geographic markets financial impacts on small issuers that pricing. As discussed previously, if a within a state. If a state does not elect are required to pay large risk adjustment plan’s own premium is used as a scaling to operate the risk adjustment program, charges, and also challenged the factor, risk adjustment transfers would HHS is required to do so.26 No state assertion that the current risk not be budget neutral. After-the-fact elected to operate the risk adjustment adjustment methodology is predictable. adjustments would be necessary in program for the 2018 benefit year; Response: HHS previously recognized order for issuers to receive the full therefore, HHS is responsible for and acknowledged that certain issuers, amount of calculated payments, creating operating the program in all 50 states including a limited number of newer, uncertainty and lack of predictability. and the District of Columbia. rapidly growing, or smaller issuers, In the 2019 Payment Notice, HHS owed substantial risk adjustment III. Provisions of the Final Regulations adopted § 153.320(d) to provide states charges that they did not anticipate in After consideration of the comments the flexibility, when HHS is operating the initial years of the program. HHS received, this final rule adopts the HHS- the risk adjustment program, to request has regularly discussed with issuers and operated risk adjustment methodology a reduction to the otherwise applicable state regulators ways to encourage new for the 2018 benefit year which utilizes risk adjustment transfers in the participation in the health insurance statewide average premium and individual, small group, or merged markets and to mitigate the effects of operates the program in a budget-neutral 27 markets by up to 50 percent. This substantial risk adjustment charges. manner, as established in the final rules flexibility was established to provide Program results discussed earlier have published in the March 23, 2012 and the states the opportunity to seek state- shown that the risk adjustment December 22, 2016 editions of the specific adjustments to the HHS- methodology has worked as intended, Federal Register. operated risk adjustment methodology that risk adjustment transfers correlate IV. Collection of Information without the necessity of operating their with the amount of paid claims rather Requirements own risk adjustment programs. It is than issuer size, and that no systemic offered beginning with the 2020 benefit bias is found when risk adjustment This document does not impose year risk adjustment transfers and, since receipts are analyzed by health plan information collection requirements, it involves an adjustment to the member months. We created an interim that is, reporting, recordkeeping, or transfers calculated by HHS, it will risk adjustment reporting process, third-party disclosure requirements. require review and approval by HHS. beginning with the 2015 benefit year, to Consequently, there is no need for States requesting such reductions must provide issuers and states with review by the Office of Management and substantiate the transfer reduction preliminary information about the Budget under the authority of the requested and demonstrate that the applicable benefit year’s geographic cost Paperwork Reduction Act of 1995 (44 actuarial risk differences in plans in the factor, billable member months, and U.S.C. 3501, et seq.). applicable state market risk pool are state averages such as monthly attributable to factors other than V. Regulatory Impact Analysis 28 premiums, plan liability risk score, systematic risk selection. The process allowable rating factor, actuarial value, A. Statement of Need will give HHS the necessary information and induced demand factors by market. to evaluate the flexibility requests. We The proposed rule and this final rule States may pursue local approaches were published in light of the February appreciate the comments offered on this under state legal authority to address flexibility, but note that they are outside 2018 district court decision described concerns related to insolvencies and above that vacated the use of statewide the scope of the proposed rule, which competition, including in instances was limited to the 2018 benefit year and average premium in the HHS-operated where certain state laws or regulations risk adjustment methodology for the did not propose any changes to the differentially affect smaller or newer process established in § 153.320(d). 2014–2018 benefit years. This final rule issuers. In addition, as detailed above, adopts the HHS-operated risk However, we will continue to consider beginning with the 2020 benefit year, commenter feedback on the process, adjustment methodology for the 2018 benefit year, maintaining the use of 29 See 83 FR 16955. Also see 81 FR 29146 at 26 See section 1321(c) of the PPACA. 29152 (May 11, 2016), available at https:// statewide average premium as the cost- 27 See 83 FR 16955. www.gpo.gov/fdsys/pkg/FR-2016-05-11/pdf/2016- scaling factor in the HHS-operated risk 28 See § 153.320(d) and 83 FR 16960. 11017.pdf. adjustment methodology and the

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continued operation of the program in a estimated under the HHS-operated risk Region (PIR), 1845 Wasp Blvd., Bldg. budget-neutral manner, to protect adjustment methodology established in 176, Honolulu, HI 96818. consumers from the effects of adverse those final rules. The approximate The Fishery Ecosystem Plan for selection and premium increases that estimated risk adjustment transfers for Pelagic Fisheries of the Western Pacific would result from issuer uncertainty. the 2018 benefit year are $4.8 billion. As (Pelagic FEP) is available from the The Premium Stabilization Rule, such, we also incorporate into this final Western Pacific Fishery Management previous Payment Notices, and other rule the RIA in the 2018 Payment Notice Council (Council), 1164 Bishop St., rulemakings noted above provided proposed and final rules.30 This final detail on the implementation of the risk rule is not subject to the requirements Suite 1400, Honolulu, HI 96813, tel adjustment program, including the of Executive Order 13771 (82 FR 9339, 808–522–8220, fax 808–522–8226, or specific parameters applicable for the February 3, 2017) because it is expected http://www.wpcouncil.org. 2018 benefit year. to result in no more than de minimis FOR FURTHER INFORMATION CONTACT: B. Overall Impact costs. Rebecca Walker, NMFS PIRO We have examined the impact of this Dated: November 16, 2018. Sustainable Fisheries, 808–725–5184. rule as required by Executive Order Seema Verma, SUPPLEMENTARY INFORMATION: In a final 12866 on Regulatory Planning and Administrator, Centers for Medicare & rule published on October 23, 2018, Review (September 30, 1993), Executive Medicaid Services. NMFS specified a 2018 limit of 2,000 t Order 13563 on Improving Regulation Dated: November 19, 2018. of longline-caught bigeye tuna for the and Regulatory Review (January 18, Alex M. Azar II, U.S. Pacific Island territories of 2011), the Regulatory Flexibility Act Secretary, Department of Health and Human American Samoa, Guam, and the CNMI (RFA) (September 19, 1980, Pub. L. 96– Services. (83 FR 53399). NMFS allows each 354), section 1102(b) of the Social [FR Doc. 2018–26591 Filed 12–7–18; 8:45 am] territory to allocate up to 1,000 t of the Security Act, section 202 of the BILLING CODE 4120–01–P 2,000 t limit to U.S. longline fishing Unfunded Mandates Reform Act of 1995 vessels identified in a valid specified (March 22, 1995; Pub. L. 104–4), fishing agreement. Executive Order 13132 on Federalism DEPARTMENT OF COMMERCE (August 4, 1999), the Congressional On November 19, 2018, NMFS Review Act (5 U.S.C. 804(2)), and National Oceanic and Atmospheric received from the Council a specified Executive Order 13771 on Reducing Administration fishing agreement between the Regulation and Controlling Regulatory government of American Samoa and Costs. Executive Orders 12866 and 50 CFR Part 665 Quota Management, Inc. (QMI). The 13563 direct agencies to assess all costs Council’s Executive Director advised and benefits of available regulatory RIN 0648–XG025 that the specified fishing agreement was alternatives and, if regulation is Pacific Island Pelagic Fisheries; 2018 consistent with the criteria set forth in necessary, to select regulatory 50 CFR 665.819(c)(1). NMFS reviewed approaches that maximize net benefits U.S. Territorial Longline Bigeye Tuna Catch Limits for American Samoa the agreement and determined that it is (including potential economic, consistent with the Pelagic FEP, the environmental, public health and safety AGENCY: National Marine Fisheries Magnuson-Stevens Fishery effects, distributive impacts, and Service (NMFS), National Oceanic and Conservation and Management Act, equity). A regulatory impact analysis Atmospheric Administration (NOAA), implementing regulations, and other (RIA) must be prepared for major rules Commerce. with economically significant effects applicable laws. ($100 million or more in any one year). ACTION: Announcement of a valid In accordance with 50 CFR 300.224(d) OMB has determined that this final specified fishing agreement. and 50 CFR 665.819(c)(9), vessels rule is ‘‘economically significant’’ SUMMARY: NMFS announces a valid identified in the agreement may retain within the meaning of section 3(f)(1) of specified fishing agreement that and land bigeye tuna in the western and Executive Order 12866, because it is allocates up to 1,000 metric tons (t) of central Pacific Ocean under the likely to have an annual effect of $100 the 2018 bigeye tuna limit for the American Samoa limit. NMFS will million in any 1 year. In addition, for Territory of American Samoa to begin attributing bigeye tuna caught by the reasons noted above, OMB has identified U.S. longline fishing vessels. vessels identified in the agreement to determined that this final rule is a major The agreement supports the long-term American Samoa starting on December rule under the Congressional Review sustainability of fishery resources of the 10, 2018. This is seven days before Act. This final rule offers further U.S. Pacific Islands, and fisheries December 17, 2018, which is the date explanation of budget neutrality and the development in American Samoa. NMFS forecasted the fishery would use of statewide average premium in the DATES: December 7, 2018. reach the CNMI bigeye tuna allocation risk adjustment state payment transfer ADDRESSES: NMFS prepared limit. If NMFS determines that the formula when HHS is operating the environmental analyses that describe fishery will reach the American Samoa permanent risk adjustment program the potential impacts on the human 1,000-t attribution, we would restrict the established by section 1343 of the environment that would result from the retention of bigeye tuna caught by PPACA on behalf of a state for the 2018 action. The analyses, identified by vessels identified in the agreement, benefit year. We note that we previously NOAA–NMFS–2018–0026, are available unless the vessels are included in a estimated transfers associated with the from https://www.regulations.gov/ subsequent specified fishing agreement risk adjustment program in the Premium docket?D=NOAA-NMFS-2018-0026, or with another U.S. territory, and we Stabilization Rule and the 2018 from Michael D. Tosatto, Regional would publish a notice to that effect in Payment Notice, and that the provisions Administrator, NMFS Pacific Islands the Federal Register. of this final rule do not change the risk Authority: 16 U.S.C. 1801 et seq. adjustment transfers previously 30 81 FR 61455 and 81 FR 94058.

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Dated: December 4, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–26616 Filed 12–7–18; 8:45 am] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 236

Monday, December 10, 2018

This section of the FEDERAL REGISTER the Department of Labor (DOL)’s Docket request, in large print and electronic file contains notices to the public of the proposed No. ETA–2018–0003 or Regulatory on computer disk. To schedule an issuance of rules and regulations. The Information Number (RIN) 1205–AB91, appointment to review the comments purpose of these notices is to give interested by any of the following methods: and/or obtain the proposed rule in an persons an opportunity to participate in the alternative format, contact the Office of rule making prior to the adoption of the final —Federal e-Rulemaking Portal: http:// rules. www.regulations.gov. Follow the Policy Development and Research at website instructions for submitting (202) 693–3700 (this is not a toll-free comments (under ‘‘Help’’ > ‘‘How to number). You may also contact Adele DEPARTMENT OF HOMELAND use Regulations.gov’’). Gagliardi, Administrator, Office of SECURITY —Mail and Hand Delivery/Courier: Policy Development and Research, U.S. Submit written comments and any Department of Labor, 200 Constitution U.S. Citizenship and Immigration additional material to Adele Avenue NW, Room N–5641, Services Gagliardi, Administrator, Office of Washington, DC 20210. Comments under the Paperwork RIN 1615–AC33 Policy Development and Research, U.S. Department of Labor, 200 Reduction Act (PRA): In addition to filing comments with ETA, persons DEPARTMENT OF LABOR Constitution Avenue NW, Room N– 5641, Washington, DC 20210. wishing to comment on the information collection (IC) aspects of the proposed Employment and Training Instructions: All submissions must rule may send comments to: Office of Administration include the agencies’ names and the DOL RIN 1205–AB91. Please submit Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–ETA, 20 CFR Part 655 your comments by only one method. Please be advised that DOL will post all Office of Management and Budget, RIN 1205–AB91 comments received that relate to the Room 10235, 725 17th Street NW, Washington, DC 20503, Fax: (202) 395– [Docket No. ETA–2018–0003] notice of proposed rulemaking (NPRM) 6881 (this is not a toll-free number), on http://www.regulations.gov without _ Modernizing Recruitment making any change to the comments or email: OIRA [email protected]. Requirements for the Temporary redacting any information. See Paperwork Reduction Act section of Employment of H–2B Foreign Workers The http://www.regulations.gov the proposed rule for particular areas of in the United States; Extension of website is the Federal e-rulemaking interest. Comment Period portal, and all comments posted there FOR FURTHER INFORMATION CONTACT: are available and accessible to the Regarding the Department of Labor: AGENCIES: U.S. Citizenship and public. Therefore, DOL recommends Thomas M. Dowd, Deputy Assistant Immigration Services, Department of that commenters remove personal Secretary, Employment and Training Homeland Security; and Employment information (either about themselves or Administration, Department of Labor, and Training Administration, others) such as Social Security Box #12–200, 200 Constitution Ave. Department of Labor. Numbers, personal addresses, telephone NW, Washington, DC 20210, telephone ACTION: Notice of proposed rulemaking; numbers, and email addresses included (202) 513–7350 (this is not a toll-free extension of comment period. in their comments, as such information number). Regarding the Department of may become easily available to the Homeland Security: Kevin J. Cummings, SUMMARY: This document extends the public via the http:// Chief, Business and Foreign Workers period for submitting written comments www.regulations.gov website. It is the Division, Office of Policy and Strategy, on the Notice of Proposed Rulemaking responsibility of the commenter to U.S. Citizenship and Immigration (NPRM) entitled Modernizing safeguard personal information. Services, Department of Homeland Recruitment Requirements for the Also, please note that, due to security Security, 20 Massachusetts Ave. NW, Temporary Employment of H–2B concerns, postal mail delivery in Suite 1100, Washington, DC 20529– Foreign Workers in the United States. Washington, DC may be delayed. 2120, telephone (202) 272–8377 (not a The comment period was initially Therefore, DOL encourages the public to toll-free call). Individuals with hearing scheduled to end on December 10, 2018. submit comments on http:// or speech impairments may access the The Department of Homeland Security www.regulations.gov. Docket: To read or telephone numbers above via TTY by and the Department of Labor download comments or other material calling the toll-free Federal Information (collectively, the Departments) are in the electronic docket, go to http:// Relay Service at 1–877–889–5627 (TTY/ taking this action to provide interested www.regulations.gov website (search TDD). parties additional time to submit using RIN 1205–AB91 or Docket No. SUPPLEMENTARY INFORMATION: On comments in response to requests for an ETA–2018–0003). DOL also will make November 9, 2018, the Departments extension of the commenting period. all the comments it receives available published an NPRM in the Federal DATES: The comment period for the for public inspection by appointment Register at 83 FR 55977, proposing proposed rule published on November during normal business hours at the regulatory revisions that would 9, 2018, at 83 FR 55977, is extended. above address. If you need assistance to modernize the recruitment an employer Comments must be received on or review the comments, DOL will provide seeking H–2B nonimmigrant workers before December 28, 2018. appropriate aids, such as readers or must conduct when applying for a ADDRESSES: You may send comments, print magnifiers. DOL will make copies temporary labor certification. In identified by the agencies’ names and of the proposed rule available, upon particular, the Departments are

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proposing to replace the print adjust the dollar amounts in the EFA 1801 K Street NW (between 18th and newspaper advertisements that their Act every five years by the aggregate 19th Streets NW), between 9:00 a.m. and regulations currently require with annual percentage increase in the 5:00 p.m. on weekdays. electronic advertisements posted on the Consumer Price Index for Wage Earners Bureau: You may submit comments, internet, which the Departments believe and Clerical Workers (CPI–W) rounded identified by Docket No. CFPB–2018– will be a more effective and efficient to the nearest multiple of $25. The 2018 0035 or RIN 3170–AA31, by any of the means of disseminating information Proposal would also implement the following methods: about job openings to U.S. workers. Economic Growth, Regulatory Relief, • Federal eRulemaking Portal: http:// The NPRM requested public and Consumer Protection Act www.regulations.gov. Follow the comments on the proposed changes on (EGRRCPA) amendments to the EFA instructions for submitting comments. or before December 10, 2018. The Act, which include extending coverage • Email: FederalRegisterComments@ Departments have received a request to to American Samoa, the Commonwealth cfpb.gov. Include Docket No. CFPB– extend the comment period to allow the of the Northern Mariana Islands, and 2018–0035 or RIN 3170–AA31 in the public to provide further input on the Guam, and would make certain other subject line of the email. • proposed changes. In light of the technical amendments. Mail/Hand Delivery/Courier: request, the Departments have extended With regard to reopening comments Comment Intake, Bureau of Consumer the period for submitting public on the 2011 Funds Availability Financial Protection, 1700 G Street, NW, comment to December 28, 2018. Proposal, the Board published proposed Washington, DC 20552. amendments to Regulation CC in the Instructions: All submissions should Molly E. Conway, Federal Register on March 25, 2011. As include the agency name and docket Acting Assistant Secretary for Employment discussed in SUPPLEMENTARY number or Regulatory Information and Training Administration, Department of INFORMATION, the Board and the Bureau Number (RIN) for this rulemaking. Labor. now have joint rulemaking authority Because paper mail in the Washington, L. Francis Cissna, with respect to part of Regulation CC, DC area and at the Bureau is subject to Director, United States Citizenship and related definitions, and appendices of delay, commenters are encouraged to Immigration Services. the amendments that the Board submit comments electronically. In [FR Doc. 2018–26767 Filed 12–6–18; 4:15 pm] proposed on that date. The Board and general, all comments received will be BILLING CODE 4510–FP–P; 9111–97–P the Bureau are reopening the comment posted without change to http:// period for the 2011 Funds Availability www.regulations.gov. In addition, Proposal. comments will be available for public inspection and copying at 1700 G Street FEDERAL RESERVE SYSTEM DATES: Comments on the 2018 Proposal and the 2011 Funds Availability NW, Washington, DC 20552, on official 12 CFR Part 229 Proposal must be received on or before business days between the hours of 10 February 8, 2019. a.m. and 5 p.m. Eastern Time. You can [Regulation CC; Docket No. R–1637] make an appointment to inspect the ADDRESSES: Comments should be RIN 7100–AF 28 documents by telephoning (202) 435– directed to: 7275. BUREAU OF CONSUMER FINANCIAL Board: You may submit comments, All comments, including attachments PROTECTION identified by Docket No. R–1637; RIN and other supporting materials, will 7100 AF–28, by any of the following become part of the public record and methods: 12 CFR Part 1030 • subject to public disclosure. Sensitive Agency website: http:// personal information, such as account [Docket No. CFPB–2018–0035] www.federalreserve.gov. Follow the numbers or Social Security numbers, instructions for submitting comments at RIN 3170–AA31 should not be included. Comments will http://www.federalreserve.gov/ not be edited to remove any identifying Availability of Funds and Collection of generalinfo/foia/ProposedRegs.cfm. or contact information. • Email: regs.comments@ Checks (Regulation CC) FOR FURTHER INFORMATION CONTACT: federalreserve.gov. Include the docket Board: Gavin L. Smith, Senior Counsel AGENCY: Board of Governors of the number and RIN in the subject line of (202) 452–3474, Legal Division, or Ian Federal Reserve System (Board) and the message. C.B. Spear, Manager (202) 452–3959, Bureau of Consumer Financial • Fax: (202) 452–3819 or (202) 452– Division of Reserve Bank Operations Protection (Bureau). 3102. • Mail: Ann E. Misback, Secretary, and Payment Systems; for users of ACTION: Proposed rule and reopening of Telecommunications Device for the Deaf comment period for existing proposed Board of Governors of the Federal Reserve System, 20th Street and (TDD) only, contact (202) 263–4869. rule. Bureau: Joseph Baressi and Marta Constitution Avenue NW, Washington, Tanenhaus, Senior Counsels, Office of SUMMARY: The Board and the Bureau DC 20551. Regulations, at (202) 435–7700. If you (Agencies) are proposing amendments All public comments will be made require this document in an alternative to Regulation CC, which implements the available on the Board’s website at electronic format, please contact CFPB_ Expedited Funds Availability Act (EFA http://www.federalreserve.gov/ [email protected]. Act) (2018 Proposal), and are also generalinfo/foia/ProposedRegs.cfm as providing an additional opportunity for submitted, unless modified for technical SUPPLEMENTARY INFORMATION: public comment on certain amendments reasons or to remove personally I. 2018 Proposal to Regulation CC that the Board identifiable information at the proposed in 2011 (2011 Funds commenter’s request. Accordingly, A. Background Availability Proposal). In the 2018 comments will not be edited to remove Regulation CC (12 CFR part 229) Proposal, the Agencies are proposing a any identifying or contact information. implements the Expedited Funds calculation methodology for Public comments may also be viewed Availability Act (EFA Act) and the implementing a statutory requirement to electronically or in paper in Room 3515, Check Clearing for the 21st Century Act

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(Check 21 Act).1 Subpart B of the Secretary of the Treasury, July 21, The Agencies anticipate publishing the Regulation CC implements the 2011.8 Section 609(a) of the EFA Act, as second set of adjustments in the first requirements set forth in the EFA Act amended by section 1086(d) of the quarter of 2024. They propose that the regarding the availability schedules Dodd-Frank Act,9 provides that the second set of adjustments have an within which banks must make funds Board and the Director of the Bureau effective date of April 1, 2025. The available for withdrawal, exceptions to shall jointly prescribe regulations to Agencies propose that each subsequent those schedules, disclosure of funds carry out the provisions of the EFA Act, set of adjustments have an effective date availability policies, and payment of to prevent the circumvention or evasion of April 1 of every fifth year after 2025. interest. The EFA Act and subpart B of of such provisions, and to facilitate The proposed effective dates should Regulation CC contain specified dollar compliance with such provisions. provide institutions with sufficient time amounts, including the minimum Additionally, section 1086(f) of the to make any necessary disclosure and amount of deposited funds that banks Dodd-Frank Act added section 607(f) of software changes.11 The Agencies must make available for withdrawal by the EFA Act, which provides that the request comment on the proposed opening of business on the next day for dollar amounts under the EFA Act shall effective dates for the adjustments. The certain check deposits (‘‘minimum be adjusted every five years after Agencies request that entities affected amount’’),2 the amount a bank must December 31, 2011, by the annual by the adjustments provide details of make available when using the EFA percentage increase in the Consumer the measures that would be necessary to Act’s permissive adjustment to the Price Index for Urban Wage Earners and implement them. funds-availability rules for withdrawals Clerical Workers (CPI–W), as published C. Proposed Methodology for by cash or other means (‘‘cash by the Bureau of Labor Statistics, Adjustments withdrawal amount’’),3 the amount of rounded to the nearest multiple of funds deposited by certain checks in a $25.10 Section 607(f) does not specify which new account that are subject to next-day month’s CPI–W should be used to availability (‘‘new-account amount’’),4 B. Proposed Effective Dates for measure inflation. The Agencies the threshold for using an exception to Adjustments propose to use the July CPI–W, which the funds-availability schedules when The Agencies believe that section is released by the Bureau of Labor the aggregate amount of checks on any 607(f) is reasonably interpreted to Statistics in August. The Agencies one banking day exceed the threshold provide for five years to elapse between propose to use the aggregate percentage amount (‘‘large-deposit threshold’’),5 the a given set of adjustments and the next change in the CPI–W from July 2011 to threshold for determining whether an set of adjustments, with the first set of July 2018 as the initial inflation account has been repeatedly overdrawn adjustments occurring sometime after measurement period for the first set of (‘‘repeatedly overdrawn threshold’’),6 December 31, 2011. As regulators of adjustments. (As discussed above, the and the civil liability amounts for failing financial institutions, the Agencies are Agencies anticipate that the first set of to comply with the EFA Act’s familiar with the challenges that adjustments would be published as a requirements.7 institutions can face if changes to final rule in the first quarter of 2019 and The Dodd-Frank Wall Street Reform regulatory requirements are too frequent propose that it have an effective date of and Consumer Protection Act (Dodd- or abrupt. The Agencies believe that April 1, 2020.) The second set of Frank Act) made certain amendments to Congress intended to balance that adjustments would be based on the the EFA Act, and these amendments concern with the need to prevent the aggregate percentage change in the CPI– were effective on a date designated by EFA Act’s dollar amounts from being W for an inflation measurement period eroded by inflation. Congress did so by that begins in July 2018 and ends in July 1 Expedited Funds Availability Act, 12 U.S.C. providing that the adjustments would be 2023. (As discussed above, the Agencies 4001 et seq.; Check Clearing for the 21st Century anticipate that the second set of Act, 12 U.S.C. 5001 et seq. effective at five-year intervals; by 2 The minimum amount is currently $200. See providing that the first set of adjustments would be published in the section 1086(e) of the Dodd-Frank Act; 12 U.S.C. adjustments would not occur until after first quarter of 2024 and have a 4002(a)(2)(D). December 31, 2011, which ensured that proposed effective date of April 1, 3 The cash withdrawal amount is currently $400. at least a full calendar year would 2025.) Each subsequent set of 12 U.S.C. 4002(b)(3)(B). adjustments would be based on the 4 The new-account amount is currently $5,000. 12 elapse after the Dodd-Frank Act’s U.S.C. 4003(a)(3). enactment in mid-2010; and by aggregate percentage change in the CPI– 5 The large-deposit threshold is currently $5,000. providing that the adjustments would be W for an inflation measurement period 12 U.S.C. 4003(b)(1). rounded to the nearest multiple of $25. that begins in July of every fifth year 6 The repeatedly overdrawn threshold is currently after 2018 and ends in July of every fifth $5,000. 12 CFR 229.13(d). This dollar amount is not Several years have now elapsed since specified in the EFA Act, but is a result of the December 31, 2011, and the Agencies year after 2023. This use of July CPI–W, authority of the Board and the Bureau under section intend to move towards issuing a final starting with the July 2011 CPI–W, 604(b)(3) of the EFA Act (12 U.S.C. 4003(b)(3)) to rule implementing section 607(f), while would align with section 607(f)’s establish reasonable exceptions to time limitations effective date of July 21, 2011, and the for deposit accounts that have been overdrawn providing appropriate time after the repeatedly. The Board and the Bureau propose to issuance of that final rule for Agencies expect it to provide a use their authority under section 604(b)(3) and also implementation by institutions. their authority under section 609(a) (12 U.S.C. The Agencies anticipate publishing 11 The proposed effective dates would be 4008(a)), which is discussed below, to index the consistent with section 302 of the Riegle repeatedly overdrawn threshold in the same the first set of adjustments as a final rule Community Development and Regulatory manner as the other dollar amounts. The Board and in the first quarter of 2019. They Improvement Act of 1994 (Pub. L. 103–325, 108 the Bureau believe that indexing the repeatedly propose that the first set of adjustments Stat. 2160, 12 U.S.C. 4802). That section provides overdrawn threshold would be consistent with the have an effective date of April 1, 2020. that new regulations and amendments to need identified by Congress to prevent such dollar regulations prescribed by Federal banking agencies, amounts from being eroded by inflation. including the Board, that impose additional 7 The civil liability amounts are currently ‘‘not 8 Public Law 111–203, sections 1062, 1086, reporting, disclosures, or other new requirements less than $100 nor greater than $1,000’’ for an 1100H, 124 Stat. 2081 (2010); 75 FR 57252 (Sept. on insured depository institutions shall take effect individual action and ‘‘not more than $500,000 or 20, 2010). on the first day of a calendar quarter which begins 1 percent of the net worth’’ of a depository 9 12 U.S.C. 4008(a). on or after the date on which the regulations are institution for a class action. 12 U.S.C. 4010(a). 10 12 U.S.C. 4006(f). published in final form (with certain exceptions).

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reasonable period of time after the CPI– adjustments would always be zero or adjusted amounts that would result if W data becomes available for the positive.14 If there is no aggregate the methodology is finalized.17 Agencies to publish the requisite percentage increase during the inflation Specifically, if the proposed adjustment adjustments and for financial measurement period (zero increase or methodology is finalized, the adjusted institutions to implement them. The net decrease) or if the aggregate amounts, based on the change in CPI– Agencies request comment on this percentage change when applied to the W from 222.686 in July 2011 to 246.155 approach and its interaction with the dollar amount does not result in a in July 2018, would be as follows: proposed effective dates discussed change because of rounding, the • The minimum amount in above. Agencies would not adjust that dollar § 229.10(c)(1)(vii) would be adjusted to If there is an aggregate percentage amount. Moreover, in either of those $225, as the change of $21.00 results in increase in any inflation measurement situations, the aggregate percentage a rounding to the nearest multiple of period, then the aggregate percentage change would be calculated either from $25; change would be applied to the dollar the CPI–W in July of the year that • The cash withdrawal amount in amounts in Regulation CC, and those corresponds with the last publication of § 229.12(d) of $400 would be adjusted to amounts would be rounded to the an adjusted dollar amount or, if there $450, as the change of $42.00 results in nearest multiple of $25 to determine the has never been an adjusted dollar a rounding to the nearest multiple of new adjusted dollar amounts.12 Section amount, from the CPI–W in July 2011.15 $25; 607(f) of the EFA Act provides that the The Agencies are proposing a new • The new-account amount of $5,000 adjustments are to be based on the § 229.11 and accompanying in § 229.13(a), the large-deposit ‘‘annual percentage increase’’ in the commentary to implement the CPI–W threshold of $5,000 in § 229.13(b), and CPI–W, but does not specify how the index calculation method to be used by the repeatedly overdrawn threshold of adjustment is to be made in the event the Agencies to adjust the dollar $5,000 in § 229.13(d) would each be that the CPI–W is negative for one or amounts in the EFA Act. The new adjusted to $5,525, as the change of more years in the inflation measurement § 229.11 provides for the CPI–W $525 results in a rounding to the nearest period. The Agencies believe it is a calculation for the dollar amounts in multiple of $25; and reasonable interpretation of section § 229.10(c)(1)(vii) regarding the • In § 229.21(a) the civil liability 607(f) to account for negative minimum amount, § 229.12(d) for the amount of $100 would remain the same, movements in the CPI–W on a year-to- cash withdrawal amount, § 229.13(a) for as the change of $10.50 does not result year basis and to factor those the new-account amount, § 229.13(b) for in a rounding to $25, while the other movements into the calculation. The the large-deposit threshold, § 229.13(d) civil liability amounts of $1,000 and Agencies believe that the purpose of for repeatedly overdrawn threshold, and $500,000 would be adjusted to $1,100 section 607(f) is to keep the dollar § 229.21(a) for the civil liability and $552,500, as the changes of $105 amounts in the EFA Act on a pace with amounts. and $52,500, respectively, result in a inflation, as represented by the CPI–W. The Agencies request comment on the rounding to the nearest multiple of $25. The funds-availability provisions of the proposed calculation methodology to be EFA Act represent a balancing of applied to the dollar amounts in E. Technical Amendments to Regulation interests—the interests of account Regulation CC. CC and EGRRCPA Amendments customers in receiving prompt D. First Set of Adjustments The Agencies also propose amending availability of their deposited funds and the commentary to each of the sections the interests of depository institutions As discussed above, for the first set of containing dollar amounts by inserting in minimizing the risks from making adjustments, the Agencies propose to a cross-reference to the new § 229.11 funds available before learning of use CPI–W data from July 2011 through containing the calculation method for checks or other items being returned.13 July 2018.16 (As discussed above, the indexing those dollar amounts every Accounting for upward and downward Agencies are proposing that this first set five years. In addition, the Agencies are movements in the CPI–W in calculating of adjustments have an effective date of proposing to update the dollar amounts any cumulative increase to the dollar April 1, 2020). In order to inform this with the adjusted dollar amounts amounts is consistent with the approach rulemaking more fully, the Agencies throughout subpart B of Regulation CC, Congress took in the EFA Act of have applied the proposed inflation and the commentary thereto, and reflect balancing the interests of depository calculation methodology to calculate the these updates by the date on which institutions and their customers. depository institutions must comply Under the proposed calculation 14 Since 1939, no aggregate change in the CPI–W with the adjusted dollar amounts. methodology, the dollar amount across a five-year period has been negative. However, the proposed rule would also cover this The Board and Bureau are proposing potential scenario. a technical change to § 229.1(a), which 12 For example, if the CPI–W in July of the year 15 For example, if the aggregate percentage change the last publication of an adjusted dollar amount sets forth the authority and purpose of occurred and the CPI–W in July of the year that is in the CPI–W for an inflation measurement period Regulation CC, to explain that the Board five years later were 100 and 114.7, respectively, was 4.0% and the applicable dollar amount was and Bureau have joint rulemaking $200 from the prior period, then the adjusted figure the aggregate percentage change that results from authority under certain provisions of the changes in the CPI–W for each year of the period would remain $200, as the change of $8.00 does not using the CPI–W values in July would be 14.7%. If result in rounding to $25. However, if over the next EFA Act. the applicable dollar amount was $200 for the prior inflation measurement period the aggregate In addition, the Economic Growth, period, then the adjusted figure would become $225 percentage change for the five-year period was Regulatory Relief, and Consumer again 4.0%, then the adjusted figure would become as the change of $29.40 results in rounding to $25. Protection Act (EGRRCPA) made 13 The EFA Act’s legislative history shows that $225, as the change of $16.32 does result in one intent of the Act was to ‘‘provide a fairer rounding to $25. The Board and Bureau calculate balance between the banks’ interest in avoiding this adjustment by using the aggregate CPI–W 17 With respect to subsequent calculations such as fraud and consumers’ interests in having speedy change over two (or more) inflation measurement the calculations that will be conducted in 2023, the access to their funds.’’ S. Rep. No. 100–19, at 28 periods until the cumulative change results in Agencies expect to find that notice and opportunity (1987); see also H.R. Rep. No. 100–52, at 14 (1987) publication of an adjusted dollar amount in the for public comment for the calculations is (describing the efforts ‘‘to protect depository regulation. impracticable, unnecessary, or contrary to the institutions while furthering the original goals of 16 As is discussed below, the agencies propose public interest, because the calculations would be the legislation to provide shorter time periods for that five years of CPI data be used for all subsequent technical and non-discretionary. See 5 U.S.C. funds availability.’’) sets of adjustments. 553(b)(B).

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amendments to the EFA Act to extend Northern Mariana Islands when those As the preamble to the restated its application to American Samoa, the checks are handled by other U.S. Regulation DD explained, it was Commonwealth of the Northern Mariana banks.19 As those territories are now intended to substantially duplicate the Islands, and Guam.18 The effect of these covered by the EFA Act, and subpart C prior Regulation DD. The Bureau statutory amendments is to subject of Regulation CC would apply by its considers these typographical errors in banks in American Samoa, the terms to checks drawn on banks in those the restated Regulation DD to be Commonwealth of the Northern Mariana territories, § 229.43 is no longer scrivener’s errors that should be read as Islands, and Guam to the EFA Act’s necessary. Accordingly, the Board is exponents. In now proposing to correct requirements related to funds proposing to delete § 229.43 and its these typographical errors, the Bureau availability, payment of interest, and corresponding commentary from intends no change to how institutions disclosures. Banks in those territories subpart C of Regulation CC. should comply with Regulation DD. would be able to avail themselves of the The EGRRCPA also amended the EFA These technical, non-substantive one-day extension of the availability Act’s definition of ‘‘receiving depository amendments to Regulation DD would be schedules permitted by the EFA Act and institution’’ by adding ‘‘located in the effective thirty days after publication of § 229.12(e) of Regulation CC. United States’’ after ‘‘proprietary a final rule. Accordingly, the Board and the Bureau ATM.’’ 20 Regulation CC uses the term are proposing to update § 229.2(ff), and ‘‘depositary bank’’ instead of ‘‘receiving G. Bureau’s Dodd-Frank Act Section (jj) (definitions of ‘‘state,’’ and ‘‘United depository institution,’’ contains a 1022(b)(2)(A) Analysis States’’), as well as § 229.12(e) and its separate definition of ‘‘ATM,’’ and 1. Overview corresponding commentary, to establishes rules for determining when Section 1022(b)(2)(A) of the Dodd- implement the statutory amendments. deposits at ATMs are received by the Specifically, the Board and the Bureau depositary bank.21 To implement the Frank Act provides that in prescribing a are proposing to add American Samoa, EGRRCPA provision, the Board and the rule under the Federal consumer the Commonwealth of the Northern Bureau are proposing to insert ‘‘located financial laws, the Bureau shall Mariana Islands, and Guam to the in the United States’’ in the definition consider the potential benefits and costs definitions of ‘‘state’’ and ‘‘United of ‘‘ATM’’ in § 229.2(c) and its to consumers and covered persons, States’’ in § 229.2 (ff) & (jj) of Regulation corresponding commentary. including the potential reduction of CC, respectively. The Board and the access by consumers to consumer F. Technical Amendments to the Bureau are also proposing to remove financial products or services resulting Bureau’s Regulation DD Guam, American Samoa, and the from such rule; the impact on Northern Mariana Islands from the list The Bureau is proposing a technical, depository institutions and credit of territories in its definition of ‘‘state’’ non-substantive amendment to its unions with $10 billion or less in total for purposes of subpart D, as those Regulation DD, 12 CFR part 1030, to add assets as described in section 1026 of territories are now included in the a new paragraph (e) to § 1030.1 that the Dodd-Frank Act; and the impact on 23 definition of State for Regulation CC would cross-reference the Bureau’s joint consumers in rural areas. generally. The Board and the Bureau are authority with the Board to issue This analysis focuses on the benefits, also proposing to add American Samoa, regulations under certain provisions of costs, and impacts of the 2018 Proposal. the Commonwealth of the Northern the EFA Act that are codified within The Bureau is using a pre-statutory Mariana Islands, and Guam to the list of Regulation CC. The Bureau is also baseline to assess the impact of the 2018 States and territories in § 229.12(e), proposing related technical, non- Proposal. That is, the Bureau’s analysis 229.12(e)(1), and its corresponding substantive amendments to § 1030.7(c), below considers the benefits, costs, and commentary. and the commentary thereto, which impacts of the relevant provisions of the Because American Samoa, the states that interest shall begin to accrue EGRRCPA combined with the 2018 Commonwealth of the Northern Mariana not later than the business day specified Proposal relative to the regulatory Islands, and Guam are considered to be for interest-bearing accounts in the EFA regime that pre-dates the EGRRCPA.24 in the United States under the Act and Regulation CC. In addition, the 2. Potential Benefits and Costs to EGRRCPA amendments, banks located Bureau is proposing to fix technical Consumers and Covered Persons in those territories would be considered errors in Appendix A to Regulation DD ‘‘banks’’ under Regulation CC and within the formulas that demonstrate This proposed rule, if implemented, checks drawn on those banks would how to calculate annual percentage adjusts for inflation the funds that must meet the Regulation CC definition of yield (APY) and annual percentage yield be available as required by the EFA Act ‘‘check.’’ Thus, the provisions of subpart earned (APYE). Specifically, certain and Regulation CC. Moreover, C of Regulation CC with respect to terms within the formulas should be depository institutions located in check collection and return, including shown as exponents but currently are American Samoa, the Northern Mariana warranties and indemnities, would erroneously not shown as exponents. Islands, and Guam will now be required apply with respect to those banks and These typographical errors were to comply with the provisions in the the checks deposited in and drawn on inadvertently introduced into the APY EFA Act and subpart B of Regulation CC them. (The provisions of subpart D of and APYE formulas in Appendix A related to funds availability, payment of Regulation CC with respect to substitute when the Bureau issued its restatement interest, and disclosures to their checks already apply to checks drawn of Regulation DD in December 2011.22 on banks in these territories due to the 23 12 U.S.C. 5512(b)(2)(A). Although the manner and extent to which section 1022(b)(2)(A) applies broader definition of ‘‘State’’ in the 19 See 62 FR 13808, 13807 (March 24, 1997). to a rulemaking of this kind is unclear, in order to Check 21 Act.) The Board had 20 The definition of ‘‘receiving depository inform this rulemaking more fully the Bureau promulgated § 229.43 in subpart C to institution’’ in the EFA Act now reads ‘‘the branch performed the described analysis. address how Regulation CC applied to of a depository institution or the proprietary ATM 24 The Bureau has discretion in future checks drawn on banks located in located in the United States in which a check is first rulemakings to choose the most appropriate deposited.’’ 12 U.S.C. 4001(20). baseline for that particular rulemaking. Also note Guam, American Samoa, and the 21 See 12 CFR 229.2(o), 229.2(b), and 229.19(a), that the Bureau’s analysis excludes the Board’s respectively, and associated commentary. proposed amendments to subpart C of Regulation 18 Public Law 115–174, section 208 (2018). 22 76 FR 79276 (Dec. 21, 2011). CC.

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customers. The Board and the Bureau from commenters on the costs of shall consult with the appropriate are proposing to hold the real expected complying with Regulation CC for prudential regulators or other Federal losses to depository institutions fixed by institutions in American Samoa, the agencies prior to proposing a rule and adjusting for inflation the funds that Commonwealth of the Northern Mariana during the comment process regarding must be available. Thus, the Bureau Islands, and Guam and on those consistency with prudential, market, or does not expect any potential benefits, institutions’ pre-statutory practices systemic objectives administered by costs, or impacts to consumers or regarding funds availability. such agencies.28 The Bureau requests comment on the covered persons as a result of the I. Regulatory Flexibility Act adjustment methodology, other than the analysis above and requests any relevant paperwork costs discussed below. The data. Board: The Regulatory Flexibility Act (RFA) requires an agency to publish an adjustments and methodology in this 3. Impact on Depository Institutions proposed rule are technical, and they initial regulatory flexibility analysis With No More Than $10 Billion in with a proposed rule or certify that the merely apply the statutory method for Assets adjusting amounts that must be proposed rule will not have a significant available to consumers. The proposed rule will impact all economic impact on a substantial The Bureau estimates that covered depository institutions, including those number of small entities. Based on its persons will face an average paperwork with no more than $10 billion in assets. analysis, and for the reasons stated cost of $398.04 every five years to The Bureau expects that all depository below, the Board believes that the update notices already sent to institutions will experience an average proposed rule will not have a significant consumers. The Bureau believes that the cost of $398.04 to update quinquennial economic impact on a substantial average depository institution will use notices. number of small entities. Nevertheless, 12 hours of compliance officer time at The EGRRCPA amended the EFA Act the Board is publishing an initial a mean hourly rate of $33.17.25 to extend its application to institutions regulatory flexibility analysis and Additionally, the EGRRCPA made in American Samoa, the Commonwealth requests comment on all aspects of its amendments to the EFA Act to extend of the Northern Mariana Islands, and analysis. The Board will, if necessary, its application to American Samoa, the Guam. The Bureau identified five conduct a final regulatory flexibility Commonwealth of the Northern Mariana institutions that are now required to analysis after considering the comments Islands, and Guam.26 The 2018 Proposal comply with Regulation CC, and all received during the public comment implements the EGRRCPA by extending have no more than $10 billion in assets. period. 1. Statement of the need for, and the application of Regulation CC’s The Bureau requests information from objectives of, the proposed rule. The requirements related to funds commenters on the total cost experienced by these depository proposed rule would memorialize the availability, payment of interest, and calculation method used to adjust the disclosures to institutions in American institutions to comply with Regulation CC. EFA Act dollar amounts every five years Samoa, the Commonwealth of the in accordance with section 607(f) of the Northern Mariana Islands, and Guam. 4. Impact on Access to Credit EFA Act, as amended by section 1086(f) Consumers of depository institutions in of the Dodd-Frank Act. The proposed American Samoa, Guam, and the The Bureau does not expect this proposed rule, if implemented, to affect rule would also implement statutory Northern Mariana Islands will generally amendments to the EFA Act to extend receive the same benefits of consumers consumers’ access to credit. The scope of this rulemaking is limited to funds its application to American Samoa, the of institutions already complying with Commonwealth of the Northern Mariana subpart B of Regulation CC. This available in depository accounts and is not directly related to credit access. Islands, and Guam. includes policy and other disclosures 2. Small entities affected by the regarding funds availability and timely 5. Impact on Rural Areas proposed rule. The proposed rule would access to their funds. Consumers will The Bureau does not believe that this apply to all depository institutions generally not experience any costs proposed rule, if implemented, will regardless of their size. Pursuant to associated with receiving these have a unique impact on consumers in regulations issued by the Small disclosures. rural areas. Business Administration (13 CFR The Bureau has identified five 121.201), a ‘‘small banking institutions located in American Samoa, H. Interagency Consultations organization’’ includes a depository the Commonwealth of the Northern The Board and the Bureau have institution with $550 million or less in Mariana Islands, and Guam that are performed interagency consultations total assets. Based on call report data, newly subject to Regulation CC as a regarding this proposed rule consistent there are approximately 9,631 result of the amendments made to the with section 609(e) of the EFA Act and depository institutions that have total EFA Act by the EGRRCPA, and that will section 1022(b)(2)(B) of the Dodd-Frank domestic assets of $550 million or less therefore face compliance costs Act. Section 609(e) of the EFA Act and thus are considered small entities associated with the 2018 Proposal provides that in prescribing regulations for purposes of the RFA. All institutions should it be finalized. Although these under section 609(a), the Board and the will be required to update existing institutions will incur costs to comply Director of the Bureau shall consult disclosures to their customers with any with the requirements of Regulation CC, with the Comptroller of the Currency, adjustments in the dollar amounts and the Bureau does not have data on the the Board of Directors of the Federal update their software to adjust the impact of the requirements of the 2018 Deposit Insurance Corporation, and the availability amounts where necessary. Proposal on these institutions. The National Credit Union Administration The Board does not believe the Bureau specifically requests information Board.27 Section 1022(b)(2)(B) of the proposed rule will have a significant Dodd-Frank Act provides that in 25 Bureau of Labor Statistics, National prescribing a rule under the Federal 28 12 U.S.C. 5512(b)(2)(B). Although the manner Occupational Employment and Wage Estimates and extent to which section 1022(b)(2)(B) applies to (May 2016), available at https://www.bls.gov/oes/ consumer financial laws, the Bureau a rulemaking of this kind is unclear, in order to current/oes_nat.htm. inform this rulemaking more fully the Bureau 26 Public Law 115–174, section 208 (2018). 27 12 U.S.C. 4008(a). performed the described consultations.

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economic impact on the entities that it Neither an IRFA nor FRFA is required the purposes of the RFA. Using the affects. Nevertheless, the Board invites if the agency certifies that the rule will methodology outlined in the Board’s comment on the effect of the proposed not have a significant economic impact Paperwork Reduction Act analysis, the rule on small entities. Specifically, the on a substantial number of small Bureau estimates that the quinquennial extent of impact on small entities may entities.31 The Bureau also is subject to adjustments will have an average depend on the contents of the certain additional procedures under the quinquennial cost of $398.04 for institution’s funds availability policy RFA involving the convening of a panel depository institutions. The Bureau and the frequency of the institution’s to consult with small business estimates that about 1% of small entities regularly scheduled re-prints of its representatives prior to proposing a rule face a significant economic impact from availability policy disclosures. Small for which an IRFA is required. the quinquennial proposed information depository institutions that already An IRFA is not required for this collection. make funds available the next day and proposal because, if adopted, it would In addition, the Bureau estimates the do not utilize the exceptions for new not have a significant economic impact impact of all subpart B provisions for accounts, large deposits, or repeated on a substantial number of small those covered persons required to overdrafts may be less affected by the entities. As discussed in the Bureau’s comply with subpart B of Regulation CC proposed rule. The economic impact on section 1022(b)(2) Analysis above, the as a result of the amendments the small entities from the proposed rule Bureau believes the proposed rule’s EGRRCPA made to the EFA Act. The may include technology, labor, and inflation adjustments hold real expected EGRRCPA amended the EFA Act to other associated costs incurred to losses fixed by adjusting for inflation extend its application to institutions in update their disclosures with the the amount of funds that must be made American Samoa, the Commonwealth of adjusted dollar amounts, if those cannot available for withdrawal in accordance the Northern Mariana Islands, and be accomplished within the institution’s with the EFA Act and Regulation CC. Guam. The Bureau identified five regular cycle. Moreover, depository Accordingly, these adjustments for institutions that will be required to institutions located in American Samoa, inflation do not introduce costs for comply with Regulation CC due to the the Northern Mariana Islands, and entities, including small entities. In EGRRCPA amendments to the EFA Act. Guam will now be required to comply addition, the proposed rule would Thus, the Bureau concludes that a with the provisions in the EFA Act and implement in Regulation CC the substantial number of small entities is Regulation CC related to funds EGRRCPA extension of the EFA Act’s not impacted by the proposal to availability, payment of interest, and requirements to institutions in implement the EGRRCPA amendments disclosures to their customers. American Samoa, the Commonwealth of to the EFA Act in Regulation CC. 3. Recordkeeping, reporting, and the Northern Mariana Islands, and Accordingly, the Bureau Director, by compliance requirements. The proposed Guam. The Bureau identified five signing below, certifies that this rule would require institutions to institutions that will be required to proposal, if adopted, would not have a update their existing EFA Act comply with Regulation CC due to the significant economic impact on a disclosures to their customers with the EGRRCPA amendments to the EFA Act. substantial number of small entities. The Bureau requests comment on the adjusted dollar amount as well as Thus, the Bureau concludes that a analysis above and requests any relevant update software that determines substantial number of small entities is data. availability, as applicable. No other not impacted by the proposal to additional recordkeeping, reporting, or implement in Regulation CC the J. Paperwork Reduction Act compliance requirements would be EGRRCPA amendments to the EFA Act. Board: Certain provisions of the required by the proposed rule. The Bureau recognizes that the proposed rule contain ‘‘collection of 4. Other Federal rules. The Board has proposed rule will have some impact on information’’ requirements within the not identified any likely duplication, some entities, including those that are meaning of the Paperwork Reduction overlap and/or potential conflict small. The Small Business Act (PRA) of 1995 (44 U.S.C. 3501– between the proposed rule and any Administration (SBA) defines small 3521). In accordance with the Federal rule. depository institutions as those with requirements of the PRA, the Board may 32 5. Significant alternatives to the less than $550 million in assets. not conduct or sponsor, and the proposed revisions. The Board solicits Following guidance from the Small respondent is not required to respond comment on any significant alternatives Business Administration, the Bureau to, an information collection unless it that would reduce the regulatory burden averaged the total assets reported in displays a currently-valid Office of of this proposed rule on small entities. quarterly call reports during quarters 1 Management and Budget (OMB) control Bureau: The Regulatory Flexibility through 4 of 2017. The Bureau number. The OMB control number for Act (RFA) generally requires an agency identified 9,631 entities that had the Board is 7100–0235 and will be to conduct an initial regulatory average total assets less than $550 extended, with revision. The Board flexibility analysis (IRFA) and a final million. These are considered small for reviewed the proposed rule under the regulatory flexibility analysis (FRFA) of authority delegated to the Board by any rule subject to notice-and-comment Classification System (NAICS) classifications and OMB. Comments are invited on: (a) rulemaking requirements.29 These size standards. Id. at 601(3). A ‘‘small organization’’ is any ‘‘not-for-profit enterprise which is Whether the collections of information analyses must ‘‘describe the impact of independently owned and operated and is not 30 are necessary for the proper the proposed rule on small entities.’’ dominant in its field.’’ Id. at 601(4). A ‘‘small performance of the Board’s functions, governmental jurisdiction’’ is the government of a including whether the information has 29 5 U.S.C. 601 et seq. city, county, town, township, village, school 30 Id. at 603(a). For purposes of assessing the district, or special district with a population of less practical utility; (b) The accuracy of the impacts of the proposed rule on small entities, than 50,000. Id. at 601(5). estimates of the burden of the ‘‘small entities’’ is defined in the RFA to include 31 Id. at 605(b). information collections, including the small businesses, small not-for-profit organizations, 32 Small Business Administration, Table of Small validity of the methodology and and small government jurisdictions. Id. at 601(6). A Business Standards (2016), available at https:// ‘‘small business’’ is determined by application of www.sba.gov/contracting/getting-started-contractor/ assumptions used; (c) Ways to enhance Small Business Administration regulations and make-sure-you-meet-sba-size-standards/table- the quality, utility, and clarity of the reference to the North American Industry small-business-size-standards. information to be collected; (d) Ways to

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minimize the burden of the information section 229.21(a) for the civil liability language in all proposed and final rules collections on respondents, including amounts. published after January 1, 2000. The through the use of automated collection Board has sought to present the PRA Burden Estimates techniques or other forms of information proposed rule in a simple and technology; and (e) Estimates of capital Number of respondents: 959 straightforward manner, and invites or start-up costs and costs of operation, respondents (100 respondents for comment on the use of plain language maintenance, and purchase of services changes in policy). and whether any part of the proposed to provide information. All comments Estimated average hours per response: rule could be more clearly stated. will become a matter of public record. Specific availability policy disclosure II. Reopening of the Comment Period Comments on aspects of this notice that and initial disclosures, .02 hours; Notice for the 2011 Funds Availability may affect reporting, recordkeeping, or in specific policy disclosure, .05 hours; Proposal disclosure requirements and burden Notice of exceptions, .05 hours; estimates should be sent to the Locations where employees accept On March 25, 2011, the Board addresses listed in the ADDRESSES consumer deposits, .25 hours; proposed amendments to Regulation CC section of this document. A copy of the Quinquennial inflation adjustments for (76 FR 16862). Pursuant to sections comments may also be submitted to the disclosures (annualized), 8 hours; 1086 and 1100H of the Dodd-Frank Act, OMB desk officer for the Board by mail Annual notice of new ATMs, 5 hours; effective July 21, 2011, the Board and to U.S. Office of Management and Changes in policy, 20 hours; the Bureau assumed joint rulemaking Budget, 725 17th Street NW, #10235, Notification of quinquennial inflation authority with respect to some of those Washington, DC 20503; by facsimile to adjustments, 4 hours; Notice of proposed amendments, including the (202) 395–5806; or by email to: oira_ nonpayment on paying bank, .02 hours; proposed amendments to the funds [email protected], Attention, Notification to customer, .02 hours; availability provisions of subpart B of Federal Banking Agency Desk Officer. Expedited recredit for consumers, .25 Regulation CC and the definitions and hours; Expedited recredit for banks, .25 appendices applicable to subpart B.33 Proposed Information Collection hours; Consumer awareness, .02 hours; This Federal Register document refers Title of Information Collection: and Expedited recredit claim notice, .25 to the portion of the proposed Disclosure Requirements Associated hours. amendments published on March 25, with Availability of Funds and Estimated annual burden hours: 2011, that are now subject to the joint Collection of Checks (Regulation CC). Specific availability policy disclosure rulemaking authority of the Board and Frequency of Response: and initial disclosures, 9,590 hours; the Bureau as the 2011 Funds Quinquennial. Notice in specific policy disclosure, Availability Proposal. The Board has Affected Public: Businesses or other 33,565 hours; Notice of exceptions, conducted a separate rulemaking for-profit. 95,900 hours; Locations where process to address other proposed Respondents: State member banks and employees accept consumer deposits, amendments published on that date that uninsured state branches and agencies 240 hours; Quinquennial inflation remain within its sole rulemaking of foreign banks. adjustments for disclosures authority, principally the proposed Abstract: Regulation CC (12 CFR part (annualized), 7,672 hours; Annual amendments to the check collection 229) implements the Expedited Funds notice of new ATMs, 4,795 hours; provisions of subpart C of Regulation Availability Act of 1987 (EFA Act) and Changes in policy, 4,000 hours; CC.34 the Check Clearing for the 21st Century Notification of quinquennial inflation The Agencies recognize there may Act of 2003 (Check 21 Act). adjustments, 3,836 hours; Notice of have been important changes in The EFA Act was enacted to provide nonpayment on paying bank, 671 hours; markets, technology, or industry depositors of checks with prompt funds Notification to customer, 7,097 hours; practice since the public submitted availability and to foster improvements Expedited recredit for consumers, 8,391 comments seven years ago in response in the check collection and return hours; Expedited recredit for banks, to the Board’s 2011 Funds Availability processes. Subpart B of Regulation CC 3,596 hours; Consumer awareness, 5,754 Proposal. The Board and the Bureau implements the EFA Act’s funds- hours; and Expedited recredit claim therefore are now reopening the availability provisions and specifies notice, 5,994 hours. comment period in order to provide an availability schedules within which Current Total Estimated Annual opportunity for the public to provide banks must make funds available for Burden: 179,593 hours. comments with new, additional, or withdrawal. Subpart B also implements Proposed Total Estimated Annual different views on the 2011 Funds the EFA Act’s rules regarding Burden: 191,101 hours. Availability Proposal. In taking this exceptions to the schedules, disclosure Bureau: The Bureau is not seeking step, the Agencies have not made any of funds-availability policies, and OMB approval for the information decision on whether to pursue any payment of interest. collection requirements already particular course with regard to the Current Action: The Agencies are accounted for by the Board above, or for 2011 Funds Availability Proposal, adding section 229.11 to provide the which other agencies are responsible. including whether to make it or any CPI–W calculation methodology, which Moreover, the Bureau’s technical, non- aspects of it final. Instead, reopening the includes an explanation of how annual substantive amendments to Regulation comment period will provide the and cumulative changes (positive or DD do not impose any new or additional Agencies with up-to-date public input negative) in the CPI–W will be taken information collection requirements that to consider in deciding on a future into account, for the dollar amounts in would require OMB approval. section 229.10(c)(1)(vii) regarding the K. Solicitation of Comments on Use of 33 Public Law 111–203, 124 Stat. 2085–86, 2113 minimum amount, section 229.12(d) for (2010); 75 FR 57252 (Sep. 20, 2010). the cash withdrawal amount, section Plain Language 34 The Board requested comment a second time 229.13(a) for the new-account amount, Section 722 of the Gramm-Leach- on the subpart C amendments (79 FR 6673 (Feb. 4, Bliley Act (Pub. L. 106–102, 113 Stat. 2014)) and adopted final amendments in June 2017 section 229.13(b) for the large-deposit (82 FR 27552 (June 15, 2017)). The Board also threshold, section 229.13(d) for 1338, 1471, 12 U.S.C. 4809) requires the requested comment on additional amendments to repeatedly overdrawn threshold, and Federal banking agencies to use plain subpart C in June 2017 (82 FR 25539 (June 2, 2017)).

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course with regard to the 2011 Funds 12 CFR Part 1030 ■ 3. In § 229.2, revise paragraphs (c), (ff), Availability Proposal. Comments on the Advertising, Banks, Banking, and (jj) to read as follows: 2011 Funds Availability Proposal that Consumer protection, National banks, § 229.2 Definitions were previously submitted during the Reporting and recordkeeping * * * * * initial comment period, which ended on requirements, Savings associations. June 3, 2011, remain part of the (c) Automated teller machine or ATM rulemaking docket. To assist with Board of Governors of the Federal means an electronic device located in reconciling comments from parties who Reserve System the United States at which a natural submitted comments in 2011 and who Authority and Issuance person may make deposits to an account again submit comments in 2018 that by cash or check and perform other For the reasons set forth in the reflect changes to their previous account transactions. preamble, the Board of Governors of the viewpoints, the Agencies request that * * * * * such commenters clarify the Federal Reserve System proposes to relationship between their two amend Regulation CC, 12 CFR part 229, (ff) State means a state, the District of comments. Specifically, the Agencies as set forth below: Columbia, Puerto Rico, American Samoa, the Commonwealth of the request that the commenters clarify PART 229—AVAILABILITY OF FUNDS whether their 2018 comments in part or Northern Mariana Islands, Guam, or the AND COLLECTIONS OF CHECKS U.S. Virgin Islands. For purposes of in whole supersede their previously (REGULATION CC) submitted comments. subpart D of this part and, in connection therewith, this subpart A, state also The Board and the Bureau are aware ■ 1. The authority citation for part 229 means the Trust Territory of the Pacific of various issues that were not raised by continues to read as follows: the 2011 Funds Availability Proposal. Islands and any other territory of the Authority: 12 U.S.C. 4001–4010, 12 U.S.C. United States. For example, some members of the 5001–5018. public have suggested that the Agencies * * * * * clarify how the funds availability Subpart A—General (jj) United States means the states, provisions in subpart B of Regulation including the District of Columbia, the CC apply to prepaid accounts and to * * * * * U.S. Virgin Islands, American Samoa, ■ 2. Section 229.1 paragraph (a) is checks deposited electronically through the Commonwealth of the Northern revised to read as follows: a process known as ‘‘remote deposit Mariana Islands, Guam, and Puerto capture.’’ In addition, the Agencies have § 229.1 Authority and purpose; Rico. received requests to clarify the organization * * * * * relationship between Regulation CC (a) Authority and purpose. (1) In availability requirements and banks’ general. This part is issued by the Board Subpart B—Availability of Funds and responsibilities related to deposit of Governors of the Federal Reserve Disclosure of Funds Availability reconciliation. At this time, the System (Board) to implement the Policies Agencies are requesting comment only Expedited Funds Availability Act (12 on the issues raised by the 2011 Funds §§ 229.10, 229.12, 229.13, and 229.21 U.S.C. 4001–4010) (EFA Act) and the [Amended] Availability Proposal and the 2018 Check Clearing for the 21st Century Act Proposal. The Agencies will consider (12 U.S.C. 5001–5018) (Check 21 Act). ■ 4. In § 229.10, 229.12, 229.13, remove whether further action is appropriate (2) Joint authority of the Bureau. The the following dollar amount ‘‘$100’’ with respect to new topics in the future. Board issues regulations under Sections wherever it appears and replace with List of Subjects 603(d)(1), 604, 605, and 609(a) of the the following dollar amount ‘‘$225.’’ EFA Act (12 U.S.C. 4002(d)(1), 4003, ■ 5. In Appendix E to Part 229, remove 12 CFR Part 229 4004, 4008(a)) jointly with the Director the following dollar amounts wherever Banks, Banking, Federal Reserve of the Bureau of Consumer Financial they appear in the appendix, and System, Reporting and recordkeeping Protection (Bureau). replace them as indicated in the table requirements. * * * * * below:

Section Remove Add

229.10(d) ...... $5,000 $5,525 229.12(d) ...... 400 450 229.13(a) ...... 5,000 5,525 229.13(b) ...... 5,000 5,525 229.13(d) ...... 5,000 5,525 229.21(a) ...... 1,000 1,100 500,000 552,500

* * * * * 2020, on April 1, 2025, and on April 1 effective on April 1, 2020, the inflation ■ 6. Section 229.11 is added to read as of every fifth year after 2025, in measurement period begins in July 2011 follows: accordance with the procedure set forth and ends in July 2018. For dollar in § 229.11(b) using the Consumer Price amount adjustments that are effective on § 229.11 Adjustment of dollar amounts Index for Urban Wage Earners and April 1, 2025, the inflation (a) Dollar amounts indexed. The Clerical Workers (CPI–W), as published measurement period begins in July 2018 dollar amounts specified in by the Bureau of Labor Statistics. and ends in July 2023. For dollar §§ 229.10(c)(1)(vii), 229.12(d), 229.13(a), (b) Indexing procedure. amount adjustments that are effective on 229.13(b), 229. 13(d), and 229.21(a) 1. Inflation measurement periods. For April 1 of every fifth year after 2025, the shall be adjusted effective on April 1, dollar amount adjustments that are

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inflation measurement period begins in 2. For purposes of § 229.12(d), the ■ C. Section V is revised. July of every fifth year after 2018 and dollar amount in effect during a ■ D. In Section VI.B, paragraph 4 is ends in July of every fifth year after particular period is the amount stated added. 2023. below for that period. ■ E In Section VI.E paragraphs 1 and 2 2. Percentage change. Any dollar i. Prior to April 1, 2020, the amount are revised. amount adjustment under this section is $400. ■ F. Section VII.C, paragraph 2 is shall be calculated across an inflation ii. Effective April 1, 2020, the amount revised and paragraph 4 is added. measurement period by the aggregate is $450. ■ G. In Section VII.E, paragraph 5 is percentage change in the CPI–W, 3. For purposes of §§ 229.13(a), added. ■ including both positive and negative 229.13(b), and 229.13(d), the dollar H. In Section VII.H, paragraph 2(b) is percentage changes. The aggregate amount in effect during a particular revised. ■ percentage change over the inflation period is the amount stated below for I. In Section XIV.C, paragraph 2 is that period. revised. measurement period will be rounded to ■ one decimal place, using the CPI–W i. Prior to April 1, 2020, the amount J. In Section XV.A, paragraph 2 is value for July (which is generally is $5,000. added. ■ K. Section XXIX is removed and released by the Bureau of Labor ii. Effective April 1, 2020, the amount reserved. Statistics in August). is $5,525. 4. For purposes of § 229.21(a), the The additions and revisions read as 3. Adjustment amount. The follows: adjustment amount for each dollar dollar amounts in effect during a amount listed in § 229.11(a) shall be particular period are the amounts stated Appendix E to Part 229—Commentary below for the period. equal to the aggregate percentage change II. Section 229.2 Definitions multiplied by the existing dollar amount i. Prior to April 1, 2020, the amounts * * * * * listed in § 229.11(c) and rounded to the are $100, $1,000, and $500,000 nearest multiple of $25. The adjusted respectively. D. 229.2(c) Automated Teller Machine (ATM) ii. Effective April 1, 2020, the dollar amount will be equal to the sum 1. ATM is not defined in the EFA Act. The of the existing dollar amount and the amounts are $100, $1,100, and $552,500 regulation defines an ATM as an electronic adjustment amount. No dollar respectively. device located in the United States at which ■ adjustment will be made when the 7. Amend § 229.12 by: a natural person may make deposits to an ■ aggregate percentage change is zero or a a. Removing the following dollar account by cash or check and perform other negative percentage change, or when the amount ‘‘$100’’ wherever it appears and account transactions. Point-of-sale terminals, aggregate percentage change multiplied replace with the following dollar machines that only dispense cash, night depositories, and lobby deposit boxes are not by the existing dollar amount listed in amount ‘‘$225’’ and ■ ATMs within the meaning of the definition, § 229.11(c) and rounded to the nearest b. Revising paragraphs (e) and (e)(1) to read as follows: either because they do not accept deposits of multiple of $25 results in no change. cash or checks (e.g., point-of-sale terminals 4. Carry-forward. When there is an § 229.12 Availability Schedule and cash dispensers) or because they only aggregate negative percentage change * * * * * accept deposits (e.g., night depositories and over an inflation measurement period, lobby boxes) and cannot perform other (e) Extension of schedule for certain transactions. A lobby deposit box or similar or when an aggregate positive deposits in Alaska, Hawaii, Puerto Rico, percentage change over an inflation receptacle in which written payment orders American Samoa, the Commonwealth of or deposits may be placed is not an ATM. measurement period multiplied by the the Northern Mariana Islands, Guam, * * * * * existing dollar amount listed in and the U.S. Virgin Islands. The § 229.11(c) and rounded to the nearest depositary bank may extend the time IV. Section 229.10 Next-Day Availability multiple of $25 results in no change, the periods set forth in this section by one * * * * * aggregate percentage change over the business day in the case of any deposit, inflation measurement period will be D. 229.10(c) Certain Check Deposits other than a deposit described in [Amended] included in the calculation to determine § 229.10, that is— * * * * * the percentage change at the end of the (1) Deposited in an account at a subsequent inflation measurement branch of a depositary bank if the 5. First $225 period. That is, the cumulative change branch is located in Alaska, Hawaii, a. The EFA Act and regulation also require in the CPI–W over the two (or more) Puerto Rico, American Samoa, the that up to $225 of the aggregate deposit by inflation measurement periods will be Commonwealth of the Northern Mariana check or checks not subject to next-day used in the calculation until the Islands, Guam, or the U.S. Virgin availability on any one banking day be made available on the next business day. For cumulative change results in Islands; and publication of an adjusted dollar example, if $70 were deposited in an account * * * * * amount in the regulation. by check(s) on a Monday, the entire $70 must be available for withdrawal at the start of (c) Amounts. § 229.21 Civil Liability [Amended] business on Tuesday. If $400 were deposited 1. For purposes of § 229.10(c)(1)(vii), ■ 8. In § 229.21, remove the following by check(s) on a Monday, this section the dollar amount in effect during a dollar amount ‘‘ $100’’ wherever it requires that $225 of the funds be available particular period is the amount stated appears and replace with the following for withdrawal at the start of business on below for that period. dollar amount ‘‘$225.’’ Tuesday. The portion of the customer’s i. Prior to July 21, 2011, the amount deposit to which the $225 must be applied is $100. Appendix E to Part 229—Commentary is at the discretion of the depositary bank, as ii. From July 21, 2011, through March long as it is not applied to any checks subject * * * * * to next-day availability. The $225 next-day 31, 2020, by operation of section ■ 9. Amend Appendix E to Part 229 to availability rule does not apply to deposits at 603(a)(2)(D) of the EFA Act (12 U.S.C. read as follows: nonproprietary ATMs. 4002(a)(2)(D)) the amount is $200. ■ A. In Section II.D, revise paragraph 1. b. The $225 that must be made available iii. Effective April 1, 2020, the amount ■ B. In Section IV.D, revise paragraph 5 under this rule is in addition to the amount is $225. and add paragraph 7. that must be made available for withdrawal

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on the business day after deposit under other percentage change for the entire period 2. The Congress did not provide this provisions of this section. For example, if a would be 9.0%. If the applicable dollar extension of the schedules to checks drawn customer deposits a $1,000 Treasury check amount was $5,000 for the prior period, then on a paying bank located in Alaska, Hawaii, and a $1,000 local check in its account on the adjusted figure would become $5,450 as Puerto Rico, American Samoa, the Monday, $1,225 must be made available for the change of $450 does not require rounding Commonwealth of the Northern Mariana withdrawal on Tuesday—the proceeds of the because it is a multiple of $25. Islands, Guam, or the U.S. Virgin Islands and $1,000 Treasury check, as well as the first 4. Example of accounting for aggregate lack deposited in an account at a depositary bank $225 of the local check. of dollar amount change in subsequent in the 48 contiguous states. Therefore, a c. A depositary bank may aggregate all period. If the CPI–W for July (and released in check deposited in a San Francisco bank local and nonlocal check deposits made by August) of the base year and the year at the drawn on a Hawaii paying bank must be a customer on a given banking day for the end of the subsequent five-year period were made available for withdrawal not later than purposes of the $225 next-day availability 100 and 105, respectively, the aggregate the second rather than the third business day rule. Thus, if a customer has two accounts at change over the five-year period would be following deposit. the depositary bank, and on a particular 5%, and no adjustment to the $200 amount VII. Section 229.13 Exceptions banking day makes deposits to each account, would occur, as the change of $10 does not $225 of the total deposited to the two result in rounding to $225. Nonetheless, the B. 229.13(a) New Accounts accounts must be made available on the CPI–W for July (and released in August) of * * * * * business day after deposit. Banks may the base year would be the starting point for 4. Dollar Amount Adjustment—See section aggregate deposits to individual and joint calculating any CPI–W percentage increase 229.11 for the rules regarding adjustments for accounts for the purposes of this provision. across the subsequent five-year period. inflation every five years to the dollar d. If the customer deposits a $500 local Therefore, if the CPI–W in July (and released amounts in this section. check and gets $225 cash back at the time of in August) of the base year and the CPI–W deposit, the bank need not make an in July (and released in August) of the years * * * * * additional $225 available for withdrawal on at the end of the next two five-year periods C. 229.13(b) Large Deposits the following day. Similarly, if the customer were 100, 105, and 112.6, respectively, the depositing the local check has a negative aggregate percentage change for the entire * * * * * 2. The following example illustrates the book balance, or negative available balance in period would be 12.6%. If the applicable operation of the large-deposit exception. If a its account at the time of deposit, the $225 dollar amount was $200 for the prior period, customer deposits $2,000 in cash and a that must be available on the next business then the adjusted figure would become $225 $9,000 local check on a Monday, $2,225 (the day may be made available by applying the as the change of $25.20 results in rounding proceeds of the cash deposit and $225 from $225 to the negative balance, rather than to $225, the nearest multiple of $25. making the $225 available for withdrawal by the local-check deposit) must be made cash or check on the following day. * * * * * available for withdrawal on Tuesday. An additional $5,300 of the proceeds of the local VI. Section 229.12 Availability Schedule * * * * * check must be available for withdrawal on 7. Dollar Amount Adjustment—See section A. 229.12(a) Effective Date Wednesday in accordance with the local 229.11 for the rules regarding adjustments for * * * * * schedule, and the remaining $3,475 may be inflation every five years to the dollar held for an additional period of time under amounts used in this section. B. 229.12(d) Time Period Adjustment for the large-deposit exception. * * * * * Withdrawal by Cash or Similar Means * * * * * V. Section 229.11 Adjustment of Dollar * * * * * 4. Dollar Amount Adjustment—See section Amounts 4. Dollar Amount Adjustment—See section 229.11 for the rules regarding adjustments for 229.11 for the rules regarding adjustments for 1. Example of a positive adjustment. If the inflation every five years to the dollar inflation every five years to the dollar CPI–W for July (and released in August) of amounts in this section. amounts in this section. the base year and the adjustment year were * * * * * 100 and 114.7, respectively, the aggregate * * * * * E. 229.13(d) Repeated Overdrafts percentage change for the period would be E. 229.12(e) Extension of Schedule for 14.7%. If the applicable dollar amount was * * * * * Certain Deposits in Alaska, Hawaii, Puerto 5. Dollar Amount Adjustment—See section $200 for the prior period, then the adjusted Rico, American Samoa, the Commonwealth figure would become $225, as the change of 229.11 for the calculation method used to of the Northern Mariana Islands, Guam, and adjust the dollar amounts in this section $29.40 results in rounding to $25. the U.S. Virgin Islands 2. Example of no adjustment. If the CPI– every five years. W for July (and released in August) of the 1. The EFA Act and regulation provide an * * * * * base year and the adjustment year were 100 extension of the availability schedules for and 104, respectively, the aggregate check deposits at a branch of a bank if the H. 229.13(g) Notice of Exception percentage change would be 4.0%. If the branch is located in Alaska, Hawaii, Puerto * * * * * applicable dollar amount was $200 for the Rico, American Samoa, the Commonwealth 2. One-Time Exception Notice prior period, then the adjusted figure would of the Northern Mariana Islands, Guam, or remain $200, as the change of $8.00 does not the U.S. Virgin Islands. * * * * * result in rounding to $25. The schedules for local checks, nonlocal b. In the case of a deposit of multiple 3. Example of accounting for aggregate checks (including nonlocal checks subject to checks, the depositary bank has the decrease in subsequent period. If the CPI–W the reduced schedules of appendix B), and discretion to place an exception hold on any for July (and released in August) of the base deposits at nonproprietary ATMs are combination of checks in excess of $5,525. year and the adjustment year were 100 and extended by one business day for checks The notice should enable a customer to 95, respectively, the aggregate percentage deposited to accounts in banks located in determine the availability of the deposit in change would be ¥5%, and no adjustment these jurisdictions that are drawn on or the case of a deposit of multiple checks. For to the dollar amounts would occur. The CPI– payable at or through a paying bank not example, if a customer deposits a $5,525 W for July (and released in August) of the located in the same jurisdiction as the local check and a $5,525 nonlocal check, base year would be the starting point for depositary bank. For example, a check under the large-deposit exception, the calculating any CPI–W increase across deposited in a bank in Hawaii and drawn on depositary bank may make funds available in subsequent five-year periods. Therefore, if a San Francisco paying bank must be made the amount of (1) $225 on the first business the CPI–W in July (and released in August) available for withdrawal not later than the day after deposit, $5,300 on the second of the base year and the CPI–W in July (and third business day following deposit. This business day after deposit (local check), and released in August) of the years at the end extension does not apply to deposits that $5,525 on the eleventh business day after of the next two five-year periods were 100, must be made available for withdrawal on deposit (nonlocal check with six-day 95, and 109, respectively, the aggregate the next business day. exception hold), or (2) $225 on the first

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business day after deposit, $5,300 on the fifth Authority: 12 U.S.C. 4302–4304, 4308, accounts with a stated maturity greater than business day after deposit (nonlocal check), 5512, 5581. one year. and $5,525 on the seventh business day after ■ deposit (local check with five-day exception 11. Section 1030.1 is amended by A. General Rules hold). The notice should reflect the bank’s adding paragraph (e) to read as follows: Except as provided in Part I.E. of this priorities in placing exception holds on next- appendix, the annual percentage yield shall § 1030.1 Authority, purpose, coverage, and day (or second-day), local, and nonlocal be calculated by the formula shown below. effect on state laws. checks. Institutions shall calculate the annual * * * * * * * * * * percentage yield based on the actual number (e) Relationship to Regulation CC. The of days in the term of the account. For XIV. Section 229.20 Relation to State Law Director of the Bureau and the Board of accounts without a stated maturity date (such * * * * * Governors of the Federal Reserve as a typical savings or transaction account), the calculation shall be based on an assumed C. 229.20(c) Standards for Preemption System jointly issue regulations under term of 365 days. In determining the total sections 603(d)(1), 604, 605, and 609(a) * * * * * interest figure to be used in the formula, 2. Under a state law, some categories of of the Expedited Funds Availability Act institutions shall assume that all principal deposits could be available for withdrawal (12 U.S.C. 4002(d)(1), 4003, 4004, and interest remain on deposit for the entire sooner or later than the time required by this 4008(a)) that are codified within term and that no other transactions (deposits subpart, depending on the composition of the Regulation CC (12 CFR part 229). or withdrawals) occur during the term. This deposit. For example, the EFA Act and this ■ 12. Section 1030.7 is amended by assumption shall not be used if an institution regulation (§ 229.10(c)(1)(vii)) require next- revising paragraph (c) to read as follows: requires, as a condition of the account, that day availability for the first $225 of the consumers withdraw interest during the aggregate deposit of local or nonlocal checks § 1030.7 Payment of interest. term. In such a case, the interest (and annual percentage yield calculation) shall reflect that on any day, and a state law could require * * * * * next-day availability for any check of $200 or requirement. For time accounts that are less that is deposited. Under the EFA Act and (c) Date interest begins to accrue. offered in multiples of months, institutions this regulation, if either one $300 check or Interest shall begin to accrue not later may base the number of days on either the three $100 checks are deposited on a given than the business day specified for actual number of days during the applicable day, $225 must be made available for interest-bearing accounts in section 606 period, or the number of days that would withdrawal on the next business day, and of the Expedited Funds Availability Act occur for any actual sequence of that many $75 must be made available in accordance (12 U.S.C. 4005) and in § 229.14 of that calendar months. If institutions choose to use with the local or nonlocal schedule. Under the latter rule, they must use the same act’s implementing Regulation CC (12 number of days to calculate the dollar the state law, however, the two deposits CFR part 229). Interest shall accrue until would be subject to different availability amount of interest earned on the account that rules. In the first case, none of the proceeds the day funds are withdrawn. is used in the annual percentage yield ■ of the deposit would be subject to next-day 13. Appendix A to part 1030 is revised formula (where ‘‘Interest’’ is divided by availability; in the second case, the entire to read as follows: ‘‘Principal’’). The annual percentage yield is calculated proceeds of the deposit would be subject to Appendix A to Part 1030—Annual next-day availability. In this example, by use of the following general formula because the state law would, in some Percentage Yield Calculation (‘‘APY’’ is used for convenience in the formulas): situations, permit a hold longer than the The annual percentage yield measures the APY=100 [(1+Interest/Principal)(365/Days in maximum permitted by the EFA Act, this total amount of interest paid on an account term)¥1], provision of state law is inconsistent and based on the interest rate and the frequency ‘‘Principal’’ is the amount of funds preempted in its entirety. of compounding. The annual percentage assumed to have been deposited at the yield reflects only interest and does not * * * * * beginning of the account. include the value of any bonus (or other ‘‘Interest’’ is the total dollar amount of XV. Section 229.21 Civil Liability consideration worth $10 or less) that may be interest earned on the Principal for the term provided to the consumer to open, maintain, A. 229.21(a) Civil Liability of the account. increase or renew an account. Interest or * * * * * ‘‘Days in term’’ is the actual number of other earnings are not to be included in the 2. Dollar Amount Adjustment—See section days in the term of the account. When the annual percentage yield if such amounts are 229.11 for the rules regarding adjustments for ‘‘days in term’’ is 365 (that is, where the determined by circumstances that may or inflation every five years to the dollar stated maturity is 365 days or where the may not occur in the future. The annual amounts in this section. account does not have a stated maturity), the percentage yield is expressed as an * * * * * annual percentage yield can be calculated by annualized rate, based on a 365-day year. use of the following simple formula: XXIX. Section 229.43 Checks Payable in Institutions may calculate the annual APY=100 (Interest/Principal) percentage yield based on a 365-day or a 366- Guam, American Samoa, and the Northern Examples Mariana Islands [Removed and Reserved] day year in a leap year. Part I of this appendix discusses the annual percentage (1) If an institution pays $61.68 in interest * * * * * yield calculations for account disclosures for a 365-day year on $1,000 deposited into Bureau of Consumer Financial and advertisements, while Part II discusses a NOW account, using the general formula Protection annual percentage yield earned calculations above, the annual percentage yield is 6.17%: for periodic statements. APY=100[(1+61.68/1,000)(365/365)¥1] Authority and Issuance APY=6.17% Part I. Annual Percentage Yield for Account Or, using the simple formula above (since, For the reasons set forth in the Disclosures and Advertising Purposes as an account without a stated term, the term preamble, the Bureau of Consumer In general, the annual percentage yield for is deemed to be 365 days): Financial Protection proposes to amend account disclosures under §§ 1030.4 and APY=100(61.68/1,000) Regulation DD, 12 CFR part 1030, as 1030.5 and for advertising under § 1030.8 is APY=6.17% follows: an annualized rate that reflects the (2) If an institution pays $30.37 in interest relationship between the amount of interest on a $1,000 six-month certificate of deposit PART 1030—TRUTH IN SAVINGS that would be earned by the consumer for the (where the six-month period used by the (REGULATION DD) term of the account and the amount of institution contains 182 days), using the principal used to calculate that interest. general formula above, the annual percentage ■ 10. The authority citation for part Special rules apply to accounts with tiered yield is 6.18%: 1030 continues to read as follows: and stepped interest rates, and to certain time APY=100[(1+30.37/1,000)(365/182)¥1]

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APY=6.18% D. Tiered-Rate Accounts (Different Rates deposits $8,000, the institution pays 5.25% Apply to Specified Balance Levels) on $2,500 and 5.50% on $5,500 (the B. Stepped-Rate Accounts (Different Rates difference between $8,000 and the first tier Apply in Succeeding Periods) For accounts in which two or more interest rates paid on the account are applicable to cut-off of $2,500). For accounts with two or more interest specified balance levels, the institution must The institution that computes interest in rates applied in succeeding periods (where calculate the annual percentage yield in this manner must provide a range that shows the rates are known at the time the account accordance with the method described below the lowest and the highest annual percentage is opened), an institution shall assume each that it uses to calculate interest. In all cases, yields for each tier (other than for the first interest rate is in effect for the length of time an annual percentage yield (or a range of tier, which, like the tiers in Method A, has provided for in the deposit contract. annual percentage yields, if appropriate) the same annual percentage yield throughout). The low figure for an annual Examples must be disclosed for each balance tier. For purposes of the examples discussed percentage yield range is calculated based on (1) If an institution offers a $1,000 6-month below, assume the following: the total amount of interest earned for a year certificate of deposit on which it pays a 5% assuming the minimum principal required to interest rate, compounded daily, for the first Interest rate Deposit balance required to earn the interest rate for that tier. The high three months (which contain 91 days), and a (percent) earn rate figure for an annual percentage yield range is 5.5% interest rate, compounded daily, for the based on the amount of interest the next three months (which contain 92 days), 5.25 ...... Up to but not exceeding institution would pay on the highest the total interest for six months is $26.68 $2,500. principal that could be deposited to earn that and, using the general formula above, the 5.50 ...... Above $2,500 but not ex- same interest rate. If the account does not annual percentage yield is 5.39%: ceeding $15,000. have a limit on the maximum amount that APY=100[(1+26.68/1,000)(365/183)¥1] 5.75 ...... Above $15,000. can be deposited, the institution may assume any amount. APY=5.39% For the tiering structure assumed above, (2) If an institution offers a $1,000 two-year Tiering Method A. Under this method, an the institution would state a total of five institution pays on the full balance in the certificate of deposit on which it pays a 6% annual percentage yields—one figure for the account the stated interest rate that interest rate, compounded daily, for the first first tier and two figures stated as a range for corresponds to the applicable deposit tier. year, and a 6.5% interest rate, compounded the other two tiers. For example, if a consumer deposits $8,000, daily, for the next year, the total interest for First tier. Assuming daily compounding, the institution pays the 5.50% interest rate two years is $133.13, and, using the general the institution would pay $53.90 in interest on the entire $8,000. formula above, the annual percentage yield is on a $1,000 deposit. For this first tier, using When this method is used to determine 6.45%: the simple formula, the annual percentage ( ) interest, only one annual percentage yield APY=100[(1+133.13/1,000) 365/730 ¥1] yield is 5.39%: APY=6.45% will apply to each tier. Within each tier, the annual percentage yield will not vary with APY=100(53.90/1,000) C. Variable-Rate Accounts the amount of principal assumed to have APY=5.39% Second tier. For the second tier, the For variable-rate accounts without an been deposited. institution would pay between $134.75 and introductory premium or discounted rate, an For the interest rates and deposit balances assumed above, the institution will state $841.45 in interest, based on assumed institution must base the calculation only on balances of $2,500.01 and $15,000, the initial interest rate in effect when the three annual percentage yields—one corresponding to each balance tier. respectively. For $2,500.01, interest would be account is opened (or advertised), and Calculation of each annual percentage yield figured on $2,500 at 5.25% interest rate plus assume that this rate will not change during is similar for this type of account as for interest on $.01 at 5.50%. For the low end the year. accounts with a single interest rate. Thus, the of the second tier, therefore, the annual Variable-rate accounts with an calculation is based on the total amount of percentage yield is 5.39%, using the simple introductory premium (or discount) rate must interest that would be received by the formula: be calculated like a stepped-rate account. consumer for each tier of the account for a APY=100(134.75/2,500) Thus, an institution shall assume that: (1) year and the principal assumed to have been APY=5.39% The introductory interest rate is in effect for deposited to earn that amount of interest. For $15,000, interest is figured on $2,500 the length of time provided for in the deposit First tier. Assuming daily compounding, at 5.25% interest rate plus interest on contract; and (2) the variable interest rate that the institution will pay $53.90 in interest on $12,500 at 5.50% interest rate. For the high would have been in effect when the account a $1,000 deposit. Using the general formula, end of the second tier, the annual percentage is opened or advertised (but for the for the first tier, the annual percentage yield yield, using the simple formula, is 5.61%: introductory rate) is in effect for the is 5.39%: APY=100(841.45/15,000) remainder of the year. If the variable rate is APY=100[(1+53.90/1,000)(365/365)¥1] APY=5.61% tied to an index, the index-based rate in APY=5.39% Thus, the annual percentage yield range for effect at the time of disclosure must be used Using the simple formula: the second tier is 5.39% to 5.61%. for the remainder of the year. If the rate is APY=100(53.90/1,000) Third tier. For the third tier, the institution not tied to an index, the rate in effect for APY=5.39% would pay $841.45 in interest on the low end existing consumers holding the same account of the third tier (a balance of $15,000.01). For (who are not receiving the introductory Second tier. The institution will pay $15,000.01, interest would be figured on interest rate) must be used for the remainder $452.29 in interest on an $8,000 deposit. $2,500 at 5.25% interest rate, plus interest on of the year. Thus, using the simple formula, the annual $12,500 at 5.50% interest rate, plus interest For example, if an institution offers an percentage yield for the second tier is 5.65%: on $.01 at 5.75% interest rate. For the low account on which it pays a 7% interest rate, APY=100(452.29/8,000) end of the third tier, therefore, the annual compounded daily, for the first three months APY=5.65% percentage yield (using the simple formula) (which, for example, contain 91 days), while Third tier. The institution will pay is 5.61%: the variable interest rate that would have $1,183.61 in interest on a $20,000 deposit. APY=100 (841.45/15,000) been in effect when the account was opened Thus, using the simple formula, the annual APY=5.61% percentage yield for the third tier is 5.92%: was 5%, the total interest for a 365-day year Since the institution does not limit the for a $1,000 deposit is $56.52 (based on 91 APY=100(1,183.61/20,000) account balance, it may assume any days at 7% followed by 274 days at 5%). APY=5.92% maximum amount for the purposes of Using the simple formula, the annual Tiering Method B. Under this method, an computing the annual percentage yield for percentage yield is 5.65%: institution pays the stated interest rate only the high end of the third tier. For an assumed APY=100(56.52/1,000) on that portion of the balance within the maximum balance amount of $100,000, APY=5.65% specified tier. For example, if a consumer interest would be figured on $2,500 at 5.25%

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interest rate, plus interest on $12,500 at compute the composite interest rate and APY balance for the period is $1,000. The interest 5.50% interest rate, plus interest on $85,000 as follows: earned (under either balance computation at 5.75% interest rate. For the high end of the (a) Multiply each interest rate by the method) is $5.25 during the period. The third tier, therefore, the annual percentage number of days it will be in effect; annual percentage yield earned (using the yield, using the simple formula, is 5.87%. (b) Add these figures together; and formula above) is 6.58%: APY=100 (5,871.79/100,000) (c) Divide by the total number of days in APY Earned = 100 [(1 + 5.25/1,000)(365/30)¥1] APY=5.87% the term. APY Earned = 6.58% (2) Applied to the example, the products of the interest rates and days the rates are in (2) Assume an institution calculates Thus, the annual percentage yield range × interest on the average daily balance for the that would be stated for the third tier is effect are (5.00% 365 days) 1825, (6.00% × 365 days) 2190, and (7.00% × 365 days) calendar month and provides periodic 5.61% to 5.87%. 2555, respectively. The sum of these statements that cover the period from the If the assumed maximum balance amount products, 6570, is divided by 1095, the total 16th of one month to the 15th of the next is $1,000,000 instead of $100,000, the number of days in the term. The composite month. The account has a balance of $2,000 institution would use $985,000 rather than interest rate and APY are both 6.00%. September 1 through September 15 and a $85,000 in the last calculation. In that case, balance of $1,000 for the remaining 15 days for the high end of the third tier the annual Part II. Annual Percentage Yield Earned for of September. The average daily balance for percentage yield, using the simple formula, is Periodic Statements the month of September is $1,500, which 5.91%: The annual percentage yield earned for results in $6.50 in interest earned for the APY = 100 (59134.22/1,000,000) periodic statements under § 1030.6(a) is an month. The annual percentage yield earned APY = 5.91% annualized rate that reflects the relationship for the month of September would be shown Thus, the annual percentage yield range between the amount of interest actually on the periodic statement covering that would be stated for the third tier is earned on the consumer’s account during the September 16 through October 15. The 5.61% to 5.91%. statement period and the average daily annual percentage yield earned (using the balance in the account for the statement formula above) is 5.40%: E. Time Accounts With a Stated Maturity period. Pursuant to § 1030.6(b), however, if APY Earned = 100 [(6.50/1,500)(365/30)¥1] Greater Than One Year That Pay Interest at an institution uses the average daily balance APY Earned = 5.40% Least Annually method and calculates interest for a period (3) Assume an institution calculates other than the statement period, the annual 1. For time accounts with a stated maturity interest on the average daily balance for a percentage yield earned shall reflect the greater than one year that do not compound quarter (for example, the calendar months of relationship between the amount of interest interest on an annual or more frequent basis, September through November), and provides earned and the average daily balance in the and that require the consumer to withdraw monthly periodic statements covering account for that other period. interest at least annually, the annual calendar months. The account has a balance The annual percentage yield earned shall percentage yield may be disclosed as equal of $1,000 throughout the 30 days of to the interest rate. be calculated by using the following formulas (‘‘APY Earned’’ is used for convenience in September, a balance of $2,000 throughout Example the formulas): the 31 days of October, and a balance of (1) If an institution offers a $1,000 two-year $3,000 throughout the 30 days of November. A. General Formula certificate of deposit that does not compound The average daily balance for the quarter is and that pays out interest semi-annually by APY Earned = 100 [(1 + Interest earned/ $2,000, which results in $21 in interest check or transfer at a 6.00% interest rate, the Balance)(365/Days in period)¥1] earned for the quarter. The annual percentage yield earned would be shown on the periodic annual percentage yield may be disclosed as ‘‘Balance’’ is the average daily balance in statement for November. The annual 6.00%. the account for the period. percentage yield earned (using the formula (2) For time accounts covered by this ‘‘Interest earned’’ is the actual amount of above) is 4.28%: paragraph that are also stepped-rate accounts, interest earned on the account for the period. (365/91)¥ the annual percentage yield may be disclosed ‘‘Days in period’’ is the actual number of APY Earned = 100 [(1 + 21/2,000) 1] as equal to the composite interest rate. days for the period. APY Earned = 4.28% Example Examples B. Special Formula for Use Where Periodic (1) If an institution offers a $1,000 three- (1) Assume an institution calculates Statement Is Sent More Often Than the year certificate of deposit that does not interest for the statement period (and uses Period for Which Interest Is Compounded compound and that pays out interest either the daily balance or the average daily Institutions that use the daily balance annually by check or transfer at a 5.00% balance method), and the account has a method to accrue interest and that issue interest rate for the first year, 6.00% interest balance of $1,500 for 15 days and a balance periodic statements more often than the rate for the second year, and 7.00% interest of $500 for the remaining 15 days of a 30- period for which interest is compounded rate for the third year, the institution may day statement period. The average daily shall use the following special formula:

The following definition applies for use in Assume an institution calculates interest The account has a daily balance of $1,000 for this formula (all other terms are defined for the statement period using the daily a 30-day statement period. The interest under Part II): balance method, pays a 5.00% interest rate, earned is $4.11 for the period, and the annual ‘‘Compounding’’ is the number of days in compounded annually, and provides percentage yield earned (using the special each compounding period. periodic statements for each monthly cycle. formula above) is 5.00%:

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APY Earned=5.00% heat treatment has been done, and 216th St., Des Moines, WA 98198; ■ 14. In Supplement I to part 1030, replacement or repair if necessary. Since telephone and fax 206–231–3229. under Section 1030.7—Payment of we issued AD 2016–16–01, we have SUPPLEMENTARY INFORMATION: Interest, paragraph 7(c)—Date interest determined that additional affected Comments Invited begins to accrue is revised to read as parts in the cabin compartment follows: structure must also be inspected. This We invite you to send any written proposed AD would retain the relevant data, views, or arguments about Supplement I to Part 1030—Official requirements of AD 2016–16–01 and this proposal. Send your comments to Interpretations require inspection of additional an address listed under the ADDRESSES * * * * * locations of the cabin compartment section. Include ‘‘Docket No. FAA– structure. We are proposing this AD to Section 1030.7—Payment of Interest 2018–1005; Product Identifier 2018– address the unsafe condition on these NM–109–AD’’ at the beginning of your * * * * * products. (c) Date interest begins to accrue. comments. We specifically invite 1. Relation to Regulation CC. Institutions DATES: We must receive comments on comments on the overall regulatory, may rely on the Expedited Funds Availability this proposed AD by January 24, 2019. economic, environmental, and energy Act (EFAA) and Regulation CC (12 CFR part aspects of this proposed AD. We will ADDRESSES: You may send comments, 229) to determine, for example, when a consider all comments received by the using the procedures found in 14 CFR deposit is considered made for purposes of closing date and may amend this 11.43 and 11.45, by any of the following interest accrual, or when interest need not be proposed AD based on those comments. methods: paid on funds because a deposited check is We will post all comments we later returned unpaid. • Federal eRulemaking Portal: Go to receive, without change, to http:// 2. Ledger and collected balances. http://www.regulations.gov. Follow the www.regulations.gov, including any Institutions may calculate interest by using a instructions for submitting comments. personal information you provide. We ‘‘ledger’’ or ‘‘collected’’ balance method, as • Fax: 202–493–2251. long as the crediting requirements of the • will also post a report summarizing each EFAA are met (12 CFR 229.14). Mail: U.S. Department of substantive verbal contact we receive 3. Withdrawal of principal. Institutions Transportation, Docket Operations, M– about this proposed AD. must accrue interest on funds until the funds 30, West Building Ground Floor, Room are withdrawn from the account. For W12–140, 1200 New Jersey Avenue SE, Discussion example, if a check is debited to an account Washington, DC 20590. We issued AD 2016–16–01, on a Tuesday, the institution must accrue • Hand Delivery: Deliver to Mail Amendment 39–18599 (81 FR 51325, interest on those funds through Monday. address above between 9 a.m. and 5 August 4, 2016) (corrected September 1, By order of the Board of Governors of the p.m., Monday through Friday, except 2016 (81 FR 60246)) (‘‘AD 2016–16– Federal Reserve System, November 19, 2018. Federal holidays. 01’’), for certain Airbus SAS Model Ann E. Misback, For service information identified in A330–200 Freighter, –200, and –300 Secretary of the Board. this NPRM, contact Airbus SAS, series airplanes. AD 2016–16–01 Dated: September 20, 2018. Airworthiness Office—EIAS, Rond- requires an inspection of affected Mick Mulvaney, Point Emile Dewoitine No: 2, 31700 structural parts in the cargo and cabin Acting Director, Bureau of Consumer Blagnac Cedex, France; telephone +33 5 compartments to determine if proper Financial Protection. 61 93 36 96; fax +33 5 61 93 44 51; email heat treatment has been done, and [FR Doc. 2018–25746 Filed 12–7–18; 8:45 am] [email protected]; replacement or repair if necessary. AD internet http://www.airbus.com. You BILLING CODE P 2016–16–01 was prompted by a report may view this referenced service of a manufacturing defect that affects information at the FAA, Transport the durability of affected parts in the Standards Branch, 2200 South 216th St., DEPARTMENT OF TRANSPORTATION cargo and cabin compartment. We Des Moines, WA. For information on the issued AD 2016–16–01 to address crack Federal Aviation Administration availability of this material at the FAA, initiation and propagation in structural call 206–231–3195. parts of the cargo and cabin 14 CFR Part 39 Examining the AD Docket compartments, which could result in reduced structural integrity of the [Docket No. FAA–2018–1005; Product You may examine the AD docket on fuselage. Identifier 2018–NM–109–AD] the internet at http:// RIN 2120–AA64 www.regulations.gov by searching for Actions Since AD 2016–16–01 Was and locating Docket No. FAA–2018– Issued Airworthiness Directives; Airbus SAS 1005; or in person at Docket Operations Since we issued AD 2016–16–01, we Airplanes between 9 a.m. and 5 p.m., Monday have determined that additional affected through Friday, except Federal holidays. AGENCY: Federal Aviation parts in the cabin compartment The AD docket contains this NPRM, the Administration (FAA), DOT. structure must also be inspected. regulatory evaluation, any comments The European Aviation Safety Agency ACTION: Notice of proposed rulemaking received, and other information. The (NPRM). (EASA), which is the Technical Agent street address for Docket Operations for the Member States of the European SUMMARY: We propose to supersede (phone 800–647–5527) is in the Union, has issued EASA AD 2018–0147, Airworthiness Directive (AD) 2016–16– ADDRESSES section. Comments will be dated July 13, 2018 (referred to after this 01, which applies to certain Airbus SAS available in the AD docket shortly after as the Mandatory Continuing Model A330–200 Freighter, –200, and receipt. Airworthiness Information, or ‘‘the –300 series airplanes. AD 2016–16–01 FOR FURTHER INFORMATION CONTACT: MCAI’’), to correct an unsafe condition requires an inspection of affected Vladimir Ulyanov, Aerospace Engineer, for certain Model A330–200 Freighter, structural parts in the cargo and cabin International Section, Transport –200, and –300 series airplanes. The compartments to determine if proper Standards Branch, FAA, 2200 South MCAI states:

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It was determined that several structural of those missed structural parts to be This service information is reasonably parts, intended for cargo or cabin inspected. available because the interested parties compartment installation, were For the reasons described above, this have access to it through their normal manufactured from improperly heat-treated [EASA] AD retains the requirements of EASA materials. A subsequent review identified AD 2015–0212, which is superseded, and course of business or by the means that some of those parts were installed on expands the number and locations of identified in the ADDRESSES section. aeroplanes manufactured between November structural parts to be inspected. FAA’s Determination 2011 and February 2013. Consequently, You may examine the MCAI in the Airbus implemented measures into This product has been approved by manufacturing processes to ensure detection AD docket on the internet at http:// and to prevent further installation of such www.regulations.gov by searching for the aviation authority of another non-conforming parts. A detailed safety and locating Docket No. FAA–2018– country, and is approved for operation assessment was accomplished to identify the 1005. in the United States. Pursuant to our possible impact of these parts on the bilateral agreement with the State of aeroplane structure. The result of this Related Service Information Under 1 Design Authority, we have been notified CFR Part 51 structural analysis demonstrated the of the unsafe condition described in the capability of the affected structure to sustain Airbus has issued Service Bulletin MCAI and service information static limit loads, but failed to confirm that A330–53–3227, Revision 02, dated July the affected structures meet the certified referenced above. We are proposing this fatigue life. 25, 2018, which describes procedures AD because we evaluated all the This condition, if not detected and for inspecting affected structural parts relevant information and determined corrected, could lead to crack initiation and in the cargo compartment to determine the unsafe condition described propagation, possibly resulting in reduced if proper heat treatment has been done, previously is likely to exist or develop structural integrity of the fuselage. and replacing discrepant parts. on other products of the same type To address this unsafe condition, Airbus Airbus has also issued Service design. published the applicable SBs [service Bulletin A330–53–3228, Revision 01, bulletins] to provide inspection instructions dated April 11, 2018, which describes Proposed Requirements of This NPRM for affected structural cargo and cabin parts, procedures for inspecting affected respectively. Consequently, EASA issued AD This proposed AD would retain all of 2015–0212 [which corresponds to FAA AD structural parts in the cabin compartment to determine if proper the requirements of AD 2016–16–01. 2016–16–01] to require a one-time special This proposed AD would also require detailed inspection (SDI) [eddy current heat treatment has been done, doing inspection] to measure the electrical additional work (inspecting additional accomplishing the additional work conductivity of affected parts, to identify the locations of the cabin compartment specified in Airbus Service Bulletin presence or absence of heat treatment, and, structure), and doing related A330–53–3228, Revision 01, dated April depending on findings, applicable corrective investigative and corrective actions. 11, 2018, described previously. action(s) [replacement or repair]. Related investigative actions include an Costs of Compliance Since that AD was issued, Airbus eddy current inspection to verify the identified that some additional affected parts, located in the cabin compartment structure, measurement from the inspection to We estimate that this proposed AD have been missed and need to be inspected. determine if proper heat treatment has affects 20 airplanes of U.S. registry. We Consequently, Airbus issued SB A330–53– been done. Corrective actions include estimate the following costs to comply 3228 Revision 01 to introduce the locations replacing discrepant parts. with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost per Cost on U.S. Actions Labor cost Parts cost product operators

Retained actions from AD 11 work-hours × $85 per hour = $935 ...... $0 $935 $18,700 2016–16–01. New proposed additional work 5 work-hours × $85 per hour = $425 ...... 0 425 8,500

We estimate the following costs to do of any required actions. We have no way that might need this on-condition any necessary on-condition action that of determining the number of aircraft action: would be required based on the results

ESTIMATED COSTS OF ON-CONDITION ACTION

Cost per Labor cost Parts cost product

45 work-hours × $85 per hour = $3,825 ...... $0 * $3,825 * We have received no definitive data on the parts cost for the on-condition action.

According to the manufacturer, some result, we have included all known section 106, describes the authority of or all of the costs of this proposed AD costs in our cost estimate. the FAA Administrator. Subtitle VII: may be covered under warranty, thereby Aviation Programs, describes in more Authority for This Rulemaking reducing the cost impact on affected detail the scope of the Agency’s individuals. We do not control warranty Title 49 of the United States Code authority. coverage for affected individuals. As a specifies the FAA’s authority to issue We are issuing this rulemaking under rules on aviation safety. Subtitle I, the authority described in Subtitle VII,

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Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. (h) Retained Replacement of Non- ‘‘General requirements.’’ Under that Conforming Parts in the Cargo § 39.13 [Amended] section, Congress charges the FAA with Compartment, With Revised Service promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by Information air commerce by prescribing regulations removing Airworthiness Directive (AD) This paragraph restates the requirements of for practices, methods, and procedures 2016–16–01, Amendment 39–18599 (81 paragraph (h) of AD 2016–16–01, with the Administrator finds necessary for revised service information. If, during the FR 51325, August 4, 2016) (corrected inspection required by paragraph (g) of this safety in air commerce. This regulation September 1, 2016 (81 FR 60246)), and AD, an affected structural part in the cargo is within the scope of that authority adding the following new AD: compartment is identified to have a because it addresses an unsafe condition Airbus SAS: Docket No. FAA–2018–1005; measured value greater than 26 megasiemens that is likely to exist or develop on Product Identifier 2018–NM–109–AD. per meter (MS/m), or greater than 44.8% products identified in this rulemaking International Annealed Copper Standard action. (a) Comments Due Date (IACS), before further flight, replace the This proposed AD is issued in We must receive comments by January 24, affected structural part with a serviceable accordance with authority delegated by 2019. part, in accordance with the the Executive Director, Aircraft Accomplishment Instructions of Airbus (b) Affected ADs Service Bulletin A330–53–3227, dated Certification Service, as authorized by This AD replaces AD 2016–16–01, August 18, 2015; or Airbus Service Bulletin FAA Order 8000.51C. In accordance A330–53–3227, Revision 02, dated July 25, Amendment 39–18599 (81 FR 51325, August with that order, issuance of ADs is 2018. As of the effective date of this AD, only 4, 2016) (corrected September 1, 2016 (81 FR normally a function of the Compliance Airbus Service Bulletin A330–53–3227, 60246)) (‘‘AD 2016–16–01’’). and Airworthiness Division, but during Revision 02, dated July 25, 2018, may be this transition period, the Executive (c) Applicability used. Director has delegated the authority to This AD applies to the Airbus SAS (i) Retained Repair of Non-Conforming Parts issue ADs applicable to transport airplanes, certificated in any category, in the Cargo Compartment, With Revised category airplanes and associated identified in paragraphs (c)(1), (c)(2), and Service Information appliances to the Director of the System (c)(3) of this AD, manufacturer serial This paragraph restates the requirements of Oversight Division. numbers 1175, 1180, 1287 through 1475 paragraph (i) of AD 2016–16–01, with revised inclusive, 1478, 1480, 1483, and 1506. service information. If, during the inspection Regulatory Findings (1) Model A330–223F and –243F airplanes. required by paragraph (g) of this AD, an We determined that this proposed AD (2) Model A330–201, –202, –203, –223, and affected structural part in the cargo would not have federalism implications –243 airplanes. compartment is identified to have a under Executive Order 13132. This (3) Model A330–301, –302, –303, –321, measured value other than those specified in –322, –323, –341, –342, and –343 airplanes. Figure A–GFAAA, Sheet 01, ‘‘Inspection proposed AD would not have a Flowchart,’’ of Airbus Service Bulletin A330– substantial direct effect on the States, on (d) Subject 53–3227, dated August 18, 2015; or Airbus the relationship between the national Air Transport Association (ATA) of Service Bulletin A330–53–3227, Revision 02, Government and the States, or on the America Code 53, Fuselage. dated July 25, 2018; before further flight, distribution of power and repair using a method approved by the responsibilities among the various (e) Reason Manager, International Section, Transport levels of government. This AD was prompted by a report of a Standards Branch, FAA; or the European For the reasons discussed above, I manufacturing defect (i.e., improperly heat- Aviation Safety Agency (EASA); or Airbus SAS’s EASA Design Organization Approval certify this proposed regulation: treated materials) that affects the durability of affected parts in the cargo and cabin (DOA). If approved by the DOA, the approval 1. Is not a ‘‘significant regulatory must include the DOA-authorized signature. action’’ under Executive Order 12866, compartments. We are issuing this AD to address crack initiation and propagation in As of the effective date of this AD, only 2. Is not a ‘‘significant rule’’ under the Airbus Service Bulletin A330–53–3227, DOT Regulatory Policies and Procedures affected parts in the cargo and cabin compartments, which could result in reduced Revision 02, dated July 25, 2018, may be used to identify the measured value. (44 FR 11034, February 26, 1979), structural integrity of the fuselage. 3. Will not affect intrastate aviation in (j) Retained Inspection of Affected Structure (f) Compliance Alaska, and in the Cabin Compartment, With Revised 4. Will not have a significant Comply with this AD within the Service Information economic impact, positive or negative, compliance times specified, unless already This paragraph restates the requirements of on a substantial number of small entities done. paragraph (j) of AD 2016–16–01, with revised under the criteria of the Regulatory (g) Retained Inspection of Affected Structure service information. Within 72 months since Flexibility Act. in the Cargo Compartment, With Revised first flight of the airplane, do an eddy current List of Subjects in 14 CFR Part 39 Service Information inspection of affected structural parts in the cabin compartment to determine if proper Air transportation, Aircraft, Aviation This paragraph restates the requirements of heat treatment has been done as identified in, safety, Incorporation by reference, paragraph (g) of AD 2016–16–01, with and in accordance with, the Accomplishment revised service information. Within 72 Safety. Instructions of Airbus Service Bulletin A330– months since first flight of the airplane, do 53–3228, dated August 18, 2015; or Airbus The Proposed Amendment an eddy current inspection (i.e., conductivity Service Bulletin A330–53–3228, Revision 01, measurement) of affected structural parts in dated April 11, 2018. As of the effective date Accordingly, under the authority the cargo compartment to determine if proper delegated to me by the Administrator, of this AD, only Airbus Service Bulletin heat treatment has been done as identified in, A330–53–3228, Revision 01, dated April 11, the FAA proposes to amend 14 CFR part and in accordance with, the Accomplishment 2018, may be used. 39 as follows: Instructions of Airbus Service Bulletin A330– 53–3227, dated August 18, 2015; or Airbus (k) Retained Replacement of Non- PART 39—AIRWORTHINESS Service Bulletin A330–53–3227, Revision 02, Conforming Parts in the Cabin DIRECTIVES dated July 25, 2018. As of the effective date Compartment, With Revised Service of this AD, only Airbus Service Bulletin Information ■ 1. The authority citation for part 39 A330–53–3227, Revision 02, dated July 25, This paragraph restates the requirements of continues to read as follows: 2018, may be used. paragraph (k) of AD 2016–16–01, with

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revised service information. If, during the Accomplishment Instructions of Airbus (3) Required for Compliance (RC): Except inspection required by paragraph (j) of this Service Bulletin A330–53–3228, dated as required by paragraphs (i), (l), (m), and (o) AD, an affected structural part in the cabin August 18, 2015: Before exceeding 108 of this AD: If any service information compartment is identified to have a months since the airplane’s first flight, do an contains procedures or tests that are measured value greater than 26 MS/m or eddy current conductivity test of the forward identified as RC, those procedures and tests greater than 44.8% IACS, before further cabin overhead compartment, and do all must be done to comply with this AD; any flight, replace the affected structural part applicable related investigative and procedures or tests that are not identified as with a serviceable part, in accordance with corrective actions, in accordance with the RC are recommended. Those procedures and the Accomplishment Instructions of Airbus applicable ‘‘additional work’’ task in the tests that are not identified as RC may be Service Bulletin A330–53–3228, dated Accomplishment Instructions of Airbus deviated from using accepted methods in August 18, 2015; or Airbus Service Bulletin Service Bulletin A330–53–3228, Revision 01, accordance with the operator’s maintenance A330–53–3228, Revision 01, dated April 11, dated April 11, 2018. Do all applicable or inspection program without obtaining 2018. As of the effective date of this AD, only related investigative and corrective actions approval of an AMOC, provided the Airbus Service Bulletin A330–53–3228, before further flight. Where Airbus Service procedures and tests identified as RC can be Revision 01, dated April 11, 2018, may be Bulletin A330–53–3228, Revision 01, dated done and the airplane can be put back in an used. April 11, 2018, specifies to contact Airbus for airworthy condition. Any substitutions or changes to procedures or tests identified as appropriate action: Before further flight, (l) Retained Repair of Non-Conforming Parts RC require approval of an AMOC. accomplish corrective actions in accordance in the Cabin Compartment, With Revised with the procedures specified in paragraph Service Information and New Alternative (q) Related Information (p)(2) of this AD. Actions (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA This paragraph restates the requirements of (n) No Reporting Airworthiness Directive 2018–0147, dated paragraph (l) of AD 2016–16–01, with revised Although Airbus Service Bulletin A330– July 13, 2018, for related information. This service information and new alternative 53–3227, Revision 02, dated July 25, 2018, MCAI may be found in the AD docket on the actions. If, during the inspection required by and Airbus Service Bulletin A330–53–3228, internet at http://www.regulations.gov by paragraph (j) of this AD, an affected Revision 01, dated April 11, 2018, specify to searching for and locating Docket No. FAA– structural part in the cabin compartment is submit certain information to the 2018–1005. identified to have a measured value other manufacturer, and specify that action as (2) For more information about this AD, than those specified in Figure A–GFAAA, ‘‘RC’’ (required for compliance), this AD does contact Vladimir Ulyanov, Aerospace Sheet 01, ‘‘Inspection Flowchart,’’ of Airbus not include that requirement. Engineer, International Section, Transport Service Bulletin A330–53–3228, dated (o) Credit for Previous Actions Standards Branch, FAA, 2200 South 216th August 18, 2015; or to have to a measured St., Des Moines, WA 98198; telephone and value between 22 MS/m and 26 MS/m or This paragraph provides credit for the fax 206–231–3229. between 37.9 and 44.8% IACS, as specified actions specified in paragraphs (g), (h), and (3) For service information identified in in Airbus Service Bulletin A330–53–3228, (i) of this AD, if those actions were performed this AD, contact Airbus SAS, Airworthiness Revision 01, dated April 11, 2018, before before the effective date of this AD using Office—EIAS, Rond-Point Emile Dewoitine further flight, do the actions specified in Airbus Service Bulletin A330–53–3227, No: 2, 31700 Blagnac Cedex, France; paragraph (l)(1) or (l)(2) of this AD. As of the Revision 01, dated July 5, 2016. telephone +33 5 61 93 36 96; fax +33 5 61 effective date of this AD, only Airbus Service (p) Other FAA AD Provisions 93 44 51; email account.airworth-eas@ Bulletin A330–53–3228, Revision 01, dated airbus.com; internet http://www.airbus.com. April 11, 2018, may be used to identify the (1) Alternative Methods of Compliance You may view this service information at the measured value. (AMOCs): The Manager, International FAA, Transport Standards Branch, 2200 (1) Repair using a method approved by the Section, Transport Standards Branch, FAA, South 216th St., Des Moines, WA. For Manager, International Section, Transport has the authority to approve AMOCs for this information on the availability of this Standards Branch, FAA; or the EASA; or AD, if requested using the procedures found material at the FAA, call 206–231–3195. Airbus SAS’s EASA DOA. If approved by the in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal Issued in Des Moines, Washington, on DOA, the approval must include the DOA- November 23, 2018. authorized signature. inspector or local Flight Standards District (2) Do an eddy current inspection to verify Office, as appropriate. If sending information John P. Piccola, the measurement, in accordance with the directly to the International Section, send it Acting Director, System Oversight Division, Accomplishment Instructions of Airbus to the attention of the person identified in Aircraft Certification Service. Service Bulletin A330–53–3228, Revision 01, paragraph (q)(2) of this AD. Information may [FR Doc. 2018–26462 Filed 12–7–18; 8:45 am] dated April 11, 2018. be emailed to 9-ANM-116-AMOC- BILLING CODE 4910–13–P (i) If an affected structural part in the cabin [email protected]. compartment is identified to have a (i) Before using any approved AMOC, measured value between 22 MS/m and 26 notify your appropriate principal inspector, DEPARTMENT OF TRANSPORTATION MS/m or between 37.9 and 44.8% IACS, or lacking a principal inspector, the manager before further flight, repair using a method of the local flight standards district office/ Federal Aviation Administration approved by the Manager, International certificate holding district office. (ii) AMOC letters ANM–116–17–118, dated Section, Transport Standards Branch, FAA; 14 CFR Part 71 or the EASA; or Airbus SAS’s EASA DOA. February 2, 2017, and AIR–676–18–369, If approved by the DOA, the approval must dated September 17, 2018, approved [Docket No. FAA–2018–0987; Airspace include the DOA-authorized signature. previously for AD 2016–16–01, are approved Docket No. 18–ASO–19] (ii) If an affected structural part in the as AMOCs for the corresponding provisions cabin compartment is identified to have a of this AD. RIN 2120–AA66 measured value greater than 26 MS/m or (2) Contacting the Manufacturer: As of the greater than 44.8% IACS, before further effective date of this AD, for any requirement Proposed Amendment of Class E flight, do the replacement specified in in this AD to obtain corrective actions from Airspace; Auburn, AL paragraph (k) of this AD. a manufacturer, the action must be accomplished using a method approved by AGENCY: Federal Aviation (m) New Requirement of This AD: Inspection the Manager, International Section, Transport Administration (FAA), DOT. of Additional Cabin Locations Standards Branch, FAA; or the EASA; or ACTION: Notice of proposed rulemaking For an airplane on which the cabin Airbus SAS’s EASA Design Organization (NPRM). compartment structure was inspected and Approval (DOA). If approved by the DOA, corrective actions were done before the the approval must include the DOA- SUMMARY: This action proposes to effective date of this AD as specified in the authorized signature. amend Class E airspace extending

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upward from 700 feet above the surface Subtitle I, Section 106 describes the comments will be considered before at Auburn University Regional Airport, authority of the FAA Administrator. taking action on the proposed rule. The Auburn, AL, to accommodate new area Subtitle VII, Aviation Programs, proposal contained in this notice may navigation (RNAV) global positioning describes in more detail the scope of the be changed in light of the comments system (GPS) standard instrument agency’s authority. This proposed received. A report summarizing each approach procedures serving this rulemaking is promulgated under the substantive public contact with FAA airport. Also, this action would authority described in Subtitle VII, Part personnel concerned with this recognize the airport’s name change and A, Subpart I, Section 40103. Under that rulemaking will be filed in the docket. section, the FAA is charged with update the airport’s geographic Availability of NPRMs coordinates. Controlled airspace is prescribing regulations to assign the use necessary for the safety and of airspace necessary to ensure the An electronic copy of this document management of instrument flight rules safety of aircraft and the efficient use of may be downloaded through the (IFR) operations at this airport. airspace. This regulation is within the internet at http://www.regulations.gov. DATES: Comments must be received on scope of that authority, as it would Recently published rulemaking or before January 24, 2019. amend Class E airspace extending documents can also be accessed through the FAA’s web page at http:// ADDRESSES: Send comments on this rule upward from 700 feet above the surface www.faa.gov/air_traffic/publications/ to: U.S. Department of Transportation, at Auburn University Regional Airport, Auburn, AL, to support standard airspace_amendments/. Docket Operations, 1200 New Jersey You may review the public docket Avenue SE, West Bldg. Ground Floor, instrument approach procedures for IFR operations at this airport. containing the proposal, any comments Rm. W12–140, Washington, DC 20590; received and any final disposition in Telephone: 1–800–647–5527, or (202) Comments Invited person in the Dockets Office (see the 366–9826. You must identify the Docket Interested persons are invited to ADDRESSES section for address and No. FAA–2018–0987; Airspace Docket comment on this proposed rulemaking phone number) between 9:00 a.m. and No. 18–ASO–19, at the beginning of by submitting such written data, views, 5:00 p.m., Monday through Friday, your comments. You may also submit or arguments, as they may desire. except federal holidays. An informal and review received comments through Comments that provide the factual basis docket may also be examined between the internet at http:// supporting the views and suggestions 8:00 a.m. and 4:30 p.m., Monday www.regulations.gov. You may review presented are particularly helpful in through Friday, except federal holidays the public docket containing the developing reasoned regulatory at the office of the Eastern Service proposal, any comments received, and decisions on the proposal. Comments Center, Federal Aviation any final disposition in person in the are specifically invited on the overall Administration, Room 350, 1701 Dockets Office between 9:00 a.m. and regulatory, aeronautical, economic, Columbia Avenue, College Park, GA 5:00 p.m., Monday through Friday, environmental, and energy-related 30337. except federal holidays. aspects of the proposal. FAA Order 7400.11C, Airspace Communications should identify both Availability and Summary of Designations and Reporting Points, and docket numbers (Docket No. FAA– Documents for Incorporation by subsequent amendments can be viewed 2018–0987 and Airspace Docket No. 18– Reference _ on line at http://www.faa.gov/air ASO–19) and be submitted in triplicate This document proposes to amend traffic/publications/. For further to DOT Docket Operations (see FAA Order 7400.11C, Airspace information, you can contact the ADDRESSES section for the address and Designations and Reporting Points, Airspace Policy Group, Federal Aviation phone number). You may also submit dated August 13, 2018, and effective Administration, 800 Independence comments through the internet at http:// September 15, 2018. FAA Order Avenue SW, Washington, DC 20591; www.regulations.gov. 7400.11C is publicly available as listed telephone: (202) 267–8783. The Order is Persons wishing the FAA to in the ADDRESSES section of this also available for inspection at the acknowledge receipt of their comments document. FAA Order 7400.11C lists National Archives and Records on this action must submit with those Class A, B, C, D, and E airspace areas, Administration (NARA). For comments a self-addressed stamped air traffic service routes, and reporting information on the availability of FAA postcard on which the following points. Order 7400.11C at NARA, call (202) statement is made: ‘‘Comments to FAA 741–6030, or go to https:// Docket No. FAA–2018–0987; Airspace The Proposal www.archives.gov/federal-register/cfr/ Docket No. 18–ASO–19.’’ The postcard The FAA is considering an ibr-locations.html. will be date/time stamped and returned amendment to Title 14 Code of Federal FAA Order 7400.11, Airspace to the commenter. Regulations (14 CFR) part 71 to amend Designations and Reporting Points, is All communications received before Class E airspace extending upward from published yearly and effective on the specified closing date for comments 700 feet above the surface within a 6.9- September 15. will be considered before taking action mile radius (increased from a 6.5 mile FOR FURTHER INFORMATION CONTACT: John on the proposed rule. The proposal radius) and adding an extension of 11- Fornito, Operations Support Group, contained in this document may be miles southwest of Auburn University Eastern Service Center, Federal Aviation changed in light of the comments Regional Airport, Auburn, AL, Administration, 1701 Columbia Avenue, received. All comments submitted will providing the controlled airspace College Park, GA 30337; telephone (404) be available for examination in the required to support the new RNAV 305–6364. public docket both before and after the (GPS) standard instrument approach SUPPLEMENTARY INFORMATION: comment closing date. A report procedures for IFR operations at this summarizing each substantive public airport. Authority for This Rulemaking contact with FAA personnel concerned Also, this action would recognize the The FAA’s authority to issue rules with this rulemaking will be filed in the airport’s name change to Auburn regarding aviation safety is found in docket. All communications received on University Regional Airport, (from Title 49 of the United States Code. or before the specified closing date for Auburn-Opelika Robert G. Pitts Airport),

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and the geographic coordinates of the Airspace Designations and Reporting 366–9826. You must identify the Docket airport would be adjusted to be in Points, dated August 13, 2018, and No. FAA–2018–0998; Airspace Docket concert with the FAA’s aeronautical effective September 15, 2018, is No. 18–AEA–19, at the beginning of database. amended as follows: your comments. You may also submit Class E airspace designations are Paragraph 6005 Class E Airspace Areas comments through the internet at http:// published in Paragraph 6005 of FAA Extending Upward From 700 Feet or More www.regulations.gov. Order 7400.11C, dated August 13, 2018, Above the Surface of the Earth. FAA Order 7400.11C, Airspace and effective September 15, 2018, which * * * * * Designations and Reporting Points, and is incorporated by reference in 14 CFR subsequent amendments can be viewed 71.1. The Class E airspace designations ASO AL E5 Auburn, AL [Amended] on line at http://www.faa.gov/air_ listed in this document will be Auburn University Regional Airport, AL traffic/publications/. For further published subsequently in the Order. (Lat. 32°36′54″ N, long. 85°26′02″ W) information, you can contact the Regulatory Notices and Analyses That airspace extending upward from 700 Airspace Policy Group, Federal Aviation feet above the surface within a 6.9-mile Administration, 800 Independence The FAA has determined that this radius of Auburn University Regional Avenue SW, Washington, DC 20591; proposed regulation only involves an Airport, and within 1.6-miles each side of the ° telephone: (202) 267–8783. The Order is established body of technical 237 bearing from the airport, extending from also available for inspection at the regulations for which frequent and the 6.9-mile radius to 11 miles southwest of the airport. National Archives and Records routine amendments are necessary to Administration (NARA). For keep them operationally current. It, Issued in College Park, Georgia, on information on the availability of FAA therefore: (1) Is not a ‘‘significant November 29, 2018. Order 7400.11C at NARA, call (202) regulatory action’’ under Executive Ryan W. Almasy, 741–6030, or go to https:// Order 12866; (2) is not a ‘‘significant Manager, Operations Support Group, Eastern www.archives.gov/federal-register/cfr/ rule’’ under DOT Regulatory Policies Service Center, Air Traffic Organization. ibr-locations.html. and Procedures (44 FR 11034; February [FR Doc. 2018–26560 Filed 12–7–18; 8:45 am] FAA Order 7400.11, Airspace 26, 1979); and (3) does not warrant BILLING CODE 4910–13–P Designations and Reporting Points, is preparation of a regulatory evaluation as published yearly and effective on the anticipated impact is so minimal. September 15. Since this is a routine matter that will DEPARTMENT OF TRANSPORTATION only affect air traffic procedures and air FOR FURTHER INFORMATION CONTACT: John navigation, it is certified that this Federal Aviation Administration Fornito, Operations Support Group, proposed rule, when promulgated, will Eastern Service Center, Federal Aviation not have a significant economic impact 14 CFR Part 71 Administration, 1701 Columbia Avenue, on a substantial number of small entities College Park, GA 30337; telephone (404) [Docket No. FAA–2018–0998; Airspace 305–6364. under the criteria of the Regulatory Docket No. 18–AEA–19] Flexibility Act. SUPPLEMENTARY INFORMATION: RIN 2120–AA66 Environmental Review Authority for This Rulemaking This proposal would be subject to an Proposed Amendment of Class E The FAA’s authority to issue rules environmental analysis in accordance Airspace, Corry, PA regarding aviation safety is found in with FAA Order 1050.1F, AGENCY: Federal Aviation Title 49 of the United States Code. ‘‘Environmental Impacts: Policies and Administration (FAA), DOT. Subtitle I, Section 106 describes the Procedures’’ prior to any FAA final authority of the FAA Administrator. ACTION: Notice of proposed rulemaking regulatory action. Subtitle VII, Aviation Programs, (NPRM). describes in more detail the scope of the Lists of Subjects in 14 CFR Part 71 SUMMARY: This action proposes to agency’s authority. This rulemaking is Airspace, Incorporation by reference, amend Class E airspace extending promulgated under the authority Navigation (air). upward from 700 feet above the surface described in Subtitle VII, Part A, The Proposed Amendment at Corry-Lawrence Airport, Corry, PA, to Subpart I, Section 40103. Under that accommodate airspace reconfiguration section, the FAA is charged with In consideration of the foregoing, the prescribing regulations to assign the use Federal Aviation Administration due to the decommissioning of the Corry non-directional radio beacon and of airspace necessary to ensure the proposes to amend 14 CFR part 71 as safety of aircraft and the efficient use of follows: cancellation of the NDB approach. Controlled airspace is necessary for the airspace. This regulation is within the PART 71—DESIGNATION OF CLASS A, safety and management of instrument scope of that authority, as it would B, C, D, AND E AIRSPACE AREAS; AIR flight rules (IFR) operations at this amend Class E airspace at Corry- TRAFFIC SERVICE ROUTES; AND airport. This action also would update Lawrence Airport, Corry, PA, to support REPORTING POINTS the geographic coordinates of this IFR operations at this airport. airport. Comments Invited ■ 1. The authority citation for part 71 DATES: Comments must be received on continues to read as follows: Interested persons are invited to or before January 24, 2019. comment on this proposed rulemaking Authority: 49 U.S.C. 106(f), 106(g); 40103, ADDRESSES: 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Send comments on this by submitting such written data, views, 1959–1963 Comp., p. 389. proposal to: The U.S. Department of or arguments, as they may desire. Transportation, Docket Operations, 1200 Comments that provide the factual basis § 71.1 [Amended] New Jersey Avenue SE, West Building supporting the views and suggestions ■ 2. The incorporation by reference in Ground Floor, Room W12–140, presented are particularly helpful in 14 CFR 71.1 of Federal Aviation Washington, DC 20590–0001; developing reasoned regulatory Administration Order 7400.11C, Telephone: (800) 647–5527, or (202) decisions on the proposal. Comments

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are specifically invited on the overall Designations and Reporting Points, Lists of Subjects in 14 CFR Part 71 regulatory, aeronautical, economic, dated August 13, 2018, and effective Airspace, Incorporation by reference, environmental, and energy-related September 15, 2018. FAA Order Navigation (air). aspects of the proposal. 7400.11C is publicly available as listed Communications should identify both in the ADDRESSES section of this The Proposed Amendment docket numbers (Docket No. FAA– document. FAA Order 7400.11C lists In consideration of the foregoing, the 2018–0998 and Airspace Docket No. 18– Class A, B, C, D, and E airspace areas, Federal Aviation Administration AEA–19) and be submitted in triplicate air traffic service routes, and reporting proposes to amend 14 CFR part 71 as to DOT Docket Operations (see points. follows: ADDRESSES section for the address and The Proposal phone number). You may also submit PART 71—DESIGNATION OF CLASS A, comments through the internet at http:// The FAA proposes an amendment to B, C, D, AND E AIRSPACE AREAS; AIR www.regulations.gov. Title 14 Code of Federal Regulations (14 TRAFFIC SERVICE ROUTES; AND Persons wishing the FAA to CFR) part 71 to modify Class E airspace REPORTING POINTS acknowledge receipt of their comments extending upward from 700 feet or more on this action must submit with those above the surface within a 7.4-mile ■ 1. The authority citation for part 71 comments a self-addressed stamped radius (increased from a 6.3-mile continues to read as follows: postcard on which the following radius), with a southeast extension from Authority: 49 U.S.C. 106(f), 106(g); 40103, statement is made: ‘‘Comments to FAA the 7.4-mile radius to 11-miles of Corry- 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Docket No. FAA–2018–0998; Airspace Lawrence Airport, Corry, PA, due to the 1959–1963 Comp., p. 389. Docket No. 18–AEA–19.’’ The postcard decommissioning of the Corry NDB, and § 71.1 [Amended] will be date/time stamped and returned cancellation of the NDB approach. The ■ to the commenter. airspace redesign would enhance the 2. The incorporation by reference in All communications received before safety and management of IFR 14 CFR 71.1 of Federal Aviation the specified closing date for comments operations at the airport. The geographic Administration Order 7400.11C, will be considered before taking action coordinates of the airport also would be Airspace Designations and Reporting on the proposed rule. The proposal adjusted to coincide with the FAA’s Points, dated August 13, 2018, and contained in this document may be aeronautical database. effective September 15, 2018, is changed in light of the comments amended as follows: Class E airspace designations are received. All comments submitted will published in Paragraph 6005 of FAA Paragraph 6005 Class E Airspace Areas be available for examination in the Order 7400.11C, dated August 13, 2018, Extending Upward From 700 Feet or More public docket both before and after the and effective September 15, 2018, which Above the Surface of the Earth. comment closing date. A report is incorporated by reference in 14 CFR * * * * * summarizing each substantive public 71.1. The Class E airspace designation contact with FAA personnel concerned AEA PA E5 Corry, PA [Amended] listed in this document will be with this rulemaking will be filed in the Corry-Lawrence Airport, PA published subsequently in the Order. docket. (Lat. 41°54′27″ N, long. 79°38′28″ W) Regulatory Notices and Analyses That airspace extending upward from 700 Availability of NPRMs feet above the surface within a 7.4-mile An electronic copy of this document The FAA has determined that this radius of Corry-Lawrence Airport, and within may be downloaded through the proposed regulation only involves an 4-miles each side of the 140° bearing from the internet at http://www.regulations.gov. established body of technical airport, extending from the 7.4-mile radius to Recently published rulemaking regulations for which frequent and 11 miles southeast of the airport. documents can also be accessed through routine amendments are necessary to Issued in College Park, Georgia, on the FAA’s web page at http:// keep them operationally current. It, November 29, 2018. www.faa.gov/air_traffic/publications/ therefore: (1) Is not a ‘‘significant Ryan W. Almasy, airspace_amendments/. regulatory action’’ under Executive Manager, Operations Support Group, Eastern You may review the public docket Order 12866; (2) is not a ‘‘significant Service Center, Air Traffic Organization. containing the proposal, any comments rule’’ under DOT Regulatory Policies [FR Doc. 2018–26569 Filed 12–7–18; 8:45 am] and Procedures (44 FR 11034; February received and any final disposition in BILLING CODE 4910–13–P person in the Dockets Office (see the 26, 1979); and (3) does not warrant ADDRESSES section for address and preparation of a Regulatory Evaluation as the anticipated impact is so minimal. phone number) between 9:00 a.m. and COMMODITY FUTURES TRADING Since this is a routine matter that will 5:00 p.m., Monday through Friday, COMMISSION except federal holidays. An informal only affect air traffic procedures and air docket may also be examined between navigation, it is certified that this 17 CFR Part 160 8:00 a.m. and 4:30 p.m., Monday proposed rule, when promulgated, will through Friday, except federal holidays not have a significant economic impact RIN 3038–AE80 on a substantial number of small entities at the office of the Eastern Service Privacy of Consumer Financial Center, Federal Aviation under the criteria of the Regulatory Flexibility Act. Information—Amendment To Conform Administration, Room 350, 1701 Regulations to the Fixing America’s Columbia Avenue, College Park, GA Environmental Review Surface Transportation Act 30337. This proposal will be subject to an AGENCY: Commodity Futures Trading Availability and Summary of environmental analysis in accordance Commission. Documents for Incorporation by with FAA Order 1050.1F, ACTION: Proposed rule. Reference ‘‘Environmental Impacts: Policies and This document proposes to amend Procedures’’ prior to any FAA final SUMMARY: The Commodity Futures FAA Order 7400.11C, Airspace regulatory action. Trading Commission (‘‘CFTC’’ or

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‘‘Commission’’) is proposing to revise its 5213, [email protected]; Frank Fisanich, Consistent with Title V, part 160 regulations requiring covered persons to Chief Counsel, (202) 418–5949, requires that, generally, all FCMs, provide annual privacy notices to [email protected]; or Jacob Chachkin, RFEDs, CTAs, CPOs, IBs, MSPs, and customers. The proposed revisions Special Counsel, (202) 418–5496, SDs that are subject to the jurisdiction implement the Fixing America’s Surface [email protected], Division of Swap of the Commission, regardless of Transportation Act’s (‘‘FAST Act’’) Dealer and Intermediary Oversight, whether they are required to register December 2015 statutory amendment to Commodity Futures Trading with the Commission (‘‘Covered the Gramm-Leach-Bliley Act (‘‘GLB Commission, Three Lafayette Centre, Persons’’), provide a clear and Act’’) by providing an exception to the 1155 21st Street NW, Washington, DC conspicuous notice to customers that annual notice requirement under certain 20581. accurately reflects their privacy policies conditions. SUPPLEMENTARY INFORMATION: and practices not less than annually DATES: Comments must be received on during the life of the customer I. Background 10 or before February 8, 2019. relationship. 2 ADDRESSES: You may submit comments, Title V, Subtitle A of the GLB Act On December 4, 2015, Congress identified by RIN 3038–AE80, by any of (‘‘Title V’’) mandates that financial amended Title V as part of the FAST the following methods: institutions provide their consumers Act.11 This amendment, titled • CFTC Comments Portal: https:// with whom they have customer ‘‘Eliminate Privacy Notice Confusion,’’ comments.cftc.gov. Select the ‘‘Submit relationships (‘‘customers’’) with annual added section 503(f) to the GLB Act to Comments’’ link for this rulemaking and notices regarding those institutions’ limit the circumstances under which a 3 follow the instructions on the Public privacy policies and practices. Further, financial institution must provide a Comment Form. subject to certain exceptions, if financial privacy notice to its customers on an • Mail: Send to Christopher institutions share nonpublic personal annual basis.12 In particular, under Kirkpatrick, Secretary of the information with particular types of section 503(f), a financial institution is Commission, Commodity Futures third parties, the financial institutions excepted from the requirement to send Trading Commission, Three Lafayette must also provide their consumers with privacy notices on an annual basis if Center, 1155 21st Street, NW, an opportunity to opt out of the that financial institution (1) does not 4 Washington, DC 20581. sharing. The Commission and entities share nonpublic personal information • Hand Delivery/Courier: Follow the subject to its jurisdiction were originally except as described in certain specified 5 same instructions as for Mail, above. excluded from Title V’s coverage. exceptions; and (2) has not changed its Please submit your comments using However, section 124 of the Commodity policies and practices with regard to 6 only one of these methods. Submissions Futures Modernization Act of 2000 disclosing nonpublic personal through the CFTC Comments Portal are amended the Commodity Exchange Act information from those policies and 7 encouraged. (‘‘CEA’’) to add section 5g, providing practices that the institution disclosed All comments must be submitted in that futures commission merchants in the most recent disclosure it sent to English, or if not, accompanied by an (‘‘FCMs’’), commodity trading advisors consumers in accordance with section English translation. Comments will be (‘‘CTAs’’), commodity pool operators 503.13 This amendment to the GLB Act posted as received to https:// (‘‘CPOs’’), and introducing brokers became effective upon enactment of the comments.cftc.gov. You should submit (‘‘IBs’’) 8 fall under the requirements of FAST Act in December 2015. The only information that you wish to make Title V and requiring the Commission to Commission is now proposing to amend available publicly. If you wish the prescribe regulations in furtherance of § 160.5 of the Commission’s regulations Commission to consider information Title V. Thus, in 2001, the Commission (the ‘‘Proposal’’) to implement the FAST that you believe is exempt from promulgated part 160 of its regulations Act amendments to the GLB Act with disclosure under the Freedom of to establish standards relating to Title respect to Covered Persons, as described Information Act (‘‘FOIA’’), a petition for V.9 below.14 confidential treatment of the exempt 2 information may be submitted according Title V, Subtitle A, Public Law 106–102, 113 CEA and § 1.3 of the Commission’s regulations. 7 Stat. 1338 (1999), as codified at 15 U.S.C. 6801– U.S.C. 1a and 17 CFR 1.3. to the procedures established in § 145.9 6809. 10 1 17 CFR 160.1 and 160.5. Part 160 does not of the Commission’s regulations. 3 See 15 U.S.C. 6803. apply to foreign (non-resident) FCMs, RFEDs, CTAs, The Commission reserves the right, 4 See 15 U.S.C. 6802(b). See also 15 U.S.C. CPOs, IBs, MSPs, and SDs that are not registered but shall have no obligation, to review, 6809(4)(A) (defining ‘‘nonpublic personal with the Commission. 17 CFR 160.1. Therefore, pre-screen, filter, redact, refuse or information’’). they are not ‘‘Covered Persons’’ as defined in this 5 remove any or all of your submission 15 U.S.C. 6809(3)(B). release. 6 Section 124, Appendix E of Public Law 106– 11 Section 75001, Public Law 114–94, 129 Stat. from https://comments.cftc.gov that it 554, 114 Stat. 2763 (2000). 1312 (2015), available at http://transportation. may deem to be inappropriate for 7 7 U.S.C. 7b–2. house.gov/uploadedfiles/fastact_xml.pdf (last publication, such as obscene language. 8 For the definitions of these intermediary visited Nov. 30, 2018). All submissions that have been redacted categories, see section 1a of the CEA and § 1.3 of 12 Id. or removed that contain comments on the Commission’s regulations. 7 U.S.C. 1a and 17 13 See 15 U.S.C. 6803(f). CFR 1.3. 14 In developing the Proposal, pursuant to Section the merits of the rulemaking will be 9 Privacy of Customer Information, 66 FR 21235 6804(a)(2) of the GLB Act, the Commission retained in the public comment file and (April 27, 2001). The Commission later modified its consulted and coordinated with the Bureau of will be considered as required under the part 160 regulations to apply them to retail foreign Consumer Financial Protection (‘‘BCFP’’), the Administrative Procedure Act and other exchange dealers (‘‘RFEDs’’), swap dealers (‘‘SDs’’), Securities and Exchange Commission, the Federal and major swap participants (‘‘MSPs’’). Regulation Trade Commission, and the National Association of applicable laws, and may be accessible of Off-Exchange Retail Foreign Exchange Insurance Commissioners, including regarding under the FOIA. Transactions and Intermediaries, 75 FR 55409 consistency and comparability with the regulations FOR FURTHER INFORMATION CONTACT: (Sept. 10, 2010) for RFEDs, and Privacy of prescribed by such agencies. See 15 U.S.C. Consumer Financial Information; Conforming 6804(a)(2). In addition, the Proposal is consistent Matthew Kulkin, Director, (202) 418– Amendments Under Dodd-Frank Act, 76 FR 43874 with rules recently finalized by the BCFP (‘‘BCFP (July 22, 2011) for SDs and MSPs. For the definition Final Rule’’). See Amendment to the Annual 1 17 CFR 145.9. Commission regulations referred of RFED, see § 5.1(h). 17 CFR 5.1(h). For the Privacy Notice Requirement Under the Gramm- to herein are found at 17 CFR Chapter I. definitions of SD and MSP, see section 1a of the Continued

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II. Proposal information required by § 160.6(a)(2) annual privacy notices. However, The Proposal would amend § 160.5 to through (5) and § 160.6(a)(9), which because the GLB Act is silent as to when modify the first sentence of paragraph § 160.5(d)(1)(ii) references, specifically a financial institution that has relied on (a) and add a new paragraph (d). The relate to the policies and practices and no longer meets the requirements of modification to § 160.5(a) would add a connected to disclosing nonpublic the exception must next provide an reference to the exception, contained in personal information. The Commission annual privacy notice, the Commission new paragraph (d), to the requirement believes that other types of information is proposing a framework for these that a Covered Person annually provide required by § 160.6(a), such as the circumstances. Specifically, a clear and conspicuous notice to information under § 160.6(a)(1) § 160.5(d)(2) states that a Covered customers that reflects the Covered (information collection) and Person who has been excepted from Person’s privacy policies and practices § 160.6(a)(8) (confidentiality and delivering an annual privacy notice (‘‘annual privacy notice’’) during the life security), do not relate to disclosure of pursuant to § 160.5(d)(1) and who of the customer relationship. Section nonpublic personal information.17 changes its policies or practices in such 160.5(d)(1) would describe that Thus, since new GLB Act section a way that it no longer meets the exception by stating that a Covered 503(f)(2) states that a condition for the requirements for that exception, would, Person is not required to deliver an annual privacy notice exception is that if such a change required a revised 19 annual privacy notice to customers a financial institution must not have privacy notice pursuant to § 160.8, be pursuant to § 160.5(a) if it: (1) Provides changed its policies and practices with required to provide an annual privacy nonpublic personal information to regard to disclosing nonpublic personal notice in accordance with the timing nonaffiliated third parties only in information from the policies and requirements in § 160.5(a), treating the accordance with the provisions of practices that were disclosed in the revised privacy notice as an initial §§ 160.13, 160.14, 160.15 and any other most recent notice sent to consumers, privacy notice. Further, if the change in exceptions adopted by the Commission the Commission is proposing to frame policies or practices did not require a pursuant to section 504(b) of the GLB the scope of the exception to reference revised privacy notice pursuant to Act;15 and (2) has not changed its only the types of information listed in § 160.8 to be sent, a Covered Person who policies and practices with regard to § 160.6(a)(2) through (5) and has been previously excepted from disclosing nonpublic personal § 160.6(a)(9). delivering an annual privacy notice information from the policies and GLB Act section 503(f) states that a would be required to provide an annual privacy notice to customers within 100 practices that were disclosed to the financial institution that meets the days of the change in their policies or customer under § 160.6(a)(2) through (5) requirements for the annual notice practices.20 and § 160.6(a)(9) in the most recent exception will not be required to provide annual notices ‘‘until such The Commission is proposing a 100- privacy notice provided to such day period for providing the annual customer pursuant to part 160 of the time’’ as that financial institution fails to comply with the criteria described in privacy notice under these Commission’s regulations. circumstances because, as affected Paragraphs (1) through (9) of section 503(f)(1) and 503(f)(2), which customers would not receive a revised § 160.6(a) set forth the specific types of would be implemented in proposed 18 notice from the Covered Person prior to information that a Covered Person must § 160.5(d)(1). Covered Persons that no the Covered Person’s change in policies include in its privacy notices.16 The longer meet the conditions for the exception must provide customers with or practices, the Commission believes the annual privacy notice should be Leach-Bliley Act (Regulation P), 83 FR 40945 (Aug. 2018). discloses nonpublic personal information about its delivered within a relatively short time 15 Section 503(f)(1) of the GLB Act permits a former customers; (5) if it discloses nonpublic so that customers are informed of the financial institution to share nonpublic personal personal information to a nonaffiliated third party change in a timely manner. Further, the information in accordance with the provisions of under § 160.13 (and no other exception applies to Commission preliminarily believes that sections 502(b)(2) or (e) of the GLB Act or that disclosure), a separate statement of the 100 days would allow a Covered Person regulations prescribed under section 504(b) of the categories of information it discloses and the GLB Act. See 15 U.S.C. 6802 and 6803. Sharing by categories of third parties with whom it has to meet the notice requirement without a financial institution, as described in sections contracted; (6) an explanation of the customer’s imposing additional costs on Covered 502(b)(2) or (e), does not trigger the consumer’s rights under § 160.10(a) to opt out of the disclosure Persons. Particularly, a 100-day delivery statutory right to opt out of such sharing. These of nonpublic personal information to nonaffiliated period would accommodate the exceptions are incorporated into existing third parties, including the method(s) by which the Commission regulations at 17 CFR 160.13 customer may exercise that right at that time; (7) inclusion of the notice with their (Exception to opt out requirements for service any disclosures that it makes under section quarterly statements.21 In addition, this providers and joint marketing), 160.14 (Exceptions 603(d)(2)(A)(iii) of the Fair Credit Reporting Act (‘‘FCRA’’) (15 U.S.C. 1681a(d)(2)(A)(iii)) (that is, to notice and opt out requirements for processing 19 17 CFR 160.8 (Revised privacy notices). and servicing transactions), and 160.15 (Other notices regarding the ability to opt out of 20 disclosures of information among affiliates); (8) its In developing this framework, the Commission exceptions to notice and opt out requirements). looked to § 160.8 because that provision already policies and practices with respect to protecting the Section 504(b) of the GLB Act gives the Commission addresses circumstances in which a Covered Person confidentiality and security of nonpublic personal and other relevant agencies authority to include might change its privacy policies or practices in a information; and (9) any disclosure that it makes additional exceptions to certain regulations way that affects the content of the notices. under § 160.6(b). promulgated under Title V as are deemed consistent Specifically, § 160.8 requires that a Covered Person 17 with Title V’s purposes. See 15 U.S.C. 6804(b). Id. The Commission notes that § 160.6(a)(7) provide a revised notice to consumers before 16 17 CFR 160.6 (a)(1)–(9). Section 160.6(a) requires that annual privacy notices incorporate implementing certain types of changes. In other provides that a Covered Person must include the opt-out disclosures provided under FCRA section cases, part 160 currently contemplates that a change following information in annual privacy notices 603(d)(2)(A)(iii) (that is, notices regarding the in policy or practice that affects the content of the sent to customers: (1) The categories of nonpublic ability to opt out of disclosures of information notices would simply be reflected on the next personal information it collects; (2) the categories among affiliates). GLB Act section 503(f)(1) does not regular annual notice provided to customers of nonpublic personal information it discloses; (3) mention these FCRA affiliate opt-out disclosures. pursuant to § 160.5. The Commission is therefore subject to limited exception, the categories of The Commission believes that changes to these proposing different timing requirements for affiliates and nonaffiliated third parties to whom it FCRA disclosures do not affect whether GLB Act resumption of delivery of annual notices, discloses nonpublic personal information; (4) section 503(f)(1) is satisfied and therefore should depending on whether the change at issue would subject to limited exception, the categories of not affect whether a Covered Person satisfies trigger the requirement for a revised notice under nonpublic personal information about its former proposed § 160.5(d)(1). The proposed rule is also § 160.8 prior to the change taking effect. customers that it discloses and the categories of consistent in this respect with the BCFP Final Rule. 21 The Commission also notes that a delivery affiliates and nonaffiliated third parties to whom it 18 15 U.S.C. 6803(f). requirement resulting from a change in policies and

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100-day delivery period is required in § 160.5, the Proposal would not providing the exception to the under the BCFP Final Rule and impose any new regulatory obligations requirement to provide annual privacy proposing the same delivery on Covered Persons, including Covered notices to customers discussed above, requirement as the BCFP furthers the Persons that may be small entities for the Proposal would modify a collection Commission’s goal of having its purposes of the RFA. Rather, to the of information for which the regulations be consistent with those of extent that a Covered person relies on Commission has previously received a other regulators, where appropriate. the proposed exception, it would simply control number from OMB. The title for To ensure that the Proposal, if avoid providing a privacy notice this collection of information is adopted, achieves its stated purpose, the annually until such time as it is no ‘‘Privacy of Consumer Financial Commission requests comment longer eligible for the exception. The Information, OMB control number generally on all aspects of the Proposal Proposal’s clarification that, once it is 3038–0055’’.25 Collection 3038–0055 is and this release. no longer eligible for the exception, the currently in force with its control Covered Person would need to provide number having been provided by OMB. III. Related Matters a privacy notice either in accordance Accordingly, the Commission will A. Regulatory Flexibility Act with existing § 160.8 or within 100 days submit to OMB revisions to OMB would also not result in any new The Regulatory Flexibility Act 22 control number 3038–0055 to reflect the burdens. Sections 160.5 and 160.8 are (‘‘RFA’’) requires federal agencies to proposed addition of this exception and existing requirements to deliver annual consider whether the rules they propose the resulting reduction of burden. In privacy notices and revised privacy will have a significant economic impact particular, the Commission estimates notices under certain circumstances. on a substantial number of small entities that the availability of the exception in Further, the Commission endeavored to and, if so, to provide a regulatory Commission regulation 160.5(d) will reduce any burdens for those Covered flexibility analysis regarding the reduce the current number of annual Persons utilizing the exception by economic impact on those entities. The privacy notices by approximately 30%. allowing the proposed 100-day period Accordingly, in accordance with its Proposal would add an exception to following loss of the exception to § 160.5’s requirement that Covered previous estimates, the Commission resume delivery of an annual privacy estimates that the Proposal would Persons deliver annual privacy notices, notice where a notice is not already as discussed above. reduce the total number of responses by required pursuant to § 160.8, as 113,620 responses annually and reduce The Proposal would affect Covered discussed above. The Commission does Persons (i.e., certain FCMs, RFEDs, the time burden by approximately 1,136 not, therefore, expect that any small hours annually. The Commission CTAs, CPOs, IBs, MSPs, and SDs). To entities that may be impacted by the the extent that the Proposal would believes that the one-time cost of rule to incur any additional costs as a adopting the annual privacy notice impact Covered Persons that may be result of the Proposal. small entities for purposes of the RFA,23 exception for Covered Persons that Therefore, the Commission believes adopt it is de minimis. the Commission considered whether the that the Proposal will not have a Proposal would have a significant The Commission invites the public significant economic impact on a and other Federal agencies to comment economic impact on such Covered substantial number of small entities, as Persons. on any aspect of the proposed defined in the RFA. information collection requirements As a Covered Person may continue to Accordingly, the Chairman, on behalf provide annual privacy notices and not discussed above. Pursuant to 44 U.S.C. of the Commission, hereby certifies 3506(c)(2)(B), the Commission solicits avail itself of the proposed exception to pursuant to 5 U.S.C. 605(b) that the the annual privacy notice requirement comments in order to: (1) Evaluate Proposal will not have a significant whether the proposed collection of economic impact on a substantial information is necessary for the proper practices described under proposed Commission number of small entities. The regulation 160.5(d)(1)(ii) is effectively a one-time performance of the functions of the burden for a Covered Person absent additional Commission invites comment on the Commission, including whether the changes to its policies and practices. Specifically, impact of the Proposal on small entities. information will have practical utility; after providing the one annual privacy notice, the Covered Person would once again meet both of the B. Paperwork Reduction Act (2) evaluate the accuracy of the conditions for the exception—it would not be The Paperwork Reduction Act of 1995 Commission’s estimate of the burden of sharing other than as described under Commission (‘‘PRA’’) 24 imposes certain the proposed collection of information; regulation 160.5(d)(1)(i) and its policies and (3) determine whether there are ways to practices would not have changed since it provided requirements on Federal agencies, the annual privacy notice. Because the Covered including the Commission, in enhance the quality, utility, and clarity Person would once again meet the conditions for connection with their conducting or of the information to be collected; and the exception, it would not be required to provide sponsoring any collection of (4) minimize the burden of the future annual privacy notices. collection of information on those who 22 information, as defined by the PRA. The 5 U.S.C. 601 et seq. are to respond, including through the 23 The Commission has previously determined Commission may not conduct or that certain entities are not ‘‘small entities’’ for sponsor, and a person is not required to use of automated collection techniques purposes of the RFA. See, e.g., 47 FR 18618, 18619 respond to, a collection of information or other forms of information (Apr. 30, 1982) (registered FCMs); 75 FR 55410, unless it displays a currently valid technology. 55416 (Sept. 10, 2010) (RFEDs); 77 FR 2613, 2620 Comments may be submitted directly Office of Management and Budget (Jan. 19, 2012) (SDs and MSPs). However, the to the Office of Information and Commission has determined that CPOs exempt (‘‘OMB’’) control number. pursuant to 17 CFR 4.13(a) are small entities. See The Commission believes that the Regulatory Affairs, by fax at (202) 395– 46 FR 26004 (May 8, 1981); 47 FR at 18619. The 6566, or by email at OIRAsubmissions@ definitions of IB and CTA are also broad enough to Proposal would not impose any new recordkeeping or information collection omb.eop.gov. Please provide the potentially encompass ‘‘small entities.’’ See 48 FR Commission with a copy of submitted 35248, 35276 (Aug. 3, 1983) (recognizing that the requirements, or other collections of IB definition ‘‘undoubtedly encompasses many information that require approval of business enterprises of variable size’’); 47 FR at 25 See OMB Control No. 3038–0055, http:// 18620 (the category of CTAs is ‘‘too broad’’ for a OMB under the PRA. However, by www.reginfo.gov/public/do/PRAOMBHistory?omb general determination regarding their small entity ControlNumber=3038-0055# (last visited Nov. 30, status). 24 44 U.S.C. 3501 et seq. 2018).

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comments so that all comments can be with providing an exception to the and any other exceptions adopted by the summarized and addressed in the final annual privacy notice requirement, Commission pursuant to section 504(b) rule preamble. Refer to the ADDRESSES which Congress took into account in of the GLB Act; and (2) has not changed section of this document for comment amending the GLB Act under the FAST its policies and practices with regard to submission instructions to the Act. The Commission further recognizes disclosing nonpublic personal Commission. A copy of the supporting that there are costs and benefits due to information from the policies and statements for the collection of discretionary actions taken by the practices that were disclosed to the information discussed above may be Commission in implementing the customer under § 160.6(a)(2) through (5) obtained by visiting RegInfo.gov. OMB exception. In formulating the Proposal, and § 160.6(a)(9) in the most recent is required to make a decision the Commission was mindful of the privacy notice provided to such concerning the collection of information policy goals that drove Congress to customer pursuant to part 160 of the between 30 and 60 days after create this exception and endeavored Commission’s regulations. Thus, the publication of this document in the not to impose unnecessary burdens on Proposal may reduce confusion among Federal Register. Therefore, a comment Covered Persons in proposing when a customers by providing them with is best assured of having its full effect Covered Person would next need to disclosures when they would be most if OMB receives it within 30 days of provide an annual privacy notice after relevant, i.e., when disclosure policies publication. loss of the exception.27 change after the customer relationship The Commission anticipates that begins and to the extent an institution C. Cost-Benefit Considerations some Covered Persons may avail shares sensitive personal information Section 15(a) of the CEA requires the themselves of the exception in the with third parties for marketing Commission to consider the costs and Proposal and not provide annual purposes. benefits of its actions before privacy notices. The Proposal would In proposing when to require the promulgating a regulation under the benefit these Covered Persons that are resumption of annual privacy notices CEA. Section 15(a) further specifies that opting out of providing annual privacy following the loss of the proposed the costs and benefits shall be evaluated notices by reducing their costs exception, the Commission endeavored in light of the following five broad areas associated with sending such notices. to propose requirements consistent with of market and public concern: (1) Further, because no Covered Person is existing timing requirements for privacy Protection of market participants and required to avail themselves of the notices under current regulations, as the public; (2) efficiency, exception in the Proposal, as discussed discussed above, and to provide clarity competitiveness, and financial integrity above, the Commission believes that it to Covered Persons.28 Specifically, in of futures markets; (3) price discovery; is reasonable to conclude that only proposing to require the resumption of (4) sound risk management practices; those Covered Persons that expect a net annual privacy notices within 100 days and (5) other public interest benefit from the Proposal will stop of the loss of the exception where a considerations. The Commission providing annual privacy notices under revised privacy notice is not required considers the costs and benefits the proposed exception. under § 160.8, the Commission has tried The Commission recognizes that, as a resulting from its discretionary not to impose unnecessary burdens on result of the Proposal, certain customers determinations with respect to the Covered Persons while taking into of Covered Persons may no longer section 15(a) considerations. account the potential impact on a receive privacy notices annually and As discussed above, the Commission Covered Person’s customers of not therefore would not be made aware of is proposing to implement the FAST receiving such notices in a timely the Covered Persons’ policies and Act’s amendments to the GLB Act by manner. The Commission considered procedures as frequently. However, the amending § 160.5 to incorporate an different requirements for the scope of the exception is tailored such exception to a Covered Person’s resumption of annual privacy notices in that customers of Covered Persons could obligation to provide an annual privacy these circumstances (e.g., requiring a only not receive an annual privacy notice under certain specified notice before the change in the policy or notice to the extent that the Covered circumstances, consistent with section practice causing the loss of the Person: (1) Provides nonpublic personal 503(f) of the GLB Act and address when availability of the exception or information to nonaffiliated third a Covered Person that has relied on and immediately following such change, or parties only in accordance with the no longer meets the requirements of that within 60 or 90 days of such change). provisions of §§ 160.13, 160.14, 160.15 exception must next provide an annual The Commission is proposing the 100 privacy notice. 27 The Commission notes that the consideration of day period because it believes the Below, the Commission discusses the proposal to be consistent with the 26 costs and benefits below is based on the costs and benefits of the Proposal. The understanding that the markets function revisions of the GLB Act in the FAST baseline against which the costs and internationally, with many transactions involving Act and current regulations while benefits are considered is the current United States firms taking place across international allowing Covered Persons some status quo for Covered Persons with boundaries; with some commission registrants being organized outside of the United States; with flexibility in resuming annual privacy respect to their obligation to provide some leading industry members typically notices. This flexibility would allow, for annual privacy notices. The conducting operations both within and outside the example, these notices to be included Commission recognizes that there are United States; and with industry members with quarterly statements to reduce any inherent costs and benefits to Covered commonly following substantially similar business practices wherever located. Where the Commission costs from resuming providing such Persons and their customers associated does not specifically refer to matters of location, the notices. In proposing timing discussion of costs and benefits below refers to the requirements for the resumption of 26 The Commission endeavors to assess the effects of this proposal on all activity subject to the expected costs and benefits of its proposed rule in proposed and amended regulations, whether by annual privacy notices where a revised quantitative terms where possible. Where virtue of the activity’s physical location in the estimation or quantification is not feasible, the United States or by virtue of the activity’s 28 In addition, as discussed above, the Commission provides its discussion in qualitative connection with or effect on United States Commission notes that a Covered Person’s terms. Given a general lack of relevant data, the commerce under CEA section 2(i). In particular, the obligation to resume providing annual privacy Commission’s assessment is generally provided in Commission notes that some Covered Persons are notices may be effectively a one-time burden absent qualitative terms. located outside of the United States. additional changes to their policies and practices.

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notice is required under § 160.8, the manner while not causing Covered approving any bylaw, rule, or regulation Commission is proposing to clarify the Persons to incur any additional costs. of a contract market or registered futures effect of such a revised notice on the association established pursuant to (2) Efficiency, Competitiveness, and requirement that a Covered Person section 17 of the CEA.29 Financial Integrity of Markets provide an annual privacy notice and on The Commission believes that the the eligibility for the proposed The Commission believes that the public interest to be protected by the exception to this requirement. Proposal may improve competition by antitrust laws is generally to protect Specifically, the Commission is reducing costs for Covered Persons that competition. The Commission requests clarifying that a Covered Person should meet the requirements of the exception comment on whether the Proposal provide the notice currently required by in proposed § 160.5(d) to not deliver an implicates any other specific public § 160.8 and treat such notice as an annual privacy notice and elect to not interest to be protected by the antitrust initial privacy notice. deliver such notices. Specifically, the laws. Commission expects that the Proposal The Commission has considered the 3. Section 15(a) Considerations would likely result in fewer Proposal to determine whether it is In light of the foregoing, the CFTC has substantially similar annual privacy anticompetitive and has preliminarily evaluated the costs and benefits of the notices being delivered, which would identified no anticompetitive effects. Proposal pursuant to the five reduce costs associated with producing The Commission requests comment on considerations identified in section and delivering such privacy notices. whether the Proposal is anticompetitive 15(a) of the CEA as follows: Further, to the extent that a Covered and, if it is, what the anticompetitive Person is no longer able to take effects are. (1) Protection of Market Participants and advantage of the exception to providing Because the Commission has the Public annual privacy notices and is required preliminarily determined that the The requirements of § 160.5 protect to resume providing them, the Proposal is not anticompetitive and has market participants by ensuring that Commission preliminary believes that a no anticompetitive effects, the customers of Covered Persons are Covered Person will not incur any Commission has not identified any less informed about such Covered Persons’ additional costs in doing so, as the anticompetitive means of achieving the practices and policies with respect to Covered Person would simply need to purposes of the CEA. The Commission nonpublic personal information and resume sending annual privacy notices requests comment on whether there are certain other information described in as currently required. less anticompetitive means of achieving § 160.6. As discussed above, the (3) Price Discovery the relevant purposes of the CEA that Commission recognizes that, as a result would otherwise be served by adopting The Commission has not identified an of the Proposal, some customers of the Proposal. impact on price discovery as a result of Covered Persons may no longer receive the Proposal. List of Subjects in 17 CFR Part 160 privacy notices annually and therefore would not be made aware of the (4) Sound Risk Management Brokers, Consumer protection, Covered Persons’ policies and Privacy, Reporting and recordkeeping The Commission has not identified an requirements. procedures as frequently. However, the impact on sound risk management as a For the reasons stated in the scope of the exception is tailored such result of the Proposal. that customers of Covered Persons could preamble, the Commodity Futures only not receive an annual privacy (5) Other Public Interest Considerations Trading Commission proposes to amend notice to the extent that the Covered The Commission has not identified an 17 CFR chapter I as follows: Person: (1) Provides nonpublic personal impact on other public interest information to nonaffiliated third PART 160—PRIVACY OF CONSUMER considerations as a result of the FINANCIAL INFORMATION UNDER parties only in accordance with the Proposal. provisions of §§ 160.13, 160.14, 160.15 TITLE V OF THE GRAMM-LEACH- and any other exceptions adopted by the 4. Request for Comments on Cost- BLILEY ACT Commission pursuant to section 504(b) Benefit Considerations ■ 1. The authority citation for part 160 of the GLB Act; and (2) has not changed The Commission invites public continues to read as follows: its policies and practices with regard to comment on its cost-benefit disclosing nonpublic personal considerations, including the section Authority: 7 U.S.C. 7b–2 and 12a(5); 15 information from the policies and 15(a) factors described above. U.S.C. 6801, et seq., and sec. 1093, Pub. L. 111–203, 124 Stat. 1376. practices that were disclosed to the Commenters are also invited to submit customer under § 160.6(a)(2) through (5) any data or other information that they ■ 2. In § 160.5, revise the first sentence and § 160.6(a)(9) in the most recent may have quantifying or qualifying the of paragraph (a)(1) and add paragraph privacy notice provided to such costs and benefits of the Proposal with (d) to read as follows: customer pursuant to part 160 of the their comment letters. Commission’s regulations. Further, as § 160.5 Annual privacy notice to customers required. discussed above, the Proposal may D. Antitrust Considerations reduce confusion among customers by Section 15(b) of the CEA requires the (a)(1) * * * Except as provided by providing them with disclosures when Commission to take into consideration paragraph (d) of this section, you must they would be most relevant. In the public interest to be protected by the provide a clear and conspicuous notice addition, the Commission preliminarily antitrust laws and endeavor to take the to customers that accurately reflects believes that the proposed requirements least anticompetitive means of your privacy policies and practices not for the resumption of annual privacy achieving the purposes of the CEA, in less than annually during the life of the notices following the loss of the issuing any order or adopting any customer relationship. * * * exception in the Proposal will allow Commission rule or regulation * * * * * customers of Covered Persons to receive (including any exemption under section annual privacy notices in a timely 4(c) or 4c(b)), or in requiring or 29 7 U.S.C. 19(b).

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(d) Exception to annual privacy notice Appendices to Privacy of Consumer 0002 or Regulatory Information Number requirement. (1) You are not required to Financial Information—Amendment To (RIN) 1205–AB90, by any of the deliver an annual privacy notice if you: Conform Regulations to the Fixing following methods: (i) Provide nonpublic personal America’s Surface Transportation —Federal e-Rulemaking Portal: http:// information to nonaffiliated third Act—Commission Voting Summary and www.regulations.gov. Follow the Chairman’s Statement parties only in accordance with the website instructions for submitting provisions of §§ 160.13 through 160.15 Appendix 1—Commission Voting comments (under ‘‘Help’’ > ‘‘How to and any other exceptions adopted by the Summary use Regulations.gov’’). —Mail and Hand Delivery/Courier: Commission pursuant to section 504(b) Submit written comments and any of the GLB Act; and On this matter, Chairman Giancarlo and Commissioners Quintenz, Behnam, Stump, additional material to Adele (ii) Have not changed your policies and Berkovitz voted in the affirmative. No Gagliardi, Administrator, Office of and practices with regard to disclosing Commissioner voted in the negative. Policy Development and Research, nonpublic personal information from Appendix 2—Statement of Chairman J. U.S. Department of Labor, 200 the policies and practices that were Christopher Giancarlo Constitution Avenue NW, Room N– disclosed to the customer under 5641, Washington, DC 20210. § 160.6(a)(2) through (5) and This proposal will revise Commission regulation 160.5’s privacy notice Instructions: Label all submissions § 160.6(a)(9) in the most recent privacy requirements to implement the Fixing with DOL RIN 1205–AB90. Please notice sent to the customer pursuant to America’s Surface Transportation (FAST) submit your comments by only one this part. Act’s December 2015 statutory amendment to method. Please be advised that the (2) Delivery of annual privacy notice the Gramm-Leach-Bliley Act (GLBA). In Department will post all comments after you no longer meet requirements proposing to implement what is now almost received that relate to this notice of a three-year-old statutory requirement, this proposed rulemaking (NPRM) on http:// for exception. If you have been excepted proposal is a good demonstration of this from delivering an annual privacy www.regulations.gov without making Commission’s commitment to supporting any change to the comments or notice pursuant to paragraph (d)(1) of good governance. redacting any information. this section and change your policies or [FR Doc. 2018–26523 Filed 12–7–18; 8:45 am] The http://www.regulations.gov practices in such a way that you no BILLING CODE 6351–01–P website is the Federal e-rulemaking longer meet the requirements for that portal, and all comments posted there exception, you must comply with are available and accessible to the paragraph (d)(2)(i) or (ii) of this section, DEPARTMENT OF LABOR public. Therefore, the Department as applicable. recommends that commenters remove (i) Changes preceded by a revised Employment and Training personal information (either about privacy notice. If you no longer meet the Administration themselves or others) such as Social requirements of paragraph (d)(1) of this Security Numbers, personal addresses, 20 CFR Part 655 section because you change your telephone numbers, and email addresses policies or practices in such a way that RIN 1205–AB90 included in their comments, as such § 160.8 requires you to provide a revised information may become easily privacy notice, you must provide an Modernizing Recruitment available to the public via the http:// annual privacy notice in accordance Requirements for the Temporary www.regulations.gov website. It is the with the timing requirements in Employment of H–2A Foreign Workers responsibility of the commenter to in the United States; Extension of safeguard personal information. paragraph (a) of this section, treating the Comment Period Also, please note that, due to security revised privacy notice as an initial concerns, postal mail delivery in privacy notice. ACTION: Notice of proposed rulemaking; Washington, DC may be delayed. (ii) Changes not preceded by a revised extension of comment period. Therefore, the Department encourages privacy notice. If you no longer meet the the public to submit comments on requirements of paragraph (d)(1) of this SUMMARY: This document extends the http://www.regulations.gov. Docket: To section because you change your period for submitting written comments read or download comments or other on the Notice of Proposed Rulemaking policies or practices in such a way that material in the electronic docket, go to (NPRM) entitled Modernizing § 160.8 does not require you to provide http://www.regulations.gov website Recruitment Requirements for the a revised privacy notice, you must (search using RIN 1205–AB90 or Docket Temporary Employment of H–2A provide an annual privacy notice within No. ETA–2018–0002). The Department Foreign Workers in the United States. also will make all the comments it 100 days of the change in your policies The comment period ends on December or practices that causes you to no longer receives available for public inspection 10, 2018. The Department of Labor by appointment during normal business meet the requirements of paragraph (Department) is taking this action to (d)(1) of this section. hours at the above address. If you need provide interested parties additional assistance to review the comments, the Issued in Washington, DC, on November time to submit comments in response to Department will provide appropriate 30, 2018, by the Commission. requests for an extension of the aids, such as readers or print magnifiers. Christopher Kirkpatrick, commenting period. The Department will make copies of this Secretary of the Commission. DATES: The comment period for the proposed rule available, upon request, proposed rule published on November in large print and electronic file on Note: The following appendices will not 9, 2018, at 83 FR 55985, is extended. computer disk. To schedule an appear in the Code of Federal Regulations. Comments should be received on or appointment to review the comments before December 28, 2018. and/or obtain the proposed rule in an ADDRESSES: You may send comments, alternative format, contact the Office of identified by Docket No. ETA–2018– Policy Development and Research at

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(202) 693–3700 (this is not a toll-free DEPARTMENT OF HOUSING AND comments electronically. Electronic number). You may also contact Adele URBAN DEVELOPMENT submission of comments allows the Gagliardi, Administrator, Office of commenter maximum time to prepare Policy Development and Research, U.S. 24 CFR Part 51 and submit a comment, ensures timely Department of Labor, 200 Constitution [Docket No: FR–6054–P–01] receipt by HUD, and enables HUD to Avenue NW, Room N–5641, make comments immediately available Washington, DC 20210. RIN 2506–AC45 to the public. Comments submitted Comments under the Paperwork electronically through the Conforming the Acceptable Separation Reduction Act (PRA): In addition to www.regulations.gov website can be Distance (ASD) Standards for filing comments with ETA, persons viewed by other commenters and Residential Propane Tanks to Industry wishing to comment on the information interested members of the public. Standards collection (IC) aspects of this rule may Commenters should follow the send comments to: Office of Information AGENCY: Office of the Assistant instructions provided on that site to and Regulatory Affairs, Attn: OMB Desk Secretary for Community Planning and submit comments electronically. Officer for DOL–ETA, Office of Development, HUD. Note: To receive consideration as public Management and Budget, Room 10235, ACTION: Proposed rule. comments, comments must be submitted 725 17th Street NW, Washington, DC through one of the two methods specified 20503, Fax: (202) 395–6881 (this is not SUMMARY: This proposed rule would above. Again, all submissions must refer to a toll-free number), email: OIRA_ modernize an existing regulation to the docket number and title of the rule. [email protected]. See reduce regulatory and cost burden on No Facsimiled Comments. Facsimiled Paperwork Reduction Act section of this communities that may be restricted in (faxed) comments are not acceptable. proposal for particular areas of interest. their ability to site HUD-assisted Public Inspection of Public FOR FURTHER INFORMATION CONTACT: projects, including those for low- and Comments. Copies of all comments Thomas M. Dowd, Deputy Assistant moderate-income housing, because of submitted are available for inspection Secretary, Employment and Training the presence of stationary aboveground and downloading at Administration, Department of Labor, liquefied petroleum gas (propane) www.regulations.gov. In addition, all Box #12–200, 200 Constitution Ave. storage tanks that may be nearby. properly submitted comments and NW, Washington, DC 20210, telephone Specifically, this proposed rule would communications submitted to HUD will (202) 513–7350 (this is not a toll-free allow the siting of HUD-assisted projects be available for public inspection and number). Individuals with hearing or near stationary aboveground propane copying between 8 a.m. and 5 p.m., speech impairments may access the storage tanks with a capacity of 250 weekdays, at the above address. Due to telephone numbers above via TTY by gallons or less if the storage tank security measures at the HUD calling the toll-free Federal Information complies with National Fire Protection Headquarters building, an advance Relay Service at 1–877–889–5627 (TTY/ Association (NFPA) Code 58 (Liquefied appointment to review the public TDD). Petroleum Gas Code) (2017). HUD comments must be scheduled by calling SUPPLEMENTARY INFORMATION: On proposes to incorporate, by reference, the Regulations Division at 202–708– November 9, 2018, the Department NFPA 58, a voluntary consensus 3055 (this is not a toll-free number). published an NPRM in the Federal standard for public safety that Individuals with speech or hearing Register at 83 FR 55985, proposing establishes standards used by the impairments may access this number regulatory revisions that would propane industry and operators via TTY by calling the Federal Relay modernize the recruitment an employer regarding storage, handling, Service at 800–877–8339 (this is a toll- seeking H–2A nonimmigrant transportation, and use of propane. To free number). agricultural workers must conduct when ensure the continued safety of residents FOR FURTHER INFORMATION CONTACT: applying for a temporary labor in HUD-assisted projects and Danielle Schopp, Director, Office of certification. In particular, the communities, HUD would rely upon Environment and Energy, Office of Department is proposing to replace the NFPA codes and standards, with which Community Planning and Development, print newspaper advertisements that its many states already comply. Department of Housing and Urban regulations currently require with DATES: Comment Due Date: February 8, Development, 451 7th Street SW, electronic advertisements posted on the 2019. Washington, DC 20410; telephone internet, which the Department believes ADDRESSES: Interested persons are number 202–402–5226 (this is not a toll- will be a more effective and efficient invited to submit comments regarding free number). Persons with hearing or means of disseminating information this proposed rule. All communications speech impairments may access this about job openings to U.S. workers. The NPRM requested public must refer to the above docket number number through TTY by calling the comments on the NPRM on or before and title. There are two methods for Federal Relay Service at 800–877–8339 December 10, 2018. The Department has submitting public comments. (this is a toll-free number). received a request to extend the 1. Submission of Comments by Mail. SUPPLEMENTARY INFORMATION: Comments may be submitted by mail to comment period to allow the public to I. Background provide input on the proposed changes. the Regulations Division, Office of On February 10, 1984 (49 FR 5100), In light of the request, the Department General Counsel, Department of HUD published a final rule to minimize has extended the period for submitting Housing and Urban Development, 451 the possibility of loss of life and public comment to December 28, 2018. 7th Street SW, Room 10276, Washington, DC 20410–0500. substantial property loss by establishing Molly E. Conway, 2. Electronic Submission of for HUD-assisted projects safety Acting Assistant Secretary for Employment Comments. Interested persons may standards to calculate acceptable and Training Administration, Department of submit comments electronically through separation distances (ASD) from Labor. the Federal eRulemaking Portal at specific, stationary, hazardous [FR Doc. 2018–26766 Filed 12–6–18; 4:15 pm] www.regulations.gov. HUD strongly operations that store, handle, or process BILLING CODE 4510–FP–P encourages commenters to submit hazardous substances, including

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petrochemical products. HUD’s Investment Partnerships assistance NFPA 58 is a voluntary consensus standards, currently codified at 24 CFR would require mitigation measures to standard and most states have adopted part 51, subpart C, are based on the comply with HUD’s ASD regulation. To an edition of NFPA 58 into their state findings of studies conducted by the address this issue, HUD waived and local codes and regulations for Department, one in 1975 and one in § 51.202. In both waivers, HUD stated propane tanks. HUD proposes to 1982.1 The effect of these standards is to that propane tank compliance with incorporate the 2017 edition of NFPA 58 withhold HUD approval of an National Fire Protection Association because this edition has documentation application for assistance for projects Code 58 (NFPA 58) mitigated any requirements for the addition of odorant located at less than a prescribed ASD danger to HUD-assisted projects sited and verification of its presence, which from specific hazardous operations, adjacent to the hazard. is a safety measure that older editions of unless appropriate mitigating measures Based on HUD’s experience, HUD NFPA 58 do not contain. While HUD are implemented. Substances deemed recognizes the need to streamline and proposes to incorporate NFPA 58 hazardous include petrochemical update its current rule to allow the (2017), HUD welcomes comments from products, such as propane. HUD- siting of HUD-assisted projects near states that have adopted editions of assisted projects include the stationary propane tanks that hold up to NFPA 58 other than the 2017 edition on development, construction, 250 gallons. HUD’s determination that how this proposed rule will affect them. rehabilitation, modernization, or there exists a need to update this rule Additionally, this proposed rule conversion with HUD subsidy, grant is also based on the advent of modern would explicitly codify HUD’s assistance, loan, loan guarantee, or propane tank designs; updated fire longstanding policy that there is no mortgage insurance of any project that is safety codes, including NFPA 58; and need for an ASD between HUD-assisted intended for residential, institutional, the often cost-prohibitive nature of projects and underground containers. recreational, commercial, or industrial mitigation measures. This proposed rule HUD has interpreted existing use. would strike a more appropriate balance regulations to exempt belowground Mitigation measures can be costly and between safety and cost-effective storage tanks, as the burial of hazardous limit choices for siting a HUD-assisted measures to reduce regulatory burden materials is subject to state laws that project. Acceptable mitigation measures, across communities that need HUD- ensure tanks are buried deeply enough as described in § 51.205 and HUD assisted projects. so that the risk of fire or blast guidance, include tank burial or overpressure is sufficiently mitigated. 2 II. This Proposed Rule building a blast wall. Tank burial is an As a result, belowground storage tanks involved process requiring costly Current HUD regulations at § 51.202 provide that HUD will not approve an fall within the existing exclusion for construction procedures, and permit facilities shielded from proposed and design fees, especially in an urban application for assistance for a proposed project located less than the ASD from projects by the topography. Therefore, environment. Similarly, constructing a HUD wishes to explicitly clarify that all blast wall or a barrier to surround the a hazard unless appropriate mitigation measures (defined in § 51.205) are underground containers are similarly tank or a building structure on a HUD- exempt from the definition of ‘‘hazard.’’ assisted property’s site to shield a implemented or in place. With two HUD is proposing this rule to update proposed project from the hazard may exceptions, a hazard is defined in its current regulation that was published be cost-prohibitive and burdensome, § 51.201 as ‘‘any stationary container in 1984 and which does not account for because most of the propane tanks that which stores, handles or processes updated standards and technology. As affect HUD-assisted projects are located hazardous substances of an explosive or discussed, the awareness of safety offsite on adjacent properties. fire prone nature.’’ Propane is included standards and tank designs have HUD’s experience has been that there in the definition of a ‘‘hazardous gas.’’ contributed to reducing the hazard of are significant practical and economic An ASD assessment is required for both fire and explosion. HUD has difficulties in mitigating off-site blast overpressure (explosion) and determined, therefore, the risk posed by residential propane tanks located on thermal radiation (fire) for propane any stationary propane tank of up to 250 adjacent properties. For example, in the tanks near HUD-assisted projects. Where gallons is adequately addressed by wake of Hurricane Katrina in 2008, HUD projects are less than the ASD from a NFPA 58 (2017), a widely used waived § 51.202(a) to permit propane tank, mitigation measures are standard. When the current regulation applications to be considered for the required to protect outdoor areas, was originally drafted, most of the new State of Mississippi’s Small Rental buildings, and their inhabitants from and updated safety features Assistance and Long-Term Workforce potential explosions and fires. incorporated into industrial propane gas Housing Programs, because the HUD- This rule proposes to update the tanks did not exist. For a propane tank assisted projects would be less than the existing regulation concerning to comply with NFPA 58 (2017), ASD to residential propane tanks as aboveground propane storage tanks by specific safety precautions must be met. established by regulation. More creating a new exception to the For example, the tank must be equipped recently, HUD was advised that 22.7 definition of ‘‘hazard’’ as set out in 24 with certain features, including a percent of Vermont households are CFR 51.201. While the current codified definition of ‘‘hazard’’ at § 51.201 will spring-loaded pressure relief valve, a served by propane gas 3 and that remain unchanged for the most part, cylinder foot ring, cylinder collar, and projects using HUD Community this proposed rule would except from valve cover; the contents of the tank Development Block Grant and HOME the definition propane tanks of up to must be identified, including note of the 1 Safety Consideration in Siting Housing Projects, 250 gallons if the handling and storage date it was manufactured or recertified; prepared by Arthur D. Little Inc., 1975; and Urban of such tanks is compliant with NFPA and the tank must be in good condition Development Siting with Respect to Hazardous 58 (2017). The rule proposes an and free of signs of specific wear and Commercial/Industrial Facilities, by Rolf Jensen exception for propane tanks up to 250 defects. HUD’s proposed exception to and Associates Inc., 1982. gallons. Typically, propane tanks up to the term ‘‘hazard’’ will minimize the 2 https://www.hud.gov/sites/documents/ BARRIER_DESIGN_GUIDANCE.PDF. 250 gallons are used for residential imposition of unjustified costs, saving 3 This information was provided by the Vermont purposes, including heating and HUD grantees the cost of constructing Department of Forests, Parks & Recreation. cooking. mitigation measures to address

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residential propane tanks located on accordance with the requirements of the The purpose of this proposed rule is properties that do not meet the ASD. order. Executive Order 13563 to update a codified regulation to reduce Overall, HUD proposes this action to (Improving Regulations and Regulatory regulatory and cost burden on reduce regulatory burden and cost and, Review) directs executive agencies to communities that may be restricted in at the same time, ensure the safety and analyze regulations that are ‘‘outmoded, their ability to site HUD-assisted health of residents. ineffective, insufficient, or excessively projects because of the presence of burdensome, and to modify, streamline, stationary aboveground propane storage III. Incorporation by Reference expand, or repeal them in accordance tanks that may be nearby. Specifically, Before HUD issues a final rule, the with what has been learned.’’ Executive the rule proposes to allow the siting of reference standards proposed for Order 13563 also directs that, where HUD-assisted projects near stationary incorporation will be approved by the relevant, feasible, and consistent with aboveground propane storage tanks with Director of the Federal Register, in regulatory objectives, and to the extent a capacity of 250 gallons or less if the accordance with 5 U.S.C. 552(a) and 1 permitted by law, agencies are to storage tank complies with the National CFR part 51. This rule proposes to identify and consider regulatory Fire Protection Association (NFPA) incorporate the following voluntary approaches that reduce burdens and Code 58 (Liquefied Petroleum Gas Code) consensus standard for siting of HUD- maintain flexibility and freedom of (2017). HUD has determined that the assisted projects near aboveground choice for the public. rule, if implemented as proposed, propane storage tanks that hold up to HUD has examined the economic, would result in the reduction of costly 250 gallons: budgetary, legal, and policy mitigation measures. Savings are • NFPA 58 Liquefied Petroleum Gas implications of this action and has estimated to be from $100,000 to $4 Code (2017). The NFPA develops determined that this proposed rule is a million per year and involve building, fire, and electrical safety codes significant regulatory action under approximately 20 projects per year. and standards. Federal agencies section 3(f) of Executive Order 12866 Accordingly, the undersigned certifies frequently use these codes and (but not an economically significant that this rule would not have a standards as the basis for developing action). HUD has prepared a cost benefit significant economic impact on a Federal regulations concerning safety. analysis that addresses the costs and substantial number of small entities. NFPA 58 provides industry benchmark benefits of the proposed rule. The cost and operational information and analysis is part of the docket file for this Environmental Impact standards for safe propane storage, rule. A Finding of No Significant Impact The docket file is available for public handling, transportation, and use. NFPA (FONSI) with respect to the inspection at either www.regulation.gov 58 mitigates risks and ensures safe environment has been made in or in the Regulations Division, Office of installations, to prevent failures, leaks, accordance with HUD regulations at 24 the General Counsel, Room 10276, 451 and tampering that could lead to fires CFR part 50, which implement section 7th Street SW, Washington, DC 20410– and explosions. 102(2)(C) of the National Environmental 0500. Due to security measures at the This proposed rule would only Policy Act of 1969 (42 U.S.C. HUD Headquarters building, please incorporate the 2017 version of NFPA 4332(2)(C)). The FONSI is available for schedule an appointment to review the 58. The rule cannot account for future public inspection on docket file by calling the Regulations editions of NFPA that do not yet exist. www.regulations.gov. Therefore, if HUD wishes to revise the Division at 202–402–3055 (this is not a standard in the future to incorporate toll-free number). Individuals with Federalism Impact speech or hearing impairments may newer editions of NFPA 58, further Executive Order 13132 (entitled access this number via TTY by calling rulemaking would be required. ‘‘Federalism’’) prohibits, to the extent the Federal Relay Service at toll-free NFPA 58 (2017) is available online for practicable and permitted by law, an 800–877–8339. review and comment during this rule’s agency from promulgating a regulation comment period, via read-only access, Executive Order 13771 that has federalism implications and at NFPA link https://www.nfpa.org/ Executive Order 13771, entitled either imposes substantial direct codes-and-standards/all-codes-and- compliance costs on State and local standards/list-of-codes-and-standards/ ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ was issued on governments and is not required by detail?code=58. Members of the public statute, or preempts State law, unless may visit the link and create a user January 30, 2017. This proposed rule is expected to be an Executive Order the relevant requirements of section 6 of name and password to view the free- the Executive order are met. This rule access edition. The standard may also 13771 deregulatory action. Details on the estimated cost savings of this does not have federalism implications be obtained from the National Fire and does not impose substantial direct Protection Association at 1 proposed rule can be found in the rule’s economic analysis. compliance costs on State and local Batterymarch Park, Quincy, governments or preempt State law Massachusetts 02269, telephone number Regulatory Flexibility Act within the meaning of the Executive 617–770–3000, fax number 617–770– The Regulatory Flexibility Act (RFA) Order. 0700. (5 U.S.C. 601 et seq.) generally requires Unfunded Mandates Reform Act IV. Findings and Certifications an agency to conduct a regulatory flexibility analysis of any rule subject to Title II of the Unfunded Mandates Regulatory Review—Executive Orders notice and comment rulemaking Reform Act of 1995 (2 U.S.C. 1531– 12866 and 13563 requirements, unless the agency certifies 1538) (UMRA) establishes requirements Under Executive Order 12866 that the rule will not have a significant for Federal agencies to assess the effects (Regulatory Planning and Review), a economic impact on a substantial of their regulatory actions on State, determination must be made whether a number of small entities. Small entities local, and tribal governments, and on regulatory action is significant and, include small businesses, small not-for- the private sector. This proposed rule therefore, subject to review by the Office profit organizations, and small would not impose any Federal mandates of Management and Budget (OMB) in governmental jurisdictions. on any State, local, or tribal

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governments, or on the private sector, are located underground, or comply in the Federal Register document of within the meaning of UMRA. with applicable Federal, State and local September 17, 2018 (83 FR 47004) safety standards; (FRL–9983–14). List of Subjects in 24 CFR Part 51 (2) Containers with a capacity of 100 Airports, Hazardous substances, gallons or less when they contain FOR FURTHER INFORMATION CONTACT: Housing standards, Incorporation by common liquid industrial fuels, such as For technical information contact: reference, Noise control. gasoline, fuel oil, kerosene and crude Kenneth Moss, Chemical Control Accordingly, for the reasons stated in oil, since they generally would pose no Division (7405M), Office of Pollution the foregoing preamble, HUD proposes danger in terms of thermal radiation or Prevention and Toxics, Environmental to amend 24 CFR part 51 as follows: blast overpressure to a project; Protection Agency, 1200 Pennsylvania (3) Facilities that are shielded from a Ave. NW, Washington, DC 20460–0001; PART 51—ENVIRONMENTAL proposed HUD-assisted project by the telephone number: (202) 564–9232; CRITERIA AND STANDARDS topography, because these topographic email address: [email protected]. features effectively provide a mitigating For general information contact: The ■ 1. The authority citation for 24 CFR measure already in place; part 51 continues to read as follows: TSCA-Hotline, ABVI-Goodwill, 422 (4) All underground containers; and South Clinton Ave., Rochester, NY (5) Containers designed to hold Authority: 42 U.S.C. 3535(d), unless 14620; telephone number: (202) 554– liquefied propane gas with a volumetric otherwise noted. 1404; email address: TSCA-Hotline@ capacity not to exceed 250 gallons, if ■ 2. In § 51.200, revise the heading, epa.gov. they comply with the NFPA 58 designate the introductory text as (incorporated by reference, see paragraph (a), redesignate paragraphs(a) SUPPLEMENTARY INFORMATION: This § 51.200(b)). through (e) as paragraphs (a)(1) through document reopens the public comment (a)(5), and add new paragraph (b) to * * * * * period established in the Federal read as follows: Dated: October 18, 2018. Register document of September 17, Neal J. Rackleff, 2018. In that document, EPA proposed § 51.200 Purpose and Incorporation by SNURs for 28 chemical substances. EPA Reference. Assistant Secretary for Community Planning and Development. received a request to extend the (a) The purpose of this subpart C is to: [FR Doc. 2018–26493 Filed 12–7–18; 8:45 am] comment period for 30 days but the request was received too late to publish * * * * * BILLING CODE 4210–67–P (b) Certain material is incorporated by an extension of the comment period reference into this part with the before the comment period expired. EPA is hereby reopening the comment approval of the Director of the Federal ENVIRONMENTAL PROTECTION period for 30 days. Register under 5 U.S.C. 552(a) and 1 AGENCY CFR part 51. All approved material is Note that in the September 17, 2018 available for inspection at HUD’s Office 40 CFR Parts 9 and 721 issue of the Federal Register including of Environment and Energy, 202–402– [EPA–HQ–OPPT–2018–0567; FRL–9986–34] the proposed SNURs for 28 chemical 5226, and from the sources indicated substances, the Agency also issued below. It is also available for inspection RIN 2070–AB27 direct final SNURs for these chemical at the National Archives and Records substances (83 FR 47004) (FRL–9983– Administration (NARA). For Significant New Use Rules on Certain 14). As of the date of signature of this information on the availability of this Chemical Substances; Reopening of action to reopen the comment period on material at NARA, call 202–741–6030 or Comment Period the proposed rule, that direct final rule visit www.archives.gov/federal-register/ AGENCY: Environmental Protection was in the process of being withdrawn cfr/ibr-locations.html. Persons with Agency (EPA). because of the receipt of adverse hearing or speech impairments may ACTION: Proposed rule; reopening of comments and a request to extend the access the numbers above through TTY comment period. comment period. EPA will address all by calling the Federal Relay Service, adverse public comments in a toll-free, at 800–877–8339. SUMMARY: EPA issued a proposed subsequent final rule, based on the (1) National Fire Protection significant new use rule (SNUR) in the proposed rule. Association, 1 Batterymarch Park, Federal Register of September 17, 2018 Quincy, Massachusetts 02269, To submit comments, or access the (FRL–9983–14) for 28 chemical docket, please follow the detailed telephone number 617–770–3000, fax substances. EPA is reopening the instructions provided under ADDRESSES number 617–770–0700, www.nfpa.org. comment period because it received a in the Federal Register document of (i) NFPA 58: Liquefied Petroleum Gas request to extend the comment period September 17, 2018. If you have Code (2017), IBR approved for § 51.201. but the request was received too late to questions, consult the technical person (ii) [Reserved] publish an extension of the comment listed under FOR FURTHER INFORMATION (2) [Reserved] period before the comment period ■ CONTACT. 3. In § 51.201, revise the definition of expired. ‘‘Hazard’’ to read as follows: DATES: Comments, identified by docket List of Subjects § 51.201 Definitions. identification (ID) number EPA–HQ– 40 CFR Part 9 * * * * * OPPT–2018–0567 must be received on Hazard—means any stationary or before January 9, 2019. This Federal Environmental protection, Reporting container which stores, handles, or Register document published the issue and recordkeeping requirements. processes hazardous substances of an of September 17, 2018 reopens the 40 CFR Part 721 explosive or fire prone nature. The term comment period for the proposed rule ‘‘hazard’’ does not include: until January 9, 2019. Environmental protection, Chemicals, (1) Pipelines for the transmission of ADDRESSES: Follow the detailed Hazardous substances, Reporting and hazardous substances, if such pipelines instructions provided under ADDRESSES recordkeeping requirements.

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Dated: November 16, 2018. FOR FURTHER INFORMATION CONTACT: waste program with the changes Jeffrey T. Morris, Audrey Baker, Materials and Waste described in the authorization Director, Office of Pollution Prevention and Management Branch, RCR Division, U.S. applications, and as outlined below in Toxics. Environmental Protection Agency, Section F of this document. [FR Doc. 2018–26685 Filed 12–7–18; 8:45 am] Atlanta Federal Center, 61 Forsyth Alabama has responsibility for BILLING CODE 6560–50–P Street SW, Atlanta, Georgia 30303–8960; permitting treatment, storage, and telephone number: (404) 562–8483; fax disposal facilities within its borders number: (404) 562–9964; email address: (except in Indian country) and for ENVIRONMENTAL PROTECTION [email protected]. carrying out the aspects of the RCRA AGENCY SUPPLEMENTARY INFORMATION: program described in its revised program applications, subject to the 40 CFR Part 271 A. Why are revisions to state programs limitations of HSWA, as discussed necessary? [EPA–R04–RCRA–2018–0529; FRL–9987– above. States that have received final 36–Region 4] C. What is the effect of this proposed authorization from EPA under RCRA authorization decision? Alabama: Authorization of State section 3006(b), 42 U.S.C. 6926(b), must Hazardous Waste Management maintain a hazardous waste program If Alabama is authorized for the Program Revisions that is equivalent to, consistent with, changes described in Alabama’s authorization applications, these AGENCY: and no less stringent than the federal Environmental Protection changes will become part of the Agency (EPA). program. As the federal program changes, states must change their authorized State hazardous waste ACTION: Proposed rule. programs and ask EPA to authorize the program, and therefore will be federally SUMMARY: Alabama has applied to the changes. Changes to state programs may enforceable. Alabama will continue to Environmental Protection Agency (EPA) be necessary when federal or state have primary enforcement authority and for final authorization of changes to its statutory or regulatory authority is responsibility for its State hazardous hazardous waste program under the modified or when certain other changes waste program. EPA would retain its Resource Conservation and Recovery occur. Most commonly, states must authorities under RCRA sections 3007, Act (RCRA), as amended. EPA has change their programs because of 3008, 3013, and 7003, including its reviewed Alabama’s application and is changes to EPA’s regulations in 40 Code authority to: • proposing to determine that these of Federal Regulations (CFR) parts 124, Conduct inspections, and require 260 through 268, 270, 273, and 279. monitoring, tests, analyses or reports; changes satisfy all requirements needed • to qualify for final authorization. New federal requirements and Enforce RCRA requirements, Therefore, we are proposing to authorize prohibitions imposed by federal including authorized State program the State’s changes. EPA seeks public regulations that EPA promulgates requirements, and suspend or revoke comment prior to taking final action. pursuant to the Hazardous and Solid permits; and • Take enforcement actions regardless DATES: Comments must be received on Waste Amendments of 1984 (HSWA) of whether the State has taken its own or before January 9, 2019. take effect in authorized states at the actions. ADDRESSES: Submit your comments, same time that they take effect in unauthorized states. Thus, EPA This action will not impose additional identified by Docket ID No. EPA–R04– requirements on the regulated RCRA–2018–0529, at https:// implements those requirements and prohibitions in the states, including the community because the regulations for www.regulations.gov. Follow the online which EPA is proposing to authorize instructions for submitting comments. issuance of new permits implementing those requirements, until the states are Alabama are already effective, and are Once submitted, comments cannot be not changed by today’s proposed action. edited or removed from granted authorization to do so. www.regulations.gov. EPA may publish B. What decision is EPA proposing to D. What happens if EPA receives any comment received to its public make in this rule? comments that oppose this action? docket. Do not submit electronically any Alabama submitted final complete EPA will evaluate any comments information you consider to be program revision applications, dated received on this proposed action and Confidential Business Information (CBI) November 2, 2016 and May 11, 2018, will make a final decision on approval or other information whose disclosure is seeking authorization of changes to its or disapproval of Alabama’s proposed restricted by statute. Multimedia hazardous waste program that authorization. Our decision will be submissions (audio, video, etc.) must be correspond to certain federal rules published in the Federal Register. You accompanied by a written comment. promulgated between July 1, 2004 and may not have another opportunity to The written comment is considered the June 30, 2015 (including RCRA comment. If you want to comment on official comment and should include Clusters 1 XV, XVI, XIX through XXI, this authorization, you must do so at discussion of all points you wish to XXIII, and XXIV). EPA concludes that this time. make. EPA will generally not consider Alabama’s applications to revise its comments or comment contents located E. What has Alabama previously been authorized program meet all of the outside of the primary submission (i.e., authorized for? statutory and regulatory requirements on the web, cloud, or other file sharing Alabama initially received final established by RCRA, as set forth in system). For additional submission authorization on December 8, 1987, RCRA section 3006(b), 42 U.S.C. methods, the full EPA public comment effective December 22, 1987 (52 FR 6926(b), and 40 CFR part 271. Therefore, policy, information about CBI or 46466), to implement the RCRA EPA proposes to grant Alabama final multimedia submissions, and general hazardous waste management program. authorization to operate its hazardous guidance on making effective EPA granted authorization for changes comments, please visit http:// 1 A ‘‘cluster’’ is a grouping of hazardous waste to Alabama’s program on the following www2.epa.gov/dockets/commenting- rules that EPA promulgates from July 1 of one year dates: November 29, 1991, effective epa-dockets. to June 30 of the following year. January 28, 1992 (56 FR 60926); May 13,

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1992, effective July 12, 1992 (57 FR 79769); March 15, 2005, effective May included changes associated with 71 FR 20422); October 21, 1992, effective 16, 2005 (70 FR 12593); June 2, 2005, 16862; 2 208 and 220, and its December 21, 1992 (57 FR 47996); effective August 1, 2005 (70 FR 32247); application dated May 11, 2018, March 17, 1993, effective May 17, 1993 September 13, 2006, effective November included changes associated with (58 FR 20422); September 24, 1993, 13, 2006 (71 FR 53989); April 2, 2008, Checklists 206.1, 207, 209, 211, 213, effective November 23, 1993 (58 FR effective June 2, 2008 (73 FR 17924); 222, 223, 225–227, 232, and 234. EPA 49932); February 1, 1994, effective April and March 20, 2017, effective May 19, proposes to determine, subject to receipt 4, 1994 (59 FR 4594); November 14, 2017 (82 FR 14327). of written comments that oppose this 1994, effective January 13, 1995 (59 FR action, that Alabama’s hazardous waste F. What changes are we proposing with 56407); August 14, 1995, effective program revisions are equivalent to, today’s action? October 13, 1995 (60 FR 41818); consistent with, and no less stringent February 14, 1996, effective April 15, Alabama submitted two separate final than the federal program, and therefore 1996 (61 FR 5718); April 25, 1996, complete program revision applications satisfy all of the requirements necessary effective June 24, 1996 (61 FR 5718); seeking authorization of changes to its to qualify for final authorization. November 21, 1997, effective February hazardous waste management program Therefore, EPA is proposing to 10, 1998 (62 FR 62262); December 20, in accordance with 40 CFR 271.21. Its authorize Alabama for the following 2000, effective February 20, 2001 (65 FR application dated November 2, 2016, program changes: TABLE 1

Description of federal requirement Federal Register date and page Analogous State authority 3

Checklist 206.1, Nonwastewaters from 70 FR 35032 6/16/05 ...... 335–14–2–.04(3)(d)2. and (3)(d)3.(iv)(II). Dyes and Pigments (Correction). Checklist 207, Uniform Hazardous 70 FR 10776 3/4/05, 70 FR 35034 6/16/ 335–14–1.–02(1)(a)70., (1)(a)164.–165.; 335–14–2.01(7), (7)(b)(iii)(II); 335–14– Waste Manifest Rule. 05. 3–.02(1)(a), (2)(a)–(b), (2)(b)1.–2., (8); 335–14–3–.03(3)(b), (4), (5)(k); 335– 14–3–.05(5)(c), (5)(e); 335–14–3–.06(1)(c)–(e); 335–14–3 Appendix I—Uni- form Hazardous Waste Manifest and Instructions; 335–14–4–.02(1)(a)1.–3., (1)(g), (2)(b); 335–14–5–.05(1), (2)(a)1.(i)–(v), (2)(a)2., (2)(b)4., (2)(e), (3)(a)– (e), (3)(f)1.–7., (3)(g), (7)(a); 335–14–6–.05(1)(a), (2)(a)1.(i)–(iv), (2)(b)4., (2)(e), (3)(a)–(g), and (7)(a). Checklist 208, Methods Innovation Rule 70 FR 34538 6/14/05, 70 FR 44150 8/1/ 335–14–1–.02(2); 335–14–1–.03(1)(d); 335–14–2–.01(3)(a)2.(v); 335–14–2– and SW–846 Update IIIB. 05. .03(2)(a)1.–2.; 335–14–2–.04(6)(b)2.(iii)(I)–(II); 335–14–2 Appendix I—Rep- resentative Sampling Methods; 335–14–2 Appendix II—III [Reserved]; 335– 14–5–.10(1)(a); 335–14–5–.14(15)(c); 335–14–5–.27(c)(5); 335–14–5– .28(c)(14); 335–14–5 Appendix IX—Groundwater Monitoring List; 335–14–6– .10(1)(a); 335–14–6–.14(15)(d); 335–14–6–.27(5); 335–14–6–.28(14); 335– 14–6–.29(2), (5); 335–14–7–.08(1), (3), (7), (13); 335–14–7 Appendix IX— Methods Manual for Compliance with the BIF Regulations; 335–14–8–.02 (2)(b)2.(i)(III)–(IV), (10)(c)1.(iii)–(iv), (13)(a)2.(ii)(II); 335–14–8–.06(5)(c)2.(i)– (ii); 335–14–9–.04(1), (8); 335–14–9 Appendix IX—Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (SW–846, Method 1310); 335–14–17–.02(1)(b)1.(ii); 335–14–17–.05(6)(c); 335–14–17–.06(4)(c); and 335–14–17–.07(4)(c). Checklist 209, Universal Waste Rule: 70 FR 45508 8/5/05 ...... 335–14–1–.02(1)(a)12., (1)(a)154., (1)(a)166., (1)(a)254., (1)(a)295.; 335–14–2– Specific Provisions for Mercury Con- .01(9)(c); 335–14–5–.01(1)(g)12.(iii); 335–14–6–.01(1)(c)14.(iii); 335–14–8– taining Equipment. .01(1)(c)2.(ix)(III); 335–14–9–.01(1); 335–14–11–.01(1)(a)3., (4)(a)–(c); 335– 14–11–.02(4)(c), (5)(d); 335–14–11–.03(3)(b)4.–5.; 335–14–11–.03(4)(c) and (5)(d). Checklist 211, Revision of Wastewater 70 FR 57769 10/4/05 ...... 335–14–2–.01(3)(a)2.(iv)(I)–(II), (IV), and (VII)–(VIII). Treatment Exemptions for Hazardous Waste Mixtures (‘‘Headworks exemp- tions’’). Checklist 213,4 Burden Reduction Initia- 71 FR 16862 4/4/06 ...... 335–14–1–.03(11)(b)1.–7.; 335–14–2–.01(4)(a)9.(iii)(v), (4)(f)9.; 335–14–5– tive. .02(6)(b)4., (7)(a)4.; 335–14–5–.04(3)(b), (7)(i); 335–14–5–.05(4)(b)1.–2., (4)(b)6., (4)(b)8., (4)(b)10., (4)(b)18.–19.; 335–14–5–.06(9)(d), (9)(g)2.–3.; 335–14–5–.06(10)(f)–(g), (11)(g); 335–14–5–.07(4)(e)5., (6), (11); 335–14–5– .08(4)(i), (6)(i), (8)(e); 335–14–5–.09(5); 335–14–5–.10(2)(a), (2)(b)5.(ii), (3)(a)–(b), (4)(a), (4)(i)2., (6)(b)–(g), (7)(f); 335–14–5–.12(2)(c); 335–14–5– .13(11)(b); 335–14–5–.14(15)(f); 335–14–5–.15(4)(a)2., (8)(d); 335–14–5– .19(5)(c)2.; 335–14–5–.23(2)(a)–(c); 335–14–5–.23(4)(a)4.(ii), (4)(g), (5)(a); 335–14–5–.28(12)–(13); 335–14–5–.30(1), (2)(c)2., (2)(c)4.; 335–14–6– .02(6)(b)4., (7)(a)4.; 335–14–6–.04(3)(b), (7)(j); 335–14–6–.05(4)(b); 335–14– 6–.06(1)(d)1., (1)(d)3., (4)(d)2., (4)(d)5.; 335–14–6–.07(4)(e)5., (6), (11); 335– 14–6–.08(4)(h), (6)(h), (8)(e); 335–14–6–.09(5); 335–14–6–.10(2)(a), (2)(b)5.(ii), (3)(a)–(b), (4)(a), (4)(i)2., (6)(a)–(f), (7)(f), (12)(c)–(g); 335–14–6– .11(2)(a), (5); 335–14–6–.12(10)(a); 335–14–6–.13(11)(e); 335–14–6– .14(2)(a), (4)(a); 335–14–6–.14(15)(b)–(g); 335–14–6–.23(2)(a)–(c), (4)(a)4.(ii), (4)(g), (5)(a); 335–14–6–.28(12)–(13); 335–14–6–.30(1), (2)(c)2., (2)(c)4.; 335–14–7–.08(3)–(4); 335–14–8–.02(5)(a), (7)(a), (17)(c)15.; 335– 14–9–.01(7) and (9). Checklist 220, Academic Laboratories 73 FR 72912 12/1/08 ...... 335–14–2–.01(5)(c)6.–7.; 335–14–3–.01(j), (j)1.–2.; 335–14–1–.02(1)(a)30., Generator Standards. (1)(a)38., (1)(a)84., (1)(a)111., (1)(a)140.–142., (1)(a)181., (1)(a)222., (1)(a)277., (1)(a)298., (1)(a)322.; 335–14–1–.12; and 335–14–3–.12(2)–(17).

2 A ‘‘checklist’’ is developed by EPA for each 3 The Alabama regulatory citations are from the (Checklists 206.1, 207, 209, 211, 213, 222, 225, 226, federal rule amending the RCRA regulations. The Alabama Hazardous Waste Management Rules, 227, 232, and 234). checklists document the changes made by each effective March 31, 2011 (Checklist 223); April 8, 4 The National Environmental Performance Track federal rule and are presented and numbered in 2016 (Checklists 208 and 220); and March 31, 2017, Program referenced in the Burden Reduction chronological order by date of promulgation. Initiative Rule has been discontinued.

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TABLE 1—Continued

Description of federal requirement Federal Register date and page Analogous State authority 3

Checklist 222, OECD Requirements; Ex- 75 FR 1236 1/8/10 ...... 335–14–3–.01(1)(d); 335–14–3–.05(6), (9)(a)–(b); 335–14–3–.09(1)(a)–(b), port Shipments of Spent Lead-Acid (3)(a)–(g), (4)(a)–(e), (5)(a)–(e), (6)(a)–(g), (7)(a)–(b), (8)(a)–(c), (9), (10)(a)– Batteries. (d); 335–14–1–.02(1)(a)44., (1)(a)58.–61., (1)(a)99., (1)(a)121., (1)(a)177.– 178., (1)(a)218.–219., (1)(a)220.(viii) and (xiii), and (1)(a)268.; 335–14–4– .01(1)(d); 335–14–5–.02(3)(a)2.; 335–14–5–.05(2)(a)2., (2)(d); 335–14–6– .02(3)(a)2.; 335–14–6–.05(2)(a)2., (2)(d); and 335–14–7–.07(1)(a). Checklist 223, Hazardous Waste Tech- 75 FR 12989 3/18/10, 75 FR 31716 6/4/ 335–14–1–.02(1)(a)173., (1)(a)208.; 335–14–2–.01(2)(c) Table 1, (4)(a)17.(vi), nical Corrections and Clarifications. 10. (5)(b), (5)(e), (5)(f)2., (5)(g), (6)(a)2.–3., (6)(c)1., (6)(d), (7)(a)1.(ii), (7)(a)2.(ii), (7)(b)1., (7)(b)3.; 335–14–2–.03(4)(a)8.; 335–14–2–.04(1)(c)–(d), (2)(a), (3)(a) Table, (4)(f) Table; 335–14–2 Appendix VII—Basis for Listing Hazardous Waste; 335–14–3–.01(1)(f), (2)(d); 335–14–3–.02(4)(f); 335–14–3–.03(5)(a)– (c), (5)(d)5., (5)(g), (5)(j); 335–14–3–.04(2)(b), (3)(a), (3)(d); 335–14–3– .06(1)(b); 335–14–5–.04(3), (7)(d)2.; 335–14–5–.05(3)(e)6., (3)(f)1. 7.–8.; 335–14–5–.14(15)(e), (17)(b); 335–14–5–.19(3)(a)3.(ii)–(iv), (3)(e)4.(iv)(VI); 335–14–6–.04(3)(b), (7)(d)2.; 335–14–6–.05(3)(e)6., (3)(f)1., (3)(f)7.–8; 5 335– 14–6–.14(15)(f), (17)(b); 335–14–7–.03(1)(b), (3); 335–14–7–.06(1)(d); 335– 14–7–.07(1)(b); 335–14–7–.08(2); 335–14–9–.04(1), (8); and 335–14–8– .01(4)(a). Checklist 225, Removal of Saccharin 75 FR 78918 12/17/10 ...... 335–14–2–.04(4) Table after subparagraph (e); 335–14–2 Appendix VIII—Haz- and its Salts from the Lists of Haz- ardous Constituents; 335–14–9–.00; and 335–14–9 Appendix VII—Effective ardous Wastes. Dates of Surface Disposed Prohibited Hazardous Wastes. Checklist 226, Academic Laboratories 75 FR 79304 12/20/10 ...... 335–14–1–.02(1)(a)30.; 335–14–3–.12(7)(b)3.(i), (13)(e)1., (15)(a)1., and Generator Standards Technical Cor- (15)(b)1. rections. Checklist 227, Revision of the Land Dis- 76 FR 34147 6/13/11 ...... 335–14–9–.00. posal Treatment Standards for Carba- mate Wastes. Checklist 232, Revisions to the Export 79 FR 36220 6/26/14 ...... 335–14–1–.02(1)(a)61.; 335–14–2–.05(1)(a)5.(i)(VI), (1)(a)5.(x)–(xi), (3), and Provisions of the Cathode Ray Tube (3)(a)–(b). (CRT) Rule. Checklist 234, Response to Vacaturs of 80 FR 18777 4/8/15 ...... 335–14–2–.01(4)(a)12.(i), (4)(a)16.; and 335–14–2–.04(9). the Comparable Fuels Rule and the Gasification Rule.

G. Where are the revised state rules stringent requirements can be federally did not find any State regulations to be different from the federal rules? authorized and, once authorized, broader in scope than the federal When revised state rules differ from become federally enforceable. Although program. However, EPA has determined the federal rules in the RCRA state the statute does not prevent states from that certain regulations included in authorization process, EPA determines adopting regulations that are broader in Alabama’s program revision whether the state rules are equivalent to, scope than the federal program, such applications are more stringent than the more stringent than, or broader in scope regulations cannot be authorized and federal program. All of these more than the federal program. Pursuant to are not federally enforceable. stringent requirements will become part section 3009 of RCRA, 42 U.S.C. 6929, In its review of the Alabama of the federally enforceable RCRA state programs may contain regulations submitted as part of the program in Alabama when authorized. requirements that are more stringent program revision applications that are These more stringent requirements are than the federal regulations. Such more the subject of this proposed rule, EPA set forth in Table 2 below:

TABLE 2

Alabama more stringent provisions Explanation

335–14–5–.05(7)(a) and 335–14–6–.05(7)(a) ..... Alabama is more stringent than the federal program at 40 CFR 264.76(a) and 265.76(a) by in- cluding the following additional recordkeeping requirement: ‘‘The owner or operator must re- tain a copy of each un-manifested waste report for, at least, three (3) years from the due date of the report.’’ 335–14–11–.03(b)5 ...... Alabama is more stringent than the federal program at 40 CFR 273.32(b)(5) by requiring a large quantity handler of universal waste to include certain information in its notice of uni- versal waste management that is no longer required at the federal level. 335–14–5–.13(11)(b) and 335–14–6–.13(11)(e) Alabama is more stringent than the federal program at 40 CFR 264.280(b) and 265.280(e) by requiring that the professional engineer be ‘‘independent.’’ 335–14–6–.04(7)(j) ...... Alabama is more stringent than the federal program at 40 CFR 265.56(i) by requiring the owner or operator to notify before resuming operations. 335–14–6–.05(4)(b)6 ...... Alabama is more stringent than the federal program at 40 CFR 265.73(b)(6) by requiring a fa- cility to maintain in its operating record additional monitoring, testing, and analytical data not required by the federal regulation. 335–14–6–.10(12)(c) ...... Alabama is more stringent than the federal program at 40 CFR 265.201(c) by requiring that in- spections be documented.

5 The correct internal cross reference in 335–14– should be: ‘‘335–14–3–.04(3)(a)’’ not ‘‘335–14–3– 6–.05(3)(f)8. to the State analog for 40 CFR 262.42(a) .04(3).’’

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EPA cannot delegate certain federal K. Statutory and Executive Order Under RCRA section 3006(b), EPA requirements associated with the federal Reviews grants a state’s application for manifest registry system in the Uniform authorization as long as the state meets Hazardous Waste Manifest Rule The Office of Management and Budget the criteria required by RCRA. It would (Checklists 207). Additionally, EPA (OMB) has exempted this action from thus be inconsistent with applicable law cannot delegate the federal requirements the requirements of Executive Order for EPA, when it reviews a state associated with international shipments 12866 (58 FR 51735, October 4, 1993) authorization application, to require the and 13563 (76 FR 3821, January 21, (i.e., import and export provisions) use of any particular voluntary 2011). This action proposes to authorize associated with the OECD Requirements consensus standard in place of another State requirements for the purpose of for Export Shipments of Spent Lead- standard that otherwise satisfies the RCRA section 3006 and imposes no Acid Batteries (Checklist 222) or the requirements of RCRA. Thus, the additional requirements beyond those Revisions to the Export Provisions of the requirements of section 12(d) of the imposed by State law. Therefore, this Cathode Ray Tube Rule (Checklist 232). National Technology Transfer and action is not subject to review by OMB. Advancement Act of 1995 (15 U.S.C. Alabama has adopted these This action is not an Executive Order requirements and appropriately 272 note) do not apply. As required by 13771 (82 FR 9339, February 3, 2017) section 3 of Executive Order 12988 (61 preserved EPA’s authority to implement regulatory action because actions such FR 4729, February 7, 1996), in them. as today’s proposed authorization of proposing this rule, EPA has taken the H. Who handles permits after the final Alabama’s revised hazardous waste necessary steps to eliminate drafting authorization takes effect? program under RCRA are exempted errors and ambiguity, minimize under Executive Order 12866. potential litigation, and provide a clear Alabama will issue permits for all the Accordingly, I certify that this action legal standard for affected conduct. EPA provisions for which it is authorized will not have a significant economic has complied with Executive Order and will administer the permits it impact on a substantial number of small 12630 (53 FR 8859, March 15, 1988) by issues. EPA will continue to administer entities under the Regulatory Flexibility examining the takings implications of any RCRA hazardous waste permits or Act (5 U.S.C. 601 et seq.). Because this this action in accordance with the portions of permits which EPA issued action proposes to authorize pre- ‘‘Attorney General’s Supplemental prior to the effective date of this existing requirements under State law Guidelines for the Evaluation of Risk authorization until they expire or are and does not impose any additional and Avoidance of Unanticipated terminated. EPA will not issue any new enforceable duty beyond that required Takings’’ issued under the executive permits or new portions of permits for by State law, it does not contain any order. This action does not impose an the provisions listed in Table 1 above unfunded mandate or significantly or information collection burden under the after the effective date of the final uniquely affect small governments, as provisions of the Paperwork Reduction authorization. EPA will continue to described in the Unfunded Mandates Act of 1995 (44 U.S.C. 3501 et seq.). implement and issue permits for HSWA Reform Act of 1995 (2 U.S.C. 1531– ‘‘Burden’’ is defined at 5 CFR 1320.3(b). requirements for which Alabama is not 1538). For the same reason, this action Executive Order 12898 (59 FR 7629, yet authorized. also does not significantly or uniquely February 16, 1994) establishes federal affect the communities of tribal executive policy on environmental I. How does today’s proposed action governments, as specified by Executive justice. Its main provision directs affect Indian country (18 U.S.C. 1151) Order 13175 (65 FR 67249, November 9, federal agencies, to the greatest extent in Alabama? 2000). This action will not have practicable and permitted by law, to make environmental justice part of their Alabama is not authorized to carry out substantial direct effects on the states, mission by identifying and addressing, its hazardous waste program in Indian on the relationship between the national as appropriate, disproportionately high country within the State, which government and the states, or on the and adverse human health or includes the Poarch Band of Creek distribution of power and environmental effects of their programs, Indians. Therefore, this proposed action responsibilities among the various levels of government, as specified in policies, and activities on minority has no effect on Indian country. EPA populations and low-income will continue to implement and Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely populations in the United States. administer the RCRA program on these Because this action proposes lands. proposes to authorize State requirements as part of the State RCRA authorization of pre-existing State rules J. What is codification and will EPA hazardous waste program without which are at least equivalent to, and no codify Alabama’s hazardous waste altering the relationship or the less stringent than existing federal program as proposed in this rule? distribution of power and requirements, and imposes no responsibilities established by RCRA. additional requirements beyond those Codification is the process of placing This action also is not subject to imposed by State law, and there are no the state’s statutes and regulations that Executive Order 13045 (62 FR 19885, anticipated significant adverse human comprise the state’s authorized April 23, 1997) because it is not health or environmental effects, this hazardous waste program into the Code economically significant and it does not proposed rule is not subject to Executive of Federal Regulations. EPA does this by make decisions based on environmental Order 12898. referencing the authorized state rules in health or safety risks. This action is not List of Subjects in 40 CFR Part 271 40 CFR part 272. EPA is not proposing subject to Executive Order 13211, to codify the authorization of Alabama’s ‘‘Actions Concerning Regulations That Environmental protection, changes at this time. However, EPA Significantly Affect Energy Supply, Administrative practice and procedure, reserves the amendment of 40 CFR part Distribution, or Use’’ (66 FR 28355, May Confidential business information, 272, subpart B, for the authorization of 22, 2001) because it is not a significant Hazardous waste, Hazardous waste Alabama’s program changes at a later regulatory action under Executive Order transportation, Indian lands, date. 12866. Intergovernmental relations, Penalties,

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Reporting and recordkeeping 7004(b) of the Solid Waste Disposal Act as Dated: November 20, 2018. requirements. amended, 42 U.S.C. 6912(a), 6926, and Mary S. Walker, 6974(b). Authority: This action is issued under the Acting Regional Administrator, Region 4. authority of sections 2002(a), 3006, and [FR Doc. 2018–26357 Filed 12–7–18; 8:45 am] BILLING CODE 6560–50–P

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Notices Federal Register Vol. 83, No. 236

Monday, December 10, 2018

This section of the FEDERAL REGISTER potential persons who are to respond to Total Burden Hours: 18,732. contains documents other than rules or the collection of information that such Animal and Plant Health Inspection proposed rules that are applicable to the persons are not required to respond to Service public. Notices of hearings and investigations, the collection of information unless it committee meetings, agency decisions and displays a currently valid OMB control rulings, delegations of authority, filing of Title: Importation of Swine Hides, petitions and applications and agency number. Bird Trophies, and Deer Hides. statements of organization and functions are Animal and Plant Health Inspection OMB Control Number: 0579–0307. examples of documents appearing in this Service section. Summary of Collection: The Animal Title: Importation of Small Lots of Health Protection Act (AHPA) of 2002 is Seeds Without Phytosanitary the primary Federal law governing the DEPARTMENT OF AGRICULTURE Certificates. protection of animal health. The law OMB Control Number: 0579–0285. gives the Secretary of Agriculture broad Submission for OMB Review; Summary of Collection: Under the authority to detect, control, or eradicate Comment Request Plant Protection Act (PPA) (7 U.S.C. pests or diseases of livestock or poultry. 7701–7772), the Secretary of Agriculture The AHPA is contained in Title X, December 4, 2018. is authorized to prohibit or restrict the Subtitle E, Sections 10401–18 of Public The Department of Agriculture has importation, entry, or movement of Law 107–171, May 13, 2002, the Farm submitted the following information plants and plant pests to prevent the Security and Rural Investment Act of collection requirement(s) to OMB for introduction of plant pests into the 2002. The Animal and Plant Health review and clearance under the United States or their dissemination Inspection Service (APHIS) protects the Paperwork Reduction Act of 1995, within the United States. The health of the U.S. livestock and poultry Public Law 104–13. Comments are regulations contained in 7 CFR 319.37 population. Title 9 of the Code of requested regarding (1) whether the prohibit or restrict the importation of Federal Regulations, parts 91 through collection of information is necessary living plants, plant parts, and seed for 99, governs the importation of animals, for the proper performance of the propagation. These regulations further birds, and poultry, certain animal and functions of the agency, including allow small lots of seed to be imported poultry products; and animal whether the information will have into the United States under an import germplasm. These regulations place practical utility; (2) the accuracy of the permit with specific conditions, certain restrictions on the importation of agency’s estimate of burden including including seed packet labeling, as an hides and bird trophies to prevent an the validity of the methodology and alternative to a phytosanitary certificate assumptions used; (3) ways to enhance incursion of foreign animal diseases into requirement. the United States. the quality, utility and clarity of the Need and Use of the Information: The information to be collected; and (4) APHIS Plant Protection and Quarantine Need and Use of the Information: ways to minimize the burden of the Program will collect information using APHIS will collect information from collection of information on those who applications for import permit forms, certificates, and written are to respond, including through the submitted by persons wishing to import statements, to ensure that bird trophies use of appropriate automated, small lots of seed. The application and certain animal hides pose a electronic, mechanical, or other provides contact information as well as negligible risk of introducing African technological collection techniques or specifics about the regulated article Swine Fever, Bovine Babesiosis, Exotic other forms of information technology. such as the country of origin, the Newcastle Disease, Foot-and Mouth Comments regarding this information quantity and names of articles, means of Disease, Highly Pathogenic Avian collection received by January 9, 2019 importation, and their port of entry Influenza, and Rinderpest into the will be considered. Written comments arrival. Packets and containers must United States. If this information is not should be addressed to: Desk Officer for have labels and markings clearly collected, it would significantly hinder Agriculture, Office of Information and describing the contents of seed packets; APHIS’s ability to ensure that these Regulatory Affairs, Office of and sender, permit, and destination commodities pose a minimal risk of Management and Budget (OMB), New information. Importers are also required introducing foreign animal diseases into Executive Office Building, 725 17th to notify the port of entry of pending the United States. Street NW, Washington, DC 20502. shipment arrivals, and respond to Description of Respondents: State, Commenters are encouraged to submit emergency action notifications for Local or Tribal Government; Business or their comments to OMB via email to: shipments held at the port for further other for-profit. [email protected] or action. Without the information APHIS Number of Respondents: 264. fax (202) 395–5806 and to Departmental could not verify that imported items do Clearance Office, USDA, OCIO, Mail not present significant risk of Frequency of Responses: Reporting; Stop 7602, Washington, DC 20250– introducing plant pests and plant On occasion. 7602. Copies of the submission(s) may disease into the United States. Total Burden Hours: 284. be obtained by calling (202) 720–8958. Description of Respondents: An agency may not conduct or Individuals or households; Business or Ruth Brown, sponsor a collection of information other for-profit. Departmental Information Collection unless the collection of information Number of Respondents: 2,376. Clearance Officer. displays a currently valid OMB control Frequency of Responses: Reporting, [FR Doc. 2018–26610 Filed 12–7–18; 8:45 am] number and the agency informs Third Party Disclosure: On occasion. BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE Title: Importation of Fresh Peppers (3) Enhance the quality, utility, and From Ecuador Into the United States. clarity of the information to be Animal and Plant Health Inspection OMB Control Number: 0579–0437. collected; and Service Type of Request: Revision to and (4) Minimize the burden of the [Docket No. APHIS–2018–0083] extension of approval of an information collection of information on those who collection. are to respond, through use, as Notice of Request for Revision to and Abstract: The Plant Protection Act appropriate, of automated, electronic, Extension of Approval of an (PPA, 7 U.S.C. 7701 et seq.) authorizes mechanical, and other collection Information Collection; Importation of the Secretary of Agriculture to restrict technologies; e.g., permitting electronic Fresh Peppers From Ecuador Into the the importation, entry, or interstate submission of responses. United States movement of plants, plant products, and Estimate of burden: The public other articles to prevent the burden for this collection of information ACTION: Revision to and extension of introduction of plant pests into the is estimated to average 0.01 hours per approval of an information collection; United States or their dissemination response. comment request. within the United States. As authorized Respondents: NPPO of Ecuador, by the PPA, the Animal and Plant import brokers, commercial producers, SUMMARY: In accordance with the Health Inspection Service regulates the and packinghouses. Paperwork Reduction Act of 1995, this importation of fruits and vegetables into Estimated annual number of notice announces the Animal and Plant the United States from certain parts of respondents: 803. Health Inspection Service’s intention to the world as provided in 7 CFR 319.56, Estimated annual number of request a revision to and extension of ‘‘Subpart—Fruits and Vegetables’’. responses per respondent: 253. approval of an information collection In accordance with the regulations, Estimated annual number of associated with the regulations for the responses: 202,928. importation of fresh peppers from fresh peppers from Ecuador may be imported into the continental United Estimated total annual burden on Ecuador into the continental United respondents: 2,117 hours. (Due to States. States under certain conditions to prevent the introduction of plant pests averaging, the total annual burden hours DATES: We will consider all comments into the United States. These conditions may not equal the product of the annual that we receive on or before February 8, require the use of certain information number of responses multiplied by the 2019. collection activities, including reporting burden per response.) ADDRESSES: You may submit comments development of an operational All responses to this notice will be by either of the following methods: workplan and a quality control plan; summarized and included in the request • Federal eRulemaking Portal: Go to production site and packinghouse for OMB approval. All comments will http://www.regulations.gov/ registrations; production site and insect also become a matter of public record. #!docketDetail;D=APHIS-2018-0083. trap inspections and recordkeeping; box Done in Washington, DC, this 3rd day of • Postal Mail/Commercial Delivery: labeling; notices of arrival to ports; December 2018. Send your comment to Docket No. responses to emergency action Kevin Shea, APHIS–2018–0083, Regulatory Analysis notifications, and permit applications. Administrator, Animal and Plant Health and Development, PPD, APHIS, Station Also, each consignment of peppers must Inspection Service. 3A–03.8, 4700 River Road Unit 118, be accompanied by a phytosanitary [FR Doc. 2018–26638 Filed 12–7–18; 8:45 am] Riverdale, MD 20737–1238. certificate issued by the national plant BILLING CODE 3410–34–P Supporting documents and any protection organization (NPPO) of comments we receive on this docket Ecuador containing an additional may be viewed at http:// declaration stating the peppers were DEPARTMENT OF AGRICULTURE www.regulations.gov/ produced and prepared for export in #!docketDetail;D=APHIS-2018-0083 or accordance with the regulations. These Forest Service in our reading room, which is located in actions allow the importation of fresh Nez Perce-Clearwater National Forests, Room 1141 of the USDA South peppers from Ecuador while continuing Idaho; Moose Creek Project Building, 14th Street and Independence to protect the United States against the Avenue SW, Washington, DC. Normal introduction of plant pests. AGENCY: Forest Service, USDA. reading room hours are 8 a.m. to 4:30 We are asking the Office of ACTION: Withdrawal of notice of intent p.m., Monday through Friday, except Management and Budget (OMB) to to prepare environmental impact holidays. To be sure someone is there to approve our use of these information statement. help you, please call (202) 799–7039 collection activities, as described, for an before coming. additional 3 years. SUMMARY: The Nez Perce-Clearwater FOR FURTHER INFORMATION CONTACT: For The purpose of this notice is to solicit National Forests is withdrawing the information on the regulations related to comments from the public (as well as Notice of Intent (NOI) to prepare an the importation of fresh peppers from affected agencies) concerning our Environmental Impact Statement for the Ecuador into the United States, contact information collection. These comments Moose Creek Project. Ms. Claudia Ferguson, Senior will help us: FOR FURTHER INFORMATION CONTACT: Regulatory Policy Coordinator, Plant (1) Evaluate whether the collection of Questions concerning withdrawal of the Protection and Quarantine, APHIS, 4700 information is necessary for the proper NOI should be addressed to Stefani River Road Unit 40, Riverdale, MD performance of the functions of the Spencer (District Ranger) at the 20737–1236; (301) 851–2352. For more Agency, including whether the following address: Palouse Ranger detailed information on the information information will have practical utility; District, Nez Perce Clearwater National collection, contact Ms. Kimberly Hardy, (2) Evaluate the accuracy of our Forest, 1700 Highway 6, Potlatch, ID APHIS’ Information Collection estimate of the burden of the collection 83855, phone: 208–875–1133. Coordinator, at (301) 851–2483. of information, including the validity of Individuals who use SUPPLEMENTARY INFORMATION: the methodology and assumptions used; telecommunication devices for the deaf

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(TDD) may call the Federal Information Department of Agriculture, Room 5336 Information Protection and Statistical Relay Service (FIRS) at 1–800–877–8339 South Building, 1400 Independence Efficiency Act of 2002 (CIPSEA),’’ between 8 a.m. and 8 p.m., Eastern Avenue SW, Washington, DC 20250– Federal Register, Vol. 72, No. 115, June Time, Monday through Friday. 2024. 15, 2007, p. 33362. SUPPLEMENTARY INFORMATION: The Nez • Hand Delivery/Courier: Hand Most of these surveys are voluntary; Perce-Clearwater National Forests is deliver to: David Hancock, NASS the one exception is for operations that withdrawing the Notice of Intent (NOI) Clearance Officer, U.S. Department of store certain manufactured dairy to prepare an Environmental Impact Agriculture, Room 5336 South Building, products that are required by Public Statement for the Moose Creek Project. 1400 Independence Avenue SW, Law 106–532 and 107–171 to respond. The original NOI was published in the Washington, DC 20250–2024. Estimate of Burden: Public reporting Federal Register on April 27, 2017 (82 FOR FURTHER INFORMATION CONTACT: burden for this information collection is FR 19350). Kevin L. Barnes, Associate based on 2 individual surveys with Dated: November 20, 2018. Administrator, National Agricultural expected responses of 15–30 minutes. The Refrigerated Capacity Survey is Jennifer Eberlien, Statistics Service, U.S. Department of Agriculture, 202–720–4333. Copies of conducted once every 2 years, the Cold Acting Associate Deputy Chief, National Storage survey is conducted monthly. Forest System. this information collection and related instructions can be obtained without Respondents: Refrigerated storage [FR Doc. 2018–26695 Filed 12–7–18; 8:45 am] facilities. BILLING CODE 3411–15–P charge from David Hancock, NASS— OMB Clearance Officer, at 202–690– Estimated Number of Respondents: 2388 or at [email protected]. 1,600. Estimated Total Annual Burden on DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Respondents: With an estimated Title: Cold Storage Survey. National Agricultural Statistics Service response rate of approximately 85%, we OMB Control Number: 0535–0001. estimate the burden to be 5,000 hours. Expiration Date of Approval: April 30, Notice of Intent To Request Revision Copies of this information collection 2019. and related instructions can be obtained and Extension of a Currently Approved Type of Request: To revise and extend Information Collection without charge from David Hancock, a currently approved information NASS Clearance Officer, at (202) 690– AGENCY: National Agricultural Statistics collection for a period of three years. 2388. Service, USDA. Abstract: The primary objective of the Comments: Comments are invited on: ACTION: Notice and request for National Agricultural Statistics Service (a) Whether the proposed collection of comments. (NASS) is to collect, prepare, and issue information is necessary for the proper State and national estimates of crop and performance of the functions of the SUMMARY: In accordance with the livestock production, prices, and agency, including whether the Paperwork Reduction Act of 1995, this disposition; as well as economic information will have practical utility; notice announces the intention of the statistics, environmental statistics (b) the accuracy of the agency’s estimate National Agricultural Statistics Service related to agriculture and also to of the burden of the proposed collection (NASS) to request revision and conduct the Census of Agriculture. of information including the validity of extension of a currently approved The monthly Cold Storage Survey the methodology and assumptions used; information collection, the Cold Storage provides information on national (c) ways to enhance the quality, utility, Survey. Revisions to burden hours will supplies of food commodities in and clarity of the information to be be needed due to changes in the size of refrigerated storage facilities. A biennial collected; and (d) ways to minimize the the target population and the estimated survey of refrigerated warehouse burden of the collection of information average burden minutes to compete capacity is also conducted to provide a on those who are to respond, through each questionnaire. The questionnaires benchmark of the capacity available for the use of appropriate automated, have had some minor modifications to refrigerated storage of the nation’s food electronic, mechanical, technological or accommodate changes in the products supply. Information on stocks of food other forms of information technology stored by the industry, and to make the commodities that are in refrigerated collection methods. questionnaires easier to complete. The facilitates have a major impact on the All responses to this notice will target population of cold storage price, marketing, processing, and become a matter of public record and be operators (both mandatory and distribution of agricultural products. summarized in the request for OMB voluntary samples) will be contacted for Authority: These data will be approval. this data on a monthly basis. The collected under authority of 7 U.S.C. capacity survey is conducted once every 2204(a). Individually identifiable data Signed at Washington, DC, November 21, other year of all operations with collected under this authority are 2018. refrigerated storage capacity. governed by Section 1770 of the Food Kevin L. Barnes, DATES: Comments on this notice must be Security Act of 1985 as amended, 7 Associate Administrator. received by February 8, 2019 to be U.S.C. 2276, which requires USDA to [FR Doc. 2018–26658 Filed 12–7–18; 8:45 am] assured of consideration. afford strict confidentiality to non- BILLING CODE 3410–20–P ADDRESSES: You may submit comments, aggregated data provided by identified by docket number 0535–0001, respondents. This notice is submitted in by any of the following methods: accordance with the Paperwork DEPARTMENT OF AGRICULTURE • Reduction Act of 1995, (Pub. L. 104–13) Email: [email protected]. National Agricultural Statistics Service Include docket number above in the and Office of Management and Budget subject line of the message. regulations at 5 CFR part 1320. Notice of Intent To Request To • E-fax: (855) 838–6382. NASS also complies with OMB Conduct a New Information Collection • Mail: Mail any paper, disk, or CD– Implementation Guidance, ROM submissions to: David Hancock, ‘‘Implementation Guidance for Title V AGENCY: National Agricultural Statistics NASS Clearance Officer, U.S. of the E-Government Act, Confidential Service, USDA.

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ACTION: Notice and request for related to agriculture; and also to are included in this generic clearance to comments. conduct the Census of Agriculture. In be conducted annually. The estimated addition, NASS has many cooperators sample size for each of the 15 surveys SUMMARY: In accordance with the from other Federal agencies, State is approximately 5,000. Each of the 15 Paperwork Reduction Act of 1995 this governments, land grant universities, surveys are expected to be conducted notice announces the intention of the and other organizations that seek once annually. The estimated number of National Agricultural Statistics Service NASS’s assistance in collecting responses per respondent is 1. Publicity (NASS) to seek approval to conduct a agricultural data through surveys. materials and instruction sheets will new information collection for surveys Results from these surveys are account for approximately 5 minutes of funded by NASS’s many cooperators important for the cooperators in additional burden per respondent. (Federal agencies, State governments, carrying out their missions, as well as of Respondents who refuse to complete a land grant universities, and other general interest to the agricultural survey will be allotted 2 minutes of organizations). Results from these community. Results from these surveys burden per attempt to collect the data. surveys are important for the will be made available to the public by NASS will conduct the surveys initially cooperators in carrying out their NASS or the cooperators who fund by mail and/or internet with phone missions, as well as of general interest them. This generic clearance seeks follow-up for non-response. Face-to-face to the agricultural community. This approval for NASS to conduct a variety interviews may also be used in limited generic clearance will allow NASS to of agricultural surveys which will be situations. conduct surveys in a timely manner for paid for entirely by cooperators. NASS Respondents: Farmers and ranchers, the cooperating institutions providing anticipates the cooperator-funded and others associated with the funding for the surveys. surveys will cover topics such as: (1) agricultural industry. DATES: Comments on this notice must be Farm management practices, (2) food Estimated Number of Respondents: received by February 8, 2019 to be safety, (3) workplace safety, (4) 225,000. assured of consideration. conservation and land use practices, (5) Frequency of Responses: Once annually for each individual survey. ADDRESSES: chemical use management practices, (6) You may submit comments, Estimated Total Burden on identified by docket number 0535– crop quality, (7) agri-tourism, (8) local foods, and (9) other agricultural-related Respondents: The total estimated NEW, by any of the following methods: burden is 112,000 hours. • Email: [email protected]. topics. This generic clearance is subject to the regular clearance process at OMB Comments: Comments are invited on: Include docket number above in the (a) Whether the proposed collection of subject line of the message. with a 60-day notice and a 30-day notice • as part of the 120-day review period. information is necessary for the proper E-fax: 855–838–6382. performance of the functions of the • Mail: Mail any paper, disk, or CD– Each individual cooperator-funded survey is then subject to a clearance agency, including whether the ROM submissions to: David Hancock, information will have practical utility; NASS Clearance Officer, U.S. process with an abbreviated clearance package which justifies the particular (b) the accuracy of the agency’s estimate Department of Agriculture, Room 5336 of the burden of the proposed collection South Building, 1400 Independence content of the survey, describes the sample design, provides the timeline for of information, including the validity of Avenue SW, Washington, DC 20250– the methodology and assumptions used; 2024. the survey activities, and the • questionnaire. The review period for (c) ways to enhance the quality, utility, Hand Delivery/Courier: Hand and clarity of the information to be deliver to: David Hancock, NASS each individual survey is approximately 45 days, including a 30-day Federal collected; and (d) ways to minimize the Clearance Officer, U.S. Department of burden of the collection of information Agriculture, Room 5336 South Building, Register notice period. Authority: These data will be on those who are to respond, through 1400 Independence Avenue SW, the use of appropriate automated, Washington, DC 20250–2024. collected under authority of 7 U.S.C. 2204(a). Individually identifiable data electronic, mechanical, technological, or FOR FURTHER INFORMATION CONTACT: collected under this authority are other forms of information technology Kevin L. Barnes, Associate governed by Section 1770 of the Food collection methods. Administrator, National Agricultural Security Act of 1985 as amended, 7 All responses to this notice will Statistics Service, U.S. Department of U.S.C. 2276, which requires USDA to become a matter of public record and be Agriculture, 202–720–4333. Copies of afford strict confidentiality to non- summarized in the request for OMB this information collection and related aggregated data provided by approval. instructions can be obtained without respondents. This Notice is submitted in Signed at Washington, DC, November 26, charge from David Hancock, NASS— accordance with the Paperwork 2018. OMB Clearance Officer, at 202–690– Reduction Act of 1995 (Pub. L. 104–113, Kevin L. Barnes, 2388 or at [email protected]. 44 U.S.C. 3501, et seq.) and Office of Associate Administrator. SUPPLEMENTARY INFORMATION: Management and Budget regulations at [FR Doc. 2018–26657 Filed 12–7–18; 8:45 am] Title: Quick Response for Cooperator- 5 CFR part 1320. BILLING CODE 3410–20–P Funded Surveys Generic Clearance. NASS also complies with OMB OMB Control Number: 0535–NEW. Implementation Guidance, Type of Request: Intent to seek ‘‘Implementation Guidance for Title V DEPARTMENT OF COMMERCE approval to conduct a new information of the E-Government Act, Confidential collection for a period of three years. Information Protection and Statistical Bureau of the Census Abstract: The primary objective of the Efficiency Act of 2002 (CIPSEA),’’ National Agricultural Statistics Service Federal Register, Vol. 72, No. 115, June [Docket Number 181016954–8954–01 ] (NASS) is to collect, prepare, and issue 15, 2007, p. 33362. Innovations for Public Opinion state and national estimates of crop and Estimate of Burden: Public reporting Research livestock production, prices, and burden for this information collection is disposition; as well as economic estimated to average 30 minutes per AGENCY: Bureau of the Census, statistics, environmental statistics response. Up to 15 individual surveys Department of Commerce.

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ACTION: Notice and Request for $675 billion in federal funds to local geographies. Useful information may Information (RFI). communities (Hotchkiss & Phelan, also alert Census Bureau staff to 2017). Even though responding to the potential issues related to the data SUMMARY: The Bureau of the Census census is required by law, the public’s collection process or the quality of (Census Bureau) is publishing this willingness to participate by completing census returns. notice in the Federal Register to request the census questionnaire by self- To support this effort, the Census comments from the public and other response directly impacts the cost of the Bureau is requesting information on government agencies on innovations for operation. If a household does not self- published works involving innovative measuring and tracking public opinion respond, a great deal of time and public opinion research into areas in towards the Census Bureau and the resources must be expended going door- which the Census Bureau does not 2020 Census. The Census Bureau is to-door to personally enumerate non- already have expertise (such as looking to encourage and promote responding units. Public opinions, innovative methods for measuring statistical, research, and methodological behaviors, and attitudes toward the public opinion via online information- collaborations that seek to measure census can make a dramatic difference seeking and -sharing behaviors), but perceptions, opinions, beliefs, and in both the public’s willingness to self- might be useful for consideration in the attitudes toward the Census Bureau and respond and the quality of information 2020 Census planning and management. the 2020 Census. The Census Bureau is collected. The Census Bureau needs to In particular, the Census Bureau seeks interested in ongoing research stay aware of public opinion as the 2020 to know: methodologies that would be able to Census approaches. The Census Bureau (1) Do you seek to measure public assess how current events affect public plans to use traditional methods to opinion or perception in a way other perception toward the Census Bureau as observe public opinion (via survey than surveys? If so, in what ways and they unfold with the goal of making research and standard social media with what level of accuracy? informed decisions related to the methods). This RFI is seeking (2) Do you have access to online Census Bureau operations before and information about certain information information-seeking or -sharing during the 2020 Census. that may add value to those methods or behaviors, like social media, web DATES: Written comments on this notice identify innovative methods for further scraping, google search data or other must be submitted on or before February public opinion research. ‘‘big data’’ for research purposes? If so, 8, 2019. This RFI seeks to identify published provide some example of research you conduct using these data. ADDRESSES: Please direct all comments works and descriptions of best practices (3) The Census Bureau also is electronically to the following email using innovative methods to make use considering the possibility of entering address: [email protected]. of already available public opinion data into equitably apportioned joint projects Response to this Request for or big data at the national, regional, and of mutual interest with nonprofit Information (RFI) is voluntary. Any state levels as well as by demographic organization and local, state, or federal personal identifiers (e.g., names, group. In particular, the Census Bureau government agencies to pursue addresses, email addresses, etc.) will be is interested in the use of ‘‘real-time’’ collaboration or research into these available to the public when responses data that might relate to decennial areas. Would your organization be are compiled. Proprietary, classified, census participation, and the ability to interested in this kind of agreement? confidential, or sensitive information research issues that may quickly arise Submissions could identify or inform should not be included in your and have potential to impact attitudes joint projects to assess how recent response. towards and knowledge of the Census events and the information media This RFI is for information and Bureau. To support this effort, environment affect attitudes toward, planning purposes only. It should not be information is requested on: knowledge of, and participation in construed as a solicitation or as an (1) Innovations for measuring and Census Bureau data collections as they obligation on the part of the Federal tracking public opinion towards the unfold. A secondary desirable end- Government, the U.S. Department of Census Bureau and the 2020 Census result would be to gather information Commerce (DOC), or the Census Bureau. across time at the national level, at that would enable the Census Bureau to Neither the DOC, nor the Census regional or state levels, and by make informed decisions related to Bureau, intend to make any awards demographic groups using methods Census Bureau planning for the 2030 based on responses to this RFI or to other than active data collection by Census. Finally, these potential projects otherwise pay for the preparation of any survey research methods. must provide a mutual benefit to the information submitted or for the (2) Innovations to capture online Census Bureau and the partnering government’s use of such information. information-sharing and information- seeking behaviors that have the nonprofit organization or local, state, or FOR FURTHER INFORMATION CONTACT: federal government agency, such as Requests for additional information potential for affecting: a. decennial census participation, forwarding the field of public opinion should be directed to Jennifer Hunter and/or research. Childs, Research Psychologist, Center b. public attitudes towards and Projects of interest might make use of for Survey Measurement, Research and knowledge of the decennial census or dependent variables including actual Methodology Directorate, U.S. Census the Census Bureau generally. census response, census data quality or Bureau, 4600 Silver Hill Road, The Census Bureau needs to make proxies thereof. Projects might be Washington, DC 20233; telephone: (202) informed decisions related to operations interested in independent variables 603–4827, Jennifer.Hunter.Childs@ before and during the 2020 Census. We such as sociodemographic census.gov. are interested in whether innovations in characteristics (e.g., neighborhood, SUPPLEMENTARY INFORMATION: The data this area could yield novel information housing, and family characteristics), collected by the decennial census for the Census Bureau. For example, behaviors gathered using passive data determine the number of seats each state useful information may lead to a change collection tools, and self-reported has in the U.S. House of in decennial census messaging or a attitudes or knowledge about the Representatives—a process called series of advertising purchases targeted census. Data already available to the apportionment—and the distribution of towards certain demographics or Census Bureau via public datasets or

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datasets available for purchase is of less determined for BTIC. The final subsidy identified in the Appendix to this interest than information that is not rate is listed in the ‘‘Final Results of notice. The Issues and Decision necessarily public, like behaviors on Administrative Review’’ section below. Memorandum is a public document and internet search or social media Scope of the Order is on file electronically via Enforcement networking sites. and Compliance’s Antidumping and The products covered by this order Dated: December 3, 2018. Countervailing Duty Centralized are seamless steel cylinders designed for Electronic Service System (ACCESS). Ron S. Jarmin, storage or transport of compressed or Deputy Director, Performing the Non- ACCESS is available to registered users liquefied gas (‘‘high pressure steel at http://access.trade.gov and in the Exclusive Functions and Duties of the cylinders’’). High pressure steel Director, Bureau of the Census. Central Records Unit, room B8024 of the cylinders are fabricated of chrome alloy main Department of Commerce [FR Doc. 2018–26631 Filed 12–7–18; 8:45 am] steel including, but not limited to, BILLING CODE 3510–07–P building. In addition, a complete chromium-molybdenum steel or version of the Issues and Decision chromium magnesium steel, and have Memorandum can be accessed directly permanently impressed into the steel, DEPARTMENT OF COMMERCE on the Internet at https:// either before or after importation, the enforcement.trade.gov/frn/. The signed symbol of a U.S. Department of International Trade Administration Issues and Decision Memorandum and Transportation, Pipeline and Hazardous electronic versions of the Issues and [C–570–978] Materials Safety Administration Decision Memorandum are identical in (‘‘DOT’’)-approved high pressure steel High Pressure Steel Cylinders From cylinder manufacturer, as well as an content. the People’s Republic of China: Final approved DOT type marking of DOT 3A, Results of Countervailing Duty Changes Since the Preliminary Results 3AX, 3AA, 3AAX, 3B, 3E, 3HT, 3T, or Administrative Review; 2016 DOT–E (followed by a specific Based on comments received from AGENCY: Enforcement and Compliance, exemption number) in accordance with interested parties, we have made International Trade Administration, the requirements of sections 178.36 revisions to some of our subsidy rate Department of Commerce. through 178.68 of Title 49 of the Code calculations for BTIC. For a discussion SUMMARY: The Department of Commerce of Federal Regulations, or any of these issues, see the Issues and (Commerce) determines that subsequent amendments thereof. High Decision Memorandum. pressure steel cylinders covered by this countervailable subsidies are being Methodology provided to producers/exporters of high order have a water capacity up to 450 pressure steel cylinders from the liters, and a gas capacity ranging from We conducted this administrative People’s Republic of China (China) for 8 to 702 cubic feet, regardless of review in accordance with section the period of review January 1, 2016, corresponding service pressure levels 751(a)(1)(A) of the Tariff Act of 1930, as through December 31, 2016. and regardless of physical dimensions, amended (the Act). For each of the DATES: Applicable December 10, 2018. finish or coatings. subsidy programs found Excluded from the scope of the order FOR FURTHER INFORMATION CONTACT: countervailable, we find that there is a are high pressure steel cylinders subsidy, i.e., a financial contribution by Toby Vandall, AD/CVD Operations, manufactured to U–ISO–9809–1 and 2 Office I, Enforcement and Compliance, an ‘‘authority’’ that gives rise to a specifications and permanently benefit to the recipient, and that the International Trade Administration, impressed with ISO or UN symbols. U.S. Department of Commerce, 1401 subsidy is specific.4 For a full Also excluded from the order are description of the methodology Constitution Avenue NW, Washington, acetylene cylinders, with or without DC 20230; telephone: (202) 482–1664. underlying our conclusions, see the internal porous mass, and permanently Issues and Decision Memorandum. Background impressed with 8A or 8AL in Commerce published the preliminary accordance with DOT regulations. Final Results of the Review Merchandise covered by the order is results of the administrative review of classified in the Harmonized Tariff In accordance with section 777A(e) of the CVD order on steel cylinders from Schedule of the United States the Act and 19 CFR 351.221(b)(5), we the PRC on July 10, 2018.1 On (‘‘HTSUS’’) under subheading find that the following net November 6, 2018, we postponed the 7311.00.00.30. Subject merchandise countervailable subsidy rate exists for final results of this review until may also enter under HTSUS the mandatory respondent, BTIC, for the November 30, 2018.2 In this review we subheadings 7311.00.00.60 or period January 1, 2016, through examined Beijing Tianhai Industry Co., 7311.00.00.90. Although the HTSUS December 31, 2016: Ltd. (BTIC), the sole company for which subheadings are provided for a review was requested. Based on an convenience and customs purposes, the Subsidy rate analysis of the comments received, written description of the merchandise Company ad valorem Commerce has made certain changes to (percent) under the order is dispositive. the subsidy rate that was preliminarily Analysis of Comments Received Beijing Tianhai Industry Co., 5 1 See High Pressure Steel Cylinders from the Ltd...... 25.57 People’s Republic of China: Preliminary Results of The issues raised by the Government Countervailing Duty Administrative Review; 2016, of China (GOC), BTIC, and Norris 83 FR 31951 (July 10, 2018) (Preliminary Results) Cylinder Company (the petitioner) in Administrative Review of High Pressure Steel and accompanying Preliminary Decision their case and rebuttal briefs are Cylinders from the People’s Republic of China,’’ Memorandum (PDM). addressed in the Issues and Decision dated concurrently with and hereby adopted by this 2 notice (Issues and Decision Memorandum). See Memorandum, ‘‘High Pressure Steel 3 Cylinders from the People’s Republic of China: Memorandum. The issues are 4 See sections 771(5)(B) and (D) of the Act Extension of Deadline for Final Results of the regarding financial contribution; section 771(5)(E) Countervailing Duty Administrative Review; 2016,’’ 3 See Memorandum, ‘‘Decision Memorandum for of the Act regarding benefit; and section 771(5A) of November 6, 2018. the Final Results of 2016 Countervailing Duty the Act regarding specificity.

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Assessment Rates Dated: November 30, 2018. that producers/exporters of steel Gary Taverman, concrete reinforcing bar (rebar) from the In accordance with 19 CFR Deputy Assistant Secretary for Antidumping Republic of Turkey (Turkey) received 351.212(b)(2), we intend to issue and Countervailing Duty Operations, countervailable subsidies during the appropriate instructions to U.S. performing the non-exclusive functions and period of review (POR) January 1 Customs and Border Protection (CBP) 15 duties of the Assistant Secretary for through December 31, 2016. Interested days after the date of publication of the Enforcement and Compliance. parties are invited to comment on these final results of this review. We will Appendix preliminary results. instruct CBP to liquidate shipments of DATES: Applicable December 10, 2018. subject merchandise produced and/or List of Topics Discussed in the Issues and FOR FURTHER INFORMATION CONTACT: exported by the company listed above, Decision Memorandum Caitlin Monks, AD/CVD Operations, entered, or withdrawn from warehouse, I. Summary Office VII, Enforcement and for consumption, from January 1, 2016, II. Background Compliance, International Trade through December 31, 2016, at the ad III. Scope of the Order Administration, U.S. Department of valorem rate listed above. IV. Use of Facts Otherwise Available and Adverse Inferences Commerce, 1401 Constitution Avenue Cash Deposit Requirements V. Subsidies Valuation Information NW, Washington, DC 20230; telephone: VI. Benchmarks and Discount Rates (202) 482–2670. We intend also to instruct CBP to VII. Analysis of Programs SUPPLEMENTARY INFORMATION: collect cash deposits of estimated VIII. Analysis of Comments countervailing duties in the amount Comment 1: Whether to Include or Reject Background shown above for BTIC, on shipments of the Russian Benchmark Prices for the On January 11, 2018, Commerce subject merchandise entered, or Provision of Seamless Tube Steel for LTAR published a notice of initiation of an withdrawn from warehouse, for Comment 2: If Including the Russian administrative review of the CVD order consumption on or after the date of Benchmark Prices, Whether to Use a on rebar from Turkey.1 On July 10, publication of the final results of this Weighted Average World Price to 2018, Commerce extended the deadline review. For all non-reviewed firms, Calculate the Benchmark for the preliminary results to December Commerce will instruct CBP to continue Comment 3: Whether to Base Benchmark 3, 2018.2 Commerce preliminarily to collect cash deposits at the most Prices for Billets and Seamless Tube determines that the mandatory recent company-specific or all-others Steel on a Basket HTS Provision respondents: Colakoglu Dis Ticaret A.S. rate applicable to the company, as Comment 4: Whether to Average Three (COTAS) and Colakoglu Metalurji A.S. Datasets Rather than Two Datasets for appropriate. Accordingly, the cash the Benchmark for the Provision of (Colakoglu Metalurji) (collectively, deposit requirements that will be Seamless Tube Steel for LTAR Colakoglu), Icdas Celik Enerji Tersane applied to companies covered by this Comment 5: Whether to Use the ve Ulasim Sanayi A.S. (Icdas), and order, but not examined in this Petitioner’s Ocean Freight Data Kaptan Demir Celik Endustrisi ve administrative review, are those Comment 6: Whether to Change the Ticaret A.S. (Kaptan Demir) and Kaptan established in the most recently Electricity Benchmark Metal Dis Ticaret Ve Nakliyat A.S. completed segment of the proceeding Comment 7: Whether to Calculate Separate (Kaptan Metal) (collectively, Kaptan) for each company. These cash deposit Subsidy Rates for High-Quality each received countervailable subsidies requirements, when imposed, shall Chromium Molybdenum Alloy Steel during the POR. For a complete remain in effect until further notice. Billets and Blooms and for Standard description of the events that followed Commodity Steel Billets Comment 8: Whether to Apply AFA to the the initiation of this review, see the Administrative Protective Order 3 Export Buyer’s Credit Program Preliminary Decision Memorandum. A This notice also serves as a final Comment 9: Whether Commerce Properly list of topics discussed in the reminder to parties subject to an Applied the AFA Hierarchy to the Export Preliminary Decision Memorandum is administrative protective order (APO) of Buyer’s Credit Program included at the Appendix to this notice. their responsibilities concerning the Comment 10: Whether to Use BTIC’s The Preliminary Decision Memorandum return or destruction of proprietary Updated Spreadsheet to Calculate the is a public document and is on file Other Subsidies electronically via Enforcement and information disclosed under APO in IX. Conclusion accordance with 19 CFR 351.305(a)(3), Compliance’s Antidumping and which continues to govern business [FR Doc. 2018–26651 Filed 12–7–18; 8:45 am] Countervailing Duty Centralized proprietary information in this segment BILLING CODE 3510–DS–P Electronic Service System (ACCESS). of the proceeding. Timely written ACCESS is available to registered users notification of the return or destruction DEPARTMENT OF COMMERCE 1 of APO materials, or conversion to See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR judicial protective order, is hereby International Trade Administration 1329, 1334 (January 11, 2018); See also Initiation of requested. Failure to comply with the Antidumping and Countervailing Duty regulations and terms of an APO is a [C–489–819] Administrative Reviews, 83 FR 8058, 8067 n.6 violation which is subject to sanction. (February 23, 2018). Steel Concrete Reinforcing Bar From 2 See Memorandum, ‘‘Steel Concrete Reinforcing These final results are issued and the Republic of Turkey: Preliminary Bar from the Republic of Turkey: Extension of published in accordance with sections Deadline for Preliminary Results in 2016 Results of Countervailing Duty Countervailing Duty Administrative Review,’’ dated 751(a)(1) and 777(i)(1) of the Act. Administrative Review and Intent To July 10, 2018. Rescind the Review in Part; 2016 3 See Memorandum, ‘‘Decision Memorandum for 5 As discussed in the Preliminary Decision the Preliminary Results of Countervailing Duty Memorandum, we have found the following AGENCY: Enforcement and Compliance, Administrative Review of and the Preliminary companies to be cross-owned with BTIC: Tianjin International Trade Administration, Intent to Rescind, in Part: Steel Concrete Tianhai High Pressure Container Co., Ltd.; Langfang Department of Commerce. Reinforcing Bar from the Republic of Turkey; Tianhai High Pressure Container Co., Ltd.; Beijing 2016,’’ dated concurrently with, and hereby Jingcheng Machinery Electric Holding Co., Ltd.; and SUMMARY: The Department of Commerce adopted by, this notice (Preliminary Decision Beijing Jingcheng Machinery Electric Co., Ltd. (Commerce) preliminary determines Memorandum).

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at http://access.trade.gov and is methodology underlying our exported by Habas, or entries of available to all parties in the Central conclusions, see the Preliminary merchandise produced by Habas and Records Unit, Room B8024 of the main Decision Memorandum. exported by another entity, we Department of Commerce building. In preliminarily determine that Habas is Intent To Rescind Administrative addition, a complete version of the not subject to this administrative Review, in Part Preliminary Decision Memorandum can review. Therefore, pursuant to 19 CFR be accessed directly at http:// DufEnergy Trading SA (DufEnergy), 351.213(d)(3), we intend to rescind the enforcement.trade.gov/frn/. The signed Duferco Celik Ticaret Limited (Duferco), review with respect to Habas. A final and electronic versions of the and Ekinciler Demir ve Celik Sanayi decision on whether to rescind the Preliminary Decision Memorandum are A.S. (Ekinciler) timely filed no- review of DufEnergy, Duferco, Ekinciler, identical in content. shipments certifications.5 Because there and Habas will be made in the final is no evidence on the record to indicate results of this administrative review. Scope of the Order that DufEnergy, Duferco, or Ekinciler The merchandise covered by the order had entries, exports, or sales of subject Companies Not Selected for Individual is steel concrete reinforcing bar (rebar) merchandise to the United States during Review imported in either straight length or coil the POR, pursuant to 19 CFR For these preliminary results, Icdas is form regardless of metallurgy, length, 351.213(d)(3), we intend to rescind the the sole mandatory respondent with a diameter, or grade. For a complete review with respect to these companies. calculated rate above de minimis. description of the scope, see the Entries of merchandise produced and Therefore, we are assigning Icdas’ net Preliminary Decision Memorandum. exported by Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not countervailable subsidy rate of 1.37 Methodology subject to countervailing duties under percent ad valorem to the 11 remaining Commerce is conducting this this Order because the Commerce’s final non-selected companies, for which an administrative review in accordance determination with respect to this individual rate was not calculated. This 7 with section 751(a)(1)(A) of the Tariff producer/exporter combination was is consistent with our practice, and in Act of 1930, as amended (the Act). For negative.6 However, any entries of accordance with section 705(c)(5)(A) of each subsidy program found merchandise produced by any other the Act. countervailable, we preliminarily find entity and exported by Habas or Preliminary Results of the Review that there is a subsidy, i.e., a produced by Habas and exported by government-provided financial another entity are subject to this Order. We preliminarily find that the net contribution that gives rise to a benefit Because there is no evidence on the countervailable subsidy rates for the to the recipient, and that the subsidy is record of entries of merchandise period January 1, 2016, through specific.4 For a full description of the produced by another entity and December 31, 2016, are as follows:

Subsidy Rate Company Ad Valorem (percent)

Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its cross-owned affiliates 8 ...... 1.37 Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S. and their cross-owned affili- 0.22 (de minimis) ates 9. Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S. and their cross-owned affiliates10 ...... 0.04 (de minimis) Acemar International Limited ...... 1.37 Agir Haddecilik A.S...... 1.37 As Gaz Sinai ve Tibbi Gazlar A.S...... 1.37 Asil Celik Sanayi ve Ticaret A.S...... 1.37 Ege Celik Endustrisi Sanayi ve Ticaret A.S...... 1.37 Izmir Demir Celik Sanayi A.S...... 1.37 Kocaer Haddecilik Sanayi Ve Ticar L ...... 1.37 Mettech Metalurji Madencilik Muhendislik Uretim Danismanlik ve Ticaret Limited Sirketi ...... 1.37 MMZ Onur Boru Profil A.S...... 1.37 Ozkan Demir Celik Sanayi A.S...... 1.37 Wilmar Europe Trading BV ...... 1.37

Assessment Rates results, Commerce shall determine, and this review. We intend to issue U.S. Customs and Border Protection instructions to CBP 15 days after Consistent with section 751(a)(2)(C) of (CBP) shall assess, countervailing duties publication of the final results of this the Act, upon issuance of the final on all appropriate entries covered by review.

4 See sections 771(5)(B) and (D) of the Act Duty Administrative Review (01/01/16–12/31/16),’’ Marmara Deniz Isletmeciligi A.S., Oraysan Insaat regarding financial contribution; section 771(5)(E) dated January 24, 2018. Sanayi ve Ticaret A.S., Artmak Denizcilik Ticaret ve of the Act regarding benefit; and section 771(5A) of 6 See Steel Concrete Reinforcing Bar from the Sanayi A.S., and Icdas Elektrik Enerjisi Uretim ve the Act regarding specificity. Republic of Turkey: Final Affirmative Yatirim A.S. 5 See DufEnergy’s letter, ‘‘Steel Concrete Countervailing Duty Determination and Final 9 Commerce preliminarily finds the following Reinforcing Bar from Turkey; No Shipments Letter Affirmative Critical Circumstances Determination, companies to be cross-owned with Kaptan: Martas for DufEnergyTrading SA (formerly known as 79 FR 54963, 54964 (September 15, 2014). Marmara Ereglisi Liman Tesisleri A.S., Aset Duferco Investment Services SA),’’ dated January 7 29, 2018; Duferco’s letter, ‘‘Steel Concrete See, e.g., Certain Pasta from Italy: Final Results Madencilik A.S., and Kaptan Is Makinalari Hurda Reinforcing Bar from Turkey; No Shipments Letter of the 2008 Countervailable Review, 75 FR 37386, Alim Satim Ltd. Sti. for Duferco Celik Ticaret Limited,’’ dated January 37387 (June 29, 2010). 10 Commerce preliminarily finds the following 29, 2018; and Ekinciler’s letter, ‘‘Hot-Rolled Steel 8 Commerce preliminarily finds the following companies to be cross-owned with Colakoglu: Products from Turkey (C–489–819): Countervailing companies to be cross-owned with Icdas: Mardas Demirsan Haddecilik San. Ve Tic. A.S.

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Cash Deposit Requirements Unless the deadline is extended 1. Inward Processing Regime (IPR) pursuant to section 751(a)(3)(A) of the 2. Regional Investment Incentives Pursuant to section 751(a)(1) of the D. Programs Preliminarily Determined To Act, Commerce intends to instruct CBP Act, Commerce intends to issue the final results of this administrative review, Provide No Measurable Benefit During to collect cash deposits of estimated the POR countervailing duties in the amount including the results of our analysis of 1. Assistance to Offset Costs Related to indicated above for the reviewed the issues raised by parties in their Antidumping/CVD Investigations companies, with regard to shipments of comments, within 120 days after 2. Reduction and Exemption of Licensing subject merchandise entered, or publication of these preliminary results. Fees for Renewable Resource Power Plants withdrawn from warehouse, for Notification to Interested Parties consumption on or after the date of 3. Assistance for Participation in Trade Fairs Abroad publication of the final results of this These preliminary results of review are issued and published in accordance E. Programs Preliminarily Determined To review. For all non-reviewed firms, we Not Be Used will instruct CBP to collect cash with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 1. Provision of Lignite for LTAR deposits at the most recent company- 2. Purchase of Electricity for MTAR—Sales specific or all-others rate applicable to 351.221(b)(4). via Build-Operate-Own, Build-Operate- the company, as appropriate. These cash Dated: December 3, 2018. Transfer, and Transfer of Operating deposit requirements, when imposed, Gary Taverman, Rights Contracts shall remain in effect until further Deputy Assistant Secretary for Antidumping 3. Research and Development Grant notice. and Countervailing Duty Operations, Program performing the non-exclusive functions and 4. Export Credits, Loans, and Insurance Disclosure and Public Comment duties of the Assistant Secretary for from Turk Eximbank Enforcement and Compliance. 5. Large-Scale Investment Incentives We will disclose to the parties in this 6. Strategic Investment Incentives proceeding the calculations performed Appendix 7. Incentives for Research & Development in reaching the preliminary results Activities within five days of the date of List of Topics Discussed in the Preliminary 8. Regional Development Subsidies publication of this notice.11 Interested Decision Memorandum 9. Comprehensive Investment Incentives parties may submit written arguments I. Summary 10. Preferential Financing from the Turkish (case briefs) on the preliminary results II. Background Development Bank within 30 days of publication of the III. Intent to Rescind the 2016 Administrative 11. Liquefied Natural Gas for LTAR Review, in Part VIII. Conclusion preliminary results, and rebuttal A. DufEnergy Trading SA (DufEnergy); comments (rebuttal briefs) within five Duferco Celik Ticaret Limited (Duferco); [FR Doc. 2018–26654 Filed 12–7–18; 8:45 am] days after the time limit for filing case and Ekinciler Demir ve Celik Sanayi A.S. BILLING CODE 3510–DS–P briefs.12 Pursuant to 19 CFR (Ekinciler) 351.309(d)(2), rebuttal briefs must be B. Habas Sinai ve Tibbi Gazlar Istihsal limited to issues raised in the case Endustrisi A.S. (Habas) DEPARTMENT OF COMMERCE briefs. Parties who submit arguments are IV. Non-Selected Rate V. Scope of the Order International Trade Administration requested to submit with the argument: VI. Subsidies Valuation Information (1) Statement of the issue; (2) a brief A. Allocation Period [A–570–909] summary of the argument; and (3) a B. Cross-Ownership table of authorities.13 1. Colakoglu Certain Steel Nails From the People’s Interested parties who wish to request 2. Icdas Republic of China: Notice of Court a hearing, or to participate if one is 3. Kaptan Decision Not in Harmony With the requested, must submit a written C. Denominators Final Results of the First Antidumping request within 30 days after the date of D. Loan Benchmarks and Discount Rates Duty Administrative Review and Notice E. Uncreditworthiness of Icdas Elektrik 14 of Amended Final Results of the First publication of this notice. Requests VII. Analysis of Programs should contain the party’s name, A. Programs Preliminarily Determined To Antidumping Duty Administrative address, and telephone number, the Be Countervailable Review number of participants, and a list of the 1. Deduction From Taxable Income for AGENCY: Enforcement and Compliance, issues to be discussed. If Commerce Export Revenue 2. Rediscount Program International Trade Administration, receives a request for a hearing, we will Department of Commerce. inform parties of the scheduled date for 3. Purchase of Electricity Generated from Renewable Resources for More Than SUMMARY: On October 5, 2018, the the hearing, which will be held at the Adequate Remuneration (MTAR)— United States Court of International main Department of Commerce building Renewable Energy Sources Support Trade (CIT or Court) entered final at a time and location to be Mechanism (YEKDEM) judgment in The Stanley Works determined.15 Parties should confirm by 4. Investment Incentive Certificates (Langfang) Fastening Systems Co., Ltd. telephone the date, time, and location of 5. Provision of Natural Gas for LTAR v. United States, sustaining the final the hearing. B. Programs Preliminarily Determined To Not Be Countervailable results of remand redetermination Parties are reminded that briefs and pertaining to the first administrative hearing requests are to be filed 1. Payments from the Turkish Employers’ Association of Metal Industries review of the antidumping duty order electronically using ACCESS and (MESS)—Social Security Premium on certain steel nails from the People’s received successfully in their entirety by Support Republic of China (China), covering the 5:00 p.m. Eastern Time on the due date. 2. Payments from MESS—Occupational period of review (POR) of January 23, Health and Safety Support 2008 through July 31, 2009. The 11 See 19 CFR 351.224(b). 3. Preferential Financing From the Department of Commerce (Commerce) is 12 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and Industrial Development Bank of Turkey 19 CFR 351.303 (for general filing requirements). (TSKB) notifying the public that the final 13 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 4. Minimum Wage Support judgment in this case is not in harmony 14 See 19 CFR 351.310(c). C. Programs Preliminarily Determined Not with Commerce’s final results of the 15 See 19 CFR 351.310. To Confer Countervailable Benefits first administrative review or the

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amended final results of the first results of the first administrative mandatory respondents.10 This left two administrative review, and that, review,4 after correcting two ministerial issues unresolved, discussed below. therefore, Commerce is amending the errors, Commerce revised Stanley’s Treatment of Certain Entries Under final results with respect to its partial dumping margin to 10.63 percent, again Certified Products International Inc.’s rescission of review and liquidation of assigning that rate to the Separate Rate Combination Rates certain entries that received Companies. combination rates, the dumping margin The Final Results 2008–2009 and The first issue pertains to the assigned to the sole mandatory Amended Final Results 2008–2009 were treatment of entries of subject respondent, and the dumping margin challenged in two separate cases before merchandise attributed to Certified assigned to the separate rate companies. the CIT.5 After certain claims were Products International Inc. (CPI), a DATES: Applicable October 15, 2018. dismissed, eight distinct claims Taiwanese reseller that does not produce steel nails but, rather, FOR FURTHER INFORMATION CONTACT: Paul remained before the Court. Of those purchases them from various Walker, Office V, Enforcement and claims, the Court sustained several in 6 unaffiliated producers in China and Compliance, International Trade two prior rulings; other claims were 7 resells them to customers in the United Administration, U.S. Department of subjected to voluntary or court- 8 States. In the first administrative review, Commerce, 1401 Constitution Avenue ordered remand redeterminations, CPI claimed that it had no shipments of NW, Washington, DC 20230; telephone: before being sustained by the CIT on 9 subject merchandise during the POR; (202) 482–0413. October 5, 2018. Between the three total court decisions, and four however, Commerce obtained data from SUPPLEMENTARY INFORMATION: cumulative remand redeterminations, U.S. Customs and Border Protection Background two claims resulted ultimately in (CBP) that showed entries under 23 producer/exporter combination rates In the final results of the first changes to Final Results 2008–2009 and which identified CPI as the exporter. administrative review 1 of the Amended Final Results 2008–2009, as Therefore, Commerce considered antidumping duty order on certain steel explained below. The court sustained Commerce on whether CPI or its unaffiliated Chinese nails from China, Commerce calculated several issues in its two prior rulings. producers were the respondent(s), based a weighted-average dumping margin of Briefly, those issues pertained to: on which party had knowledge that the 13.90 percent for the sole cooperating Whether net U.S. prices and normal merchandise was destined for the U.S. mandatory respondent, The Stanley value were calculated on the same basis; market. CPI asserted that it had not Works (Langfang) Fastening Systems the propriety of using certain data to exported any subject merchandise Co., Ltd. (Stanley), and assigned that value electricity; deciding not to apply during the review period and should margin to the 22 companies who had facts otherwise available, despite not, therefore, be considered the demonstrated their eligibility for a missing factors of production; electing exporter of the entries attributed to it. separate rate (The Separate Rate 2 not to use intermediate input The company indicated, rather, that it Companies). Commerce also rescinded methodology to calculate normal value; had purchased nails for resale from 13 the review with respect to certain and, limiting to two the number of of the 23 unaffiliated producers that had companies that certified that they made entered subject merchandise into the no shipments of subject merchandise Xi Co., Ltd.; (7) Senco-Xingya Metal Products United States during the POR using 3 during the POR. In the amended final (Taicang) Co., Ltd.; (8) Shanghai Chengkai CPI’s combination rates. Specifically, Hardware Product Co., Ltd.; (9) Shanghai March CPI acknowledged that it had sourced 1 See Certain Steel Nails from the People’s Import & Export Company Ltd.; (10) Shaoxing Republic of China: Final Results of the First Chengye Metal Producting Co., Ltd.; (11) Suzhou nails from these 13 companies and Antidumping Duty Administrative Review, 76 FR Yaotian Metal Products Co., Ltd.; (12) Tianjin stated that these 13 suppliers had 16379 (March 23, 2011) (Final Results 2008–2009), Chentai International Trading Co., Ltd.; (13) Tianjin knowledge that the sales were and accompanying Issues & Decision Memorandum Jurun Metal Products Co., Ltd.; (14) Tianjin Longxing (Group) Huanyu Imp. & Exp. Co., Ltd.; ultimately destined for the United (Final Results IDM). States. CPI did not acknowledge having 2 The Separate Rate Companies are: (1) Aironware (15) Tianjin Port Free Trade Zone Xiangtong Intl. (Shanghai) Co., Ltd.; (2) Chiieh Yung Metal Ind. Industry & Trade Corp.; (16) Tianjin Shenyuan Steel used the remaining 10 combination Corp.; (3) China Staple Enterprise (Tianjin) Co., Producting Group Co., Ltd.; (17) Wuhu Shijie rates during the review period. Hardware Co., Ltd.; and (18) Wuxi Chengye Metal Ltd.; (4) Dezhou Hualude Hardware Products Co., In the Final Results 2008–2009, based Products Co., Ltd. Ltd.; (5) Faithful Engineering Products Co., Ltd.; (6) 4 See Certain Steel Nails from the People’s on the information from CPI and its Hengshui Mingyao Hardware & Mesh Products Co., review of the record evidence, Ltd.; (7) Huanghua Jinhai Hardware Products Co., Republic of China: Amended Final Results of the Ltd.; (8) Huanghua Xionghua Hardware Products First Antidumping Duty Administrative Review, 76 Commerce determined, for the entries Co., Ltd.; (9) Jisco Corporation (‘‘Jisco’’); (10) Koram FR 23279 (April 26, 2011) (Amended Final Results under the combination rates associated Panagene Co., Ltd. (‘‘Koram Panagene’’); (11) 2008–2009). with the 13 producers that had 5 See The Stanley Works (Langfang) Fastening Nanjing Yuechang Hardware Co., Ltd.; (12) Qidong knowledge that goods sold to CPI were Liang Chyuan Metal Industry Co., Ltd.; (13) Systems Co., Ltd. v. United States, CIT Case No. 11– Qingdao D & L Group Ltd.; (14) Romp (Tianjin) 102; and Mid Continent Nail Corp. v. United States, destined for the United States, to Hardware Co., Ltd.; (15) Shandong Dinglong Import CIT Case No. 11–119. The cases were partially instruct CBP to assess antidumping & Export Co., Ltd.; (16) Shanghai Jade Shuttle consolidated into Case No. 11–102 in 2011, then duties at the applicable separate rate for fully consolidated prior to the Court’s final ruling Hardware Tools Co., Ltd.; (17) Shouguang Meiqing the respective producers.11 For the Nail Industry Co., Ltd.; (18) Tianjin Jinchi Metal on October 5, 2018. Products Co., Ltd.; (19) Tianjin Jinghai County 6 See The Stanley Works (Langfang) Fastening entries associated with the other 10 Hongli Industry & Business Co., Ltd.; (20) Tianjin Systems Co., Ltd. v. United States, 964 F.Supp.2d combinations that Commerce Zhonglian Metals Ware Co., Ltd.; (21) Wintime 1311, 1324 (Ct. Int’l Trade 2013) (Stanley Works I); determined were misattributed to CPI, Import & Export Corporation Limited of Zhongshan; and Mid Continent Nail Corp. v. United States, 949 Commerce indicated that it would and (22) Zhejiang Gem-Chun Hardware Accessory F.Supp.2d 1247, 1263–1264 (Ct. Int’l Trade 2013) Co., Ltd. (Mid Continent). instruct CBP to assess antidumping 3 See Final Results 2008–2009, 76 FR at 16380. 7 See Stanley Works I at 1317. duties at the rate in effect at the time of The no shipment companies are: (1) Besco 8 See Stanley Works I at 1324; Mid Continent at Machinery Industry (Zhejiang) Co., Ltd.; (2) 1279–1280. 10 See Stanley Works I at 1324; Mid Continent at Certified Products International Inc.; (3) CYM 9 See The Stanley Works (Langfang) Fastening 1279–1280. (Nanjing) Nail Manufacture Co., Ltd.; (4) Dagang Systems, Co., Ltd. et al v. United States, Court No. 11 See Final Results IDM at Comment 9. Pursuant Zhitong Metal Products Co., Ltd.; (5) Hebei Super 11–102, Slip Op. 18–134 (CIT Oct. 5, 2018) (Stanley to the Amended Final Results 2008–2009, the Star Pneumatic Nails Co., Ltd.; (6) Hong Kong Yu Works II). applicable separate rate was 10.63 percent.

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the entry.12 Accordingly, Commerce Commerce sought to clarify the rate or comparable merchandise.22 Commerce’s rescinded the review with respect to rates at which entries associated with determination was challenged in CIT CPI.13 Commerce’s determination was three of the producers within the Court No. 11–102. challenged in CIT Court No. 11–119. grouping of 13 combination rates should During litigation, Commerce In Mid Continent, the CIT held that be liquidated, because the underlying published the final results of the second Commerce’s determination conflicted administrative review had been administrative review of steel nails from with the approach taken on the same rescinded for those three producers.18 China.23 In the Second Review Final issue in cases involving market Consequently, Commerce found that the Results, Commerce stated that it had economies, and remanded the issue for entries attributed to the three refined its practice with respect to the further consideration, particularly in combination rates associated with light of a subsequent rule change 14 producers for which the underlying determination of whether a company is which was finalized after the Final administrative review had been a producer of ‘‘identical’’ or Results 2008–2009 were issued.15 rescinded should be liquidated at the ‘‘comparable’’ merchandise within the In the Mid Continent First Remand rate in effect at the time of entry, not the context of calculating surrogate values Redetermination, Commerce found that separate rate calculated in the review.19 for manufacturing overhead, general expenses and profit.24 Given the the entries attributed to CPI’s On October 5, 2018, the CIT sustained modified practice, Commerce sought a combination rates should be treated in Commerce’s remand redeterminations a manner consistent with the NME pertaining to the treatment of entries voluntary remand in the first Reseller Policy Statement. Therefore, under CPI’s combination rates. The CIT administrative review litigation, to Commerce determined to amend its held that, because there was no further reconsider its determination concerning previous rescission of the administrative challenge as to which entries would the selection of financial statements. review with respect to CPI, instead receive the CPI combination rates, the The Court granted Commerce’s 25 issuing final results of review with Court would not address the issue request. respect to CPI. Specifically, with regard further.20 In addition, in response to In the Stanley Works First Remand to entries associated with the 10 challenges by certain companies, Redetermination, Commerce continued combination rates that CPI did not including CPI, the Court sustained to find it appropriate to use the financial acknowledge using, Commerce Commerce’s remand redetermination to statements of Bansidhar and Nasco, two determined it appropriate to instruct apply the revised separate rate of 15.43 of the three companies selected in the CBP to liquidate those entries at the percent to entries under combination Final Results 2008–2009, to calculate China-wide rate of 118.04 percent, rates associated with the 10 producers the surrogate financial ratios. Commerce because record evidence demonstrated that had knowledge that goods sold to found, however, that it was no longer that none of the companies associated CPI were destined for the United States, appropriate to use the financial with the 10 combination rates made the and that remained subject to review.21 statements of the third initially-selected relevant export sales. Commerce Thus, in all respects, Commerce’s company, J&K, and instead found it continued to find the entries associated treatment of entries under CPI’s appropriate to use the financial with the remaining 13 combination rates combination rates was sustained. statements of another company, entitled to liquidation at the applicable Surrogate Financial Statements Sundram, that had been rejected separate rate for the respective previously. In particular, Commerce producers, each of whom had The second issue pertains to found Sundram to be a producer of knowledge of sales to the United States. Commerce’s selection of financial comparable merchandise but excluded Further, because of an intervening statements for surrogate financial ratios. J&K as a producer of non-comparable remand redetermination in the separate In the Final Results 2008–2009, merchandise. Commerce also found that first administrative review litigation in Commerce selected the financial the financial statements of all four CIT Court No. 11–102, Commerce statements of three companies to use as companies showed no receipt of determined to apply the revised the source of surrogate financial ratios countervailable subsidies, that the separate rate of 15.43 percent to such in the underlying review: Bansidhar entries.16 differences in the companies’ scale of Granites Private Limited (Bansidhar), production did not render the data Several months later, before the Court J&K Wire & Steel Industries (J&K), and issued a decision, Commerce requested unreasonable, that the consumption of Nasco Steels Private Ltd. (Nasco). steel wire rod—the main input in the a voluntary remand to address part of its Commerce found that each of these production of nails—was not first remand redetermination, which companies produced steel nails, an determinative of whether a company is was granted.17 In the Mid Continent ‘‘identical’’ product, and declined to use a producer of comparable merchandise, Second Remand Redetermination, the financial statements from a fourth and that Sundram’s financial statements company, Sundram Fasteners Ltd. 12 were not aberrational. Based on this Id. (Sundram), finding that Sundram did 13 See Final Results 2008–2009, 76 FR at 16380. not manufacture steel nails or redetermination, Commerce 14 See Non-Market Economy Antidumping recalculated the surrogate financial Proceedings: Assessment of Antidumping Duties, 76 ratios and the margin for Stanley, and FR 65694 (October 24, 2011) (NME Reseller Policy 18 See Certain Steel Nails from the People’s Statement). Republic of China: Notice of Partial Rescission of 15 See Mid Continent at 1287–1288. the First Antidumping Duty Administrative Review, 22 See Final Results 2008–2009 and IDM at 16 See Final Results of Redetermination Pursuant 75 FR 43149, 43149–43150 (July 23, 2010). Comment 2. to Mid Continent Nail Corporation v. United States, 19 See Final Results of Redetermination Pursuant 23 See Certain Steel Nails from the People’s Slip Op. 13–115 (March 5, 2014) (Mid Continent to Mid Continent Nail Corporation v. United States, Republic of China: Final Results and Final Partial First Remand Redetermination), referring to Final Slip Op. 13–115 (Nov. 13, 2015) (Mid Continent Rescission of the Second Antidumping Duty Results of Redetermination Pursuant to Stanley Second Remand Redetermination). The names of Administrative Review, 77 FR 12556 (March 1, Works (Langfang) Fastening Systems Co., Ltd. et al the three producers, which constitute business 2012) (Second Review Final Results), and v. United States, Slip Op. 13–118 (March 5, 2014) proprietary information (BPI), are identified in the accompanying Issues & Decision Memorandum (Stanley Works First Remand Redetermination). BPI version of the remand redetermination. (Second Review IDM). 17 See Mid Continent Nail Corporation v. United 20 See Stanley Works II, Slip Op. 18–134 at 7. 24 See Second Review IDM at Comment 2. States, Court No. 11–119, Order of Sept. 30, 2015. 21 Id. at 16–18. 25 See Stanley Works I, 964 F. Supp. 2d at 1342.

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the Separate Rate Companies, was have a reason to believe or suspect that determination and must suspend revised to 15.43 percent.26 Sundram may have received liquidation of entries pending a Several months later, before the Court countervailable subsidies based on the ‘‘conclusive’’ court decision. The CIT’s issued a decision, Commerce requested record information.29 Second, the Court October 5, 2018, final judgment a voluntary remand to address part of its upheld Commerce’s revised sustaining issues related to the first remand redetermination, which methodology for determining that J&K treatment of the entries associated with was granted.27 In the Stanley Works was not a suitable surrogate financial CPI’s combinations rates, and sustaining Second Remand Redetermination, company because its activities related application of the revised margin Commerce corrected its error in using primarily to the production and sale of calculated for Stanley and the Separate Nasco’s overhead ratio calculated in the non-comparable merchandise, while Rate Companies, constitutes a final Final Results 2008–2009, rather than finding that Sundram produced decision of that court that is not in that used in the Amended Final Results comparable merchandise.30 Third, the harmony with the Final Results 2008– 2008–2009. Commerce relied on this Court held that Commerce’s finding that 2009 and Amended Final Results 2008– ratio in a comparison with Sundram’s Sundram’s overhead ratios were not 2009. This notice is published in overhead ratio to demonstrate why aberrational or distortive is supported fulfillment of the publication Sundram’s financial statements are not by substantial evidence, and could be requirements of Timken. Accordingly, aberrational. Commerce found that there included in the averaging of financial Commerce will continue the suspension were no ‘‘extraordinary’’ items within data for surrogate value purposes.31 of liquidation of the subject Sundram’s financial statements, and Accordingly, the Court affirmed merchandise pending a final and that inherent variations in overhead applying the revised margin, 15.43 conclusive court decision. ratios derived from a limited number of percent, to Stanley and the Separate Second Amended Final Results 2008– available financial statements cannot Rate Companies.32 2009 provide a basis for finding one Timken Notice company’s ratio aberrational.28 Stanley Because there is now a final court raised numerous arguments related to In its decision in Timken,33 as decision, Commerce is amending the Commerce’s remand redeterminations. clarified by Diamond Sawblades,34 the Final Results 2008–2009 and Amended On October 5, 2018, the CIT sustained Court of Appeals for the Federal Circuit Final Results 2008–2009 with respect to Commerce’s remand redeterminations held that, pursuant to section 516A(e) of the rate assigned to Stanley and the 22 pertaining to the selection of financial the Tariff Act of 1930, as amended (the Separate Rate Companies listed below. statements for surrogate financial ratios. Act), Commerce must publish a notice Accordingly, the revised weighted- First, the Court affirmed Commerce’s of a court decision that is not ‘‘in average dumping margins for these determination that Commerce did not harmony’’ with Commerce’s companies are as follows:

Weighted-average Exporter dumping margin (percent)

The Stanley Works (Langfang) Fastening Systems Co., Ltd ...... 15.43 Aironware (Shanghai) Co., Ltd ...... 15.43 Chiieh Yung Metal Ind. Corp ...... 15.43 China Staple Enterprise (Tianjin) Co., Ltd ...... 15.43 Dezhou Hualude Hardware Products Co., Ltd ...... 15.43 Faithful Engineering Products Co., Ltd ...... 15.43 Hengshui Mingyao Hardware & Mesh Products Co., Ltd ...... 15.43 Huanghua Jinhai Hardware Products Co., Ltd ...... 15.43 Huanghua Xionghua Hardware Products 10.63 Co., Ltd ...... 15.43 Jisco Corporation ...... 15.43 Koram Panagene Co., Ltd ...... 15.43 Nanjing Yuechang Hardware Co., Ltd ...... 15.43 Qidong Liang Chyuan Metal Industry Co., Ltd ...... 15.43 Qingdao D & L Group Ltd ...... 15.43 Romp (Tianjin) Hardware Co., Ltd ...... 15.43 Shandong Dinglong Import & Export Co., Ltd ...... 15.43 Shanghai Jade Shuttle Hardware Tools Co., Ltd ...... 15.43 Shouguang Meiqing Nail Industry Co., Ltd ...... 15.43 Tianjin Jinchi Metal Products Co., Ltd ...... 15.43 Tianjin Jinghai County Hongli Industry & Business Co., Ltd ...... 15.43 Tianjin Zhonglian Metals Ware Co., Ltd ...... 15.43 Wintime Import & Export Corporation Limited of Zhongshan ...... 15.43 Zhejiang Gem-Chun Hardware Accessory Co., Ltd ...... 15.43

26 See Final Results of Redetermination Pursuant 28 See Final Results of Redetermination Pursuant 31 Id. at 14–15. to Stanley Works (Langfang) Fastening Systems Co., to Stanley Works (Langfang) Fastening Systems Co., 32 Id. at 8 and 18. Ltd. et al v. United States, Slip Op. 13–118 (March Ltd. et al v. United States, Slip Op. 13–118 (April 33 See Timken Co. v. United States, 893 F.2d 337 5, 2014) (Stanley Works First Remand 16, 2015) (Stanley Works Second Remand Redetermination). (Fed. Cir. 1990) (Timken). Redetermination). 27 See Stanley Works (Langfang) Fastening 34 See Diamond Sawblades Mfrs. Coalition v. 29 Systems Co., Ltd. et al v. United States, Court No. See Stanley Works II, Slip Op. 18–134 at 9–13. United States, 626 F.3d 1374 (Fed. Cir. 2010) 11–102, Order of Feb. 18, 2015. 30 Id. at 13–14. (Diamond Sawblades).

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Commerce is also amending the DEPARTMENT OF COMMERCE 7222.10.00, 7222.11.00, 7222.19.00, Amended Final Results 2008–2009 with 7222.20.00, 7222.30.00 of the respect to CPI. In particular, Commerce International Trade Administration Harmonized Tariff Schedule of the is amending its previous rescission of [A–469–805] United States (HTSUS). While the the administrative review and is no HTSUS subheadings are provided for longer rescinding the review with Stainless Steel Bar From Spain: convenience and customs purposes, the respect to CPI but, instead, is issuing Preliminary Results of Antidumping written description is dispositive. A full final results of review with respect to Duty Administrative Review; 2017– description of the scope of the order is CPI. Moreover, Commerce intends to 2018 contained in the Preliminary Decision issue instructions to CBP to liquidate Memorandum.4 entries entered under CPI’s 23 AGENCY: Enforcement and Compliance, Methodology combination rates as follows. For the 10 International Trade Administration, combination rates that CPI does not Department of Commerce. Commerce is conducting this review acknowledge using, Commerce intends SUMMARY: The Department of Commerce in accordance with section 751(a)(2) of to instruct CBP to liquidate entries (Commerce) preliminarily finds that the Act. Constructed export price and under those 10 combination rates at the Sidenor Aceros Especiales S.L. export price were calculated in China-wide rate of 118.04 percent (Sidenor), the sole exporter subject to accordance with section 772 of the Act. because the record evidence this administrative review has made Normal value was calculated in demonstrates that none of the sales of subject merchandise at less than accordance with section 773 of the Act. companies associated with these 10 normal value during the period of For a full description of the combination rates made the relevant review (POR) March 1, 2017, through methodology underlying our export sale. For the 10 combination August 8, 2017. We invite interested conclusions, see Preliminary Decision rates that CPI does acknowledge using parties to comment on these preliminary Memorandum. The Preliminary and for which each producer had results. Decision Memorandum is a public knowledge the merchandise was DATES: Applicable December 10, 2018. document and is made available to the destined for the United States, FOR FURTHER INFORMATION CONTACT: public via Enforcement and Commerce intends to instruct CBP to Trenton Duncan or Kabir Archuletta, Compliance’s Antidumping and liquidate entries under those 10 AD/CVD Operations, Office V, Countervailing Duty Centralized combination rates at the separate rate of Enforcement and Compliance, Electronic Service System (ACCESS). 15.43 percent, determined for each International Trade Administration, ACCESS is available to registered users respective producer during the U.S. Department of Commerce, 1401 at http://access.trade.gov and to all administrative review. For the Constitution Avenue NW, Washington, parties in Commerce’s Central Records remaining three combination rates, DC 20230; telephone: (202) 482–5260 or Unit, located at room B8024 of the main Commerce intends to instruct CBP to (202) 482–2593, respectively. Department of Commerce building. In liquidate such entries at the rate in SUPPLEMENTARY INFORMATION: addition, a complete version of the effect at the time of entry, because the Preliminary Decision Memorandum can Background three producers at issue were not be found at http:// included in the final results of the Commerce is conducting an enforcement.trade.gov/frn/index.html. administrative review. administrative review of the A list of the topics discussed in the In the event that the CIT’s ruling is antidumping duty order on stainless Preliminary Decision Memorandum is not appealed, or, if appealed, is upheld steel sar (SSB) from Spain, in attached at the Appendix to this notice. accordance with section 751(a)(1)(B) of by a final and conclusive court decision, Preliminary Results of Review Commerce will instruct CBP to assess the Tariff Act of 1930, as amended (the antidumping duties in accordance with Act).1 The review covers one producer/ As a result of this review, we the above. exporter of the subject merchandise, preliminarily determine that the Sidenor. When the review was initiated, following weighted-average dumping Cash Deposit Requirements the period of review (POR) was March margin exists for Sidenor for the period The cash deposit rates for Stanley and 1, 2017, through Febrary 28, 2018. March 1, 2017, through August 8, 2017. the 22 Separate Rate Companies have However, on October 3, 2018, as a result changed as a result of subsequent of a five-year (sunset) review, Commerce Weighted- average administrative reviews. Therefore, this revoked the antidumping duty order on Producer/exporter dumping amended final results does not change imports of stainless steel bar (SSB) from margin the later-established cash deposit rates Spain, effective August 9, 2017.2 As a (percent) for these companies. result, the POR was revised to March 1, 2017, through August 8, 2017.3 Sidenor Aceros Especiales, S.L. 1.76 Notification to Interested Parties Scope of the Order This notice is issued and published in Disclosure accordance with sections 516A(e)(1), The merchandise subject to the order We intend to disclose the calculations 751(a)(1), and 777(i)(1) of the Act. is SSB. The SSB subject to the order is performed to parties in this proceeding currently classifiable under subheadings Dated: December 3, 2018. within five days after public

Gary Taverman, 1 announcement of the preliminary See Amended Final Determination and 5 Deputy Assistant Secretary for Antidumping Antidumping Duty Order: Stainless Steel Bar From results. and Countervailing Duty Operations, Spain, 60 FR 11656 (March 2, 1995) (Order). performing the non-exclusive functions and 2 See Stainless Steel Bar from Brazil, India, Japan, 4 See Memorandum, ‘‘Decision Memorandum for duties of the Assistant Secretary for and Spain: Continuation of Antidumping Duty the Preliminary Results of Antidumping Duty Enforcement and Compliance. Order (India) and Revocation of Antidumping Duty Administrative Review: Stainless Steel Bar from Orders (Brazil, Japan, and Spain), 83 FR 49910 Spain; 2017–2018,’’ dated concurrently with this [FR Doc. 2018–26653 Filed 12–7–18; 8:45 am] (October 3, 2018) (Revocation Notice). notice (Preliminary Decision Memorandum). BILLING CODE 3510–DS–P 3 Id. 5 See 19 CFR 351.224(b).

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Public Comment weighted-average dumping margin is Dated: December 3, 2018. Pursuant to 19 CFR 351.309(c), zero or de minimis in the final results Gary Taverman, interested parties may submit case briefs of this review, we will instruct CBP not Deputy Assistant Secretary for Antidumping no later than 30 days after the date of to assess duties on any of its entries in and Countervailing Duty Operations, publication of this notice. Rebuttal accordance with the Final Modification performing the non-exclusive functions and for Reviews.10 duties of the Assistant Secretary for briefs, limited to issues raised in the Enforcement and Compliance. case briefs, may be filed no later than For entries of subject merchandise five days after the date for filing case during the POR produced by Sidenor for Appendix 6 briefs. Parties who submit case briefs or which it did not know its merchandise List of Topics Discussed in the Preliminary rebuttal briefs in this proceeding are was destined for the United States, we Decision Memorandum encouraged to submit with each will instruct CBP to liquidate I. Summary argument: (1) A statement of the issue; unreviewed entries at the all-others rate II. Background (2) a brief summary of the argument; if there is no rate for the intermediate III. Period of Review and (3) a table of authorities.7 IV. Scope of the Order Pursuant to 19 CFR 351.310(c), company or companies involved in the V. Discussion of the Methodology interested parties who wish to request a transaction. (1) Comparisons to Normal Value hearing must submit a written request to We intend to issue instructions to A. Determination of Comparison Method the Assistant Secretary for Enforcement CBP 15 days after publication of the B. Results of the Differential Pricing and Compliance. All documents must final results of this review. Analysis be filed electronically using ACCESS, (2) Product Comparisons Cash Deposit Requirements (3) Date of Sale which is available to registered users at (4) Level of Trade/CEP Offset http://access.trade.gov. An In the Revocation Notice, Commerce (5) Export Price electronically filed request must be stated that it would issue instructions to (6) Normal Value received successfully in its entirety by CBP to terminate the suspension of A. Home Market Viability and Comparison ACCESS by 5:00 p.m. Eastern Time, Market within 30 days after the date of liquidation and to discontinue the B. Cost of Production publication of this notice.8 Requests collection of cash deposits on entries of 1. Calculation of Cost of Production should contain: (1) The party’s name, subject merchandise, entered or 2. Test of Comparison Market Sales Prices address and telephone number; (2) the withdrawn from warehouse, on or after 3. Results of the COP Test August 9, 2017.11 On October 19, 2018, C. Calculation of Normal Value Based on number of participants; and (3) a list of Comparison Market Prices issues to be discussed. Issues raised in Commerce issued liquidation 12 D. Price-to-Constructed Value Comparison the hearing will be limited to those instructions to CBP. Furthermore, VI. Currency Conversion raised in the respective case briefs. because the antidumping duty order on VII. Recommendation Commerce intends to issue the final SSB from Spain has been revoked as a [FR Doc. 2018–26650 Filed 12–7–18; 8:45 am] results of this administrative review, result of the Revocation Notice, BILLING CODE 3510–DS–P including the results of its analysis of Commerce will not issue cash deposit the issues raised in any written briefs, instructions at the conclusion of this no later than 120 days after the date of administrative review. DEPARTMENT OF COMMERCE publication of this notice, unless extended, pursuant to section Notification to Importers International Trade Administration 751(a)(3)(A) of the Act and 19 CFR This notice serves as a preliminary [A–570–831] 351.213(h)(1) and (2). reminder to importers of their Assessment Rates responsibility under 19 CFR Fresh Garlic From the People’s Republic of China: Preliminary Results Upon issuance of the final results, 351.402(f)(2) to file a certificate of Antidumping Duty Administrative Commerce shall determine and U.S. regarding the reimbursement of Review; 2016–2017 Customs and Border Protection (CBP) antidumping duties prior to liquidation shall assess antidumping duties on all of the relevant entries during this POR. AGENCY: Enforcement and Compliance, appropriate entries covered by this Failure to comply with this requirement International Trade Administration, revised POR. If Sidenor’s weighted- could result in the Secretary’s Department of Commerce. average dumping margin continues to be presumption that reimbursement of SUMMARY: The Department of Commerce above de minimis in the final results of antidumping duties occurred and the (Commerce) preliminarily determines this review, we will calculate importer- subsequent assessment of double that exporters of fresh garlic from the specific assessment rates based on the antidumping duties. People’s Republic of China (China) sold ratio of the total amount of antidumping We are issuing and publishing these merchandise in the United States at duties calculated for each importer’s results in accordance with sections prices below normal value (NV) during examined sales and the total entered 751(a)(1) and 777(i)(1) of the Act and 19 the period of review (POR), November 1, value of the sales in accordance with 19 CFR 351.213(h)(1) and 351.221(b)(4). 2016, through October 31, 2017. We CFR 351.212(b)(1).9 If Sidenor’s invite interested parties to comment on these preliminary results. 6 See 19 CFR 351.309(d). (February 14, 2012) (Final Modification for DATES: Applicable December 10, 2018. 7 See 19 CFR 351.303 (for general filing Reviews). FOR FURTHER INFORMATION CONTACT: requirements). 10 See Final Modification for Reviews, 77 FR at 8 See 19 CFR 351.310(c). 8102. Kathryn Wallace or Alexander Cipolla, 9 In these preliminary results, Commerce applied 11 See Revocation Notice, 83 FR at 49911. AD/CVD Operations, Office VII, the assessment rate calculation method adopted in 12 Enforcement and Compliance, Antidumping Proceedings: Calculation of the See Commerce Letter re: Sunset Revocation of Weighted-Average Dumping Margin and Antidumping Duty Orders—U.S. Customs and International Trade Administration, Assessment Rate in Certain Antidumping Duty Border Protection (CBP) Liquidation Instructions, U.S. Department of Commerce, 1401 Proceedings; Final Modification, 77 FR 8101 dated November 26, 2018. Constitution Avenue NW, Washington,

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DC 20230; telephone: (202) 482–6251 or Methodology to complete the administrative review (202) 482–4956. Commerce is conducting these with respect to these companies and intend to issue appropriate instructions SUPPLEMENTARY INFORMATION: reviews in accordance with sections 751(a)(1)(B) and 751(a)(2)(B) of the to CBP based on the final results of the Background 7 Tariff Act of 1930, as amended (the Act) administrative review. On January 11, 2018, Commerce and 19 CFR 351.214. Export prices were Verification initiated the twenty-third administrative calculated in accordance with section As provided in section 19 CFR review of fresh garlic from China with 772(a) of the Act. Because China is a 351.307, we intend to verify information respect to 53 companies and invited non-market economy (NME) within the relied upon in the final results of the interested parties to comment.1 meaning of section 771(18) of the Act, review. Commerce exercised its discretion to NV has been calculated in accordance toll all deadlines affected by the closure with section 773(c) of the Act. Preliminary Determination of Separate of the Federal Government from January For a full description of the Rates for Non-Selected Companies 20 through January 22, 2018. As a result, methodology underlying our In accordance with section all deadlines in this segment of the conclusions, see the Preliminary 777A(c)(2)(B) of the Act, Commerce proceeding have been extended by three Decision Memorandum, which is hereby employed a limited examination days.2 adopted by this notice. The Preliminary methodology, as we determined that it Decision Memorandum is a public would not be practicable to examine Scope of the Order document and is on file electronically individually all companies for which a The merchandise covered by the order via Enforcement and Compliance’s review request was made.8 There were includes all grades of garlic, whole or Antidumping and Countervailing Duty six exporters of subject merchandise separated into constituent cloves. Fresh Centralized Electronic Service System from China that have demonstrated their garlic that are subject to the order are (ACCESS). ACCESS is available to eligibility for a separate rate but were currently classified under the registered users at http://access.trade. not selected for individual examination Harmonized Tariff Schedule of the gov and is available to all parties in the in this review. These six exporters are United States (HTSUS) 0703.20.0010, Central Records Unit, room B8024 of the listed in Appendix II. 0703.20.0020, and 0703.20.0090. main Commerce building. In addition, a Neither the Act nor Commerce’s Although the HTSUS numbers are complete version of the Preliminary regulations address the establishment of provided for convenience and customs Decision Memorandum can be accessed the rate applied to individual purposes, the written product directly on the internet at http:// companies not selected for examination description remains dispositive. For a enforcement.trade.gov/frn/. The signed where Commerce limited its full description of the scope of this Preliminary Decision Memorandum and examination in an administrative review order, please see ‘‘Scope of the Order’’ the electronic versions of the pursuant to section 777A(c)(2) of the in the accompanying Preliminary Preliminary Decision Memorandum are Act. Commerce’s practice in cases Decision Memorandum.3 identical in content. involving limited selection based on exporters accounting for the largest Partial Rescission of Administrative Preliminary Determination of No volume of imports has been to look to Review Shipments section 735(c)(5) of the Act for guidance, which provides instructions for On January 11, 2018, Commerce As discussed at ‘‘Preliminary calculating the all-others rate in an initiated a review of 53 companies in Determination of No Shipments’’ in the investigation. Section 735(c)(5)(A) of the this administrative review.4 The accompanying Preliminary Decision 6 Act instructs Commerce to use rates mandatory respondents are Shandong Memorandum, the QTF-Entity and established for individually investigated Jinxiang Zhengyang Import & Export Jining Shengtai Fruits and Vegetables Co., Ltd. (Shengtai) filed ‘‘no shipment’’ producers and exporters, excluding any Co., Ltd. (Zhengyang) and Qingdao Sea- rates that are zero, de minimis, or based line International Trading Co. Ltd. (Sea- certifications stating that they had no entries into the United States of subject entirely on facts available in line). Between March 27, 2018, and investigations. In this review, we April 12, 2018, review requests were merchandise during the POR. Accordingly, we requested that U.S. calculated weighted-average dumping timely withdrawn for twelve margins for Zhengyang and Sea-line, companies.5 Commerce is, therefore, Customs and Border Protection (CBP) conduct a query of potential shipments and consistent with our practice, partially rescinding this administrative calculated an all-others rate for the review with respect to the companies made by the QTF-Entity and Shengtai. Based on the company certifications and companies to which it granted separate listed in Appendix I, in accordance with rate status, but which it did not 19 CFR 351.213(d)(1). our analysis of CBP information, we preliminarily determine that the individually examine.9 companies listed in Appendix III did 1 See Initiation of Antidumping and China-Wide Entity Countervailing Duty Administrative Reviews, 83 FR not have any shipments of subject merchandise during the POR. In Commerce’s policy regarding 1329 (January 11, 2018). conditional review of the China-wide 2 See Memorandum, ‘‘Deadlines Affected by the addition, we find that it is appropriate Shutdown of the Federal Government,’’ dated entity applies to this administrative January 23, 2018 (Tolling Memorandum). 6 The QTF-Entity includes Qingdao Lianghe 3 See Memorandum, ‘‘Decision Memorandum for International Trade Co., Ltd. (Lianghe); Qingdao 7 See Non-Market Economy Antidumping the Preliminary Results and Final Rescission, In Xintianfeng Foods Co., Ltd. (QXF); Qingdao Proceedings: Assessment of Antidumping Duties, 76 Part, of the 2016–2017 Antidumping Duty Tiantaixing Foods Co., Ltd. (QTF); Qingdao FR 65694, 65694–95 (October 24, 2011); see also Administrative Review: Fresh Garlic from the Tianhefeng Foods Co., Ltd. (QTHF); Qingdao ‘‘Assessment Rates’’ section below. People’s Republic of China’’ (November 30, 2018) Beixing Trading Co., Ltd. (QBT); Hebei Golden Bird 8 See Memorandum, ‘‘Selection of Respondents (Preliminary Decision Memorandum). Trading Co., Ltd.; and Huamei Consulting. See for Individual Examination,’’ dated February 28, 4 See Initiation of Antidumping and Memorandum, ‘‘23rd Administrative Review of the 2018. Countervailing Duty Administrative Reviews, 83 FR Antidumping Duty Order on Fresh Garlic from the 9 See Memorandum, ‘‘Calculation of the 1329 (January 11, 2018). People’s Republic of China: Status of the QTF- Preliminary Dumping Margin for Separate Rate 5 See Preliminary Decision Memorandum at 3. Entity,’’ dated October 22, 2018 at Attachment. Recipients,’’ dated November 30, 2018.

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review.10 Under this policy, the China- shipments companies discussed below, Preliminary Results of Administrative wide entity will not be under review and the companies for which the review Review unless a party specifically requests, or is being rescinded, Commerce considers Commerce self-initiates, a review of the all other companies for which a review Commerce preliminarily determines entity. Because no party requested, and was requested, and which did not that the following weighted-average Commerce did not self-initiate, a review preliminarily qualify for a separate rate, dumping margins exist for the of the China-wide entity for this POR, to be part of the China-wide entity. For administrative review covering the the entity is not under review and the additional information, see the period November 1, 2016, through entity’s rate (i.e., $4.71/kg) is not subject Preliminary Decision Memorandum. October 31, 2017: to change.11 Aside from the no

Weighted- average Exporter margin (dollars per kilogram)

Shandong Jinxiang Zhengyang Import & Export Co., Ltd...... 2.87 Qingdao Sea-Line International Trading Co., Ltd...... 4.60 Chengwu County Yuanxiang Industry & Commerce Co., Ltd ...... 3.69 Jining Alpha Food Co., Ltd...... 3.69 Qingdao Maycarrier Import & Export Co., Ltd...... 3.69 Shandong Chenhe International Trading Co., Ltd...... 3.69 Shandong Happy Foods Co., Ltd...... 3.69 Weifang Hongqiao International Logistics Co., Ltd...... 3.69

Disclosure, Public Comment and rebuttal briefs. If a party requests a remaining companies subject to review, Opportunity To Request a Hearing hearing, Commerce will inform parties Commerce will direct CBP to assess Commerce intends to disclose the of the scheduled date for the hearing rates based on the per-unit (i.e., per calculations used in our analyses to which will be held at the U.S. kilogram) amount on each entry of the parties in this review within five days Department of Commerce, 1401 subject merchandise during the POR. of the date of publication of this notice Constitution Avenue NW, Washington, Commerce intends to issue assessment in accordance with 19 CFR 351.224(b). DC 20230, at a time and location to be instructions to CBP 15 days after the Case briefs or other written comments determined. Parties should confirm by publication date of the final results of may be submitted by interested parties telephone the date, time, and location of review. no later than seven days after the date the hearing. Pursuant to Commerce’s assessment on which the final verification report is Commerce intends to issue the final practice in NME cases, for merchandise issued in these proceedings and rebuttal results of these reviews, including the that was not reported in the U.S. sales briefs, limited to issues raised in case results of its analysis of the issues raised databases submitted by an exporter briefs, may be submitted no later than in any written briefs, not later than 120 individually examined during this five days after the deadline date for case days after the date of publication of this review, but that entered under the case briefs.12 Pursuant to 19 CFR notice, pursuant to section 751(a)(3)(A) number of that exporter (i.e., at the 351.309(c)(2) and (d)(2), parties who of the Act. individually-examined exporter’s cash deposit rate), Commerce will instruct submit case briefs or rebuttal briefs in Assessment Rates this proceeding are encouraged to CBP to liquidate such entries at the submit with each argument: (1) A Upon issuance of the final results, NME-wide rate. In addition, if statement of the issue; (2) a brief Commerce will determine, and CBP Commerce determines that an exporter summary of the argument; and (3) a shall assess, antidumping duties on all under review had no shipments of the table of authorities.13 Any electronically appropriate entries covered by this subject merchandise, any suspended filed document must be received review, in accordance with 19 CFR entries that entered under that successfully in its entirety by 351.212(b). For the companies for which exporter’s case number (i.e., at that Commerce’s electronic records system, this review is rescinded, antidumping exporter’s rate) will be liquidated at the ACCESS, by the date and time it is due. duties shall be assessed at rates equal to China-wide rate.14 Pursuant to 19 CFR 351.310, any the cash deposit of estimated interested party may request a hearing antidumping duties required at the time Cash Deposit Requirements within 30 days of publication of this of entry, or withdrawal from warehouse, The following cash deposit notice. Hearing requests should contain for consumption, in accordance with 19 requirements will be effective upon the following information: (1) The CFR 351.212(c)(l)(i). Commerce intends publication of the final results of this party’s name, address, and telephone to issue appropriate assessment review for shipments of the subject number; (2) the number of participants; instructions with respect to the merchandise from China entered, or and (3) a list of the issues to be companies for which this review is withdrawn from warehouse, for discussed. Oral presentations will be rescinded to CBP 15 days after the consumption on or after the publication limited to issues raised in the case and publication of this notice. For the date, as provided by sections 751(a)(2)

10 See Antidumping Proceedings: Announcement 11 See Fresh Garlic from the People’s Republic of 13 See 19 CFR 351.309(c)(2). of Change in Department Practice for Respondent China: Final Results and Partial Rescission of the 14 For a full discussion of this practice, see Non- Selection in Antidumping Duty Proceedings and 13th Antidumping Duty Administrative Review and Market Economy Antidumping Proceedings: New Shipper Reviews, 74 FR 29174 (June 19, 2009). Conditional Review of the Nonmarket Economy Assessment of Antidumping Duties, 76 FR 65694 Entity in NME Antidumping Duty Proceedings, 78 12 See 19 CFR 351.309. See also 19 CFR 351.303 (October 24, 2011). FR 65963 (November 4, 2013). (for general filing requirements).

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of the Act: (1) For the companies listed Appendix II noaa.gov)or visit the NOAA RDEC above, the cash deposit rate will be the Non-Selected Separate Rate Companies website at https://nrc.noaa.gov/About/ rate established in these final results of Committees.aspx. review (except, if the rate is zero or de 1. Chengwu County Yuanxiang Industry & Commerce Co., Ltd SUPPLEMENTARY INFORMATION: Key vision minimis, then zero cash deposit will be 2. Jining Alpha Food Co., Ltd. statement areas of the plan include: (1) required for that company); (2) for 3. Qingdao Maycarrier Import & Export Co., Reduced societal impacts from severe previously investigated or reviewed Ltd. weather and other environmental Chinese and non-Chinese exporters not 4. Shandong Chenhe International Trading phenomena; (2) Sustainable use of listed above that have separate rates, the Co., Ltd. 5. Shandong Happy Foods Co., Ltd. ocean and coastal resources; and (3) A cash deposit rate will continue to be the robust and effective research, exporter-specific rate published for the 6. Weifang Hongqiao International Logistics Co., Ltd. development, and transition enterprise. most recent period; (3) for all Chinese Comments may address the proposed exporters of subject merchandise which Appendix III vision statements as well as key have not been found to be entitled to a Companies That Have Certified No questions, objectives, document separate rate, the cash deposit rate will Shipments structure, and other content and be the China-wide rate of 4.71 U.S. 1. QTF-Entity formatting aspects to consider for a draft dollars per kilogram; and (4) for all non- 2. Jining Shengtai Fruits & Vegetables Co., R&D Plan. Chinese exporters of subject Ltd. Dated: October 31, 2018. merchandise which have not received [FR Doc. 2018–26652 Filed 12–7–18; 8:45 a.m.] David Holst, their own rate, the cash deposit rate will BILLING CODE 3510–DS–P be the rate applicable to the Chinese Chief Financial Officer/Administrative exporter that supplied that non-Chinese Officer, Office of Oceanic and Atmospheric exporter. These requirements, when DEPARTMENT OF COMMERCE Research, National Oceanic and Atmospheric Administration. imposed, shall remain in effect until further notice. National Oceanic and Atmospheric [FR Doc. 2018–26131 Filed 12–7–18; 8:45 am] Administration BILLING CODE 3510–KD–P Notification to Importers This notice serves as a preliminary Public Comment for the NOAA reminder to importers of their Research and Development Plan DEPARTMENT OF COMMERCE responsibility under 19 CFR AGENCY: National Oceanic and National Oceanic and Atmospheric 351.402(f)(2) to file a certificate Atmospheric Administration (NOAA), Administration regarding the reimbursement of Office of Oceanic and Atmospheric antidumping duties prior to liquidation Research (OAR), Department of RIN 0648–XG319 of the relevant entries during this Commerce (DOC). review period. Failure to comply with Marine Mammals; File No. 22294 ACTION: Notice of public comment. this requirement could result in AGENCY: National Marine Fisheries Commerce’s presumption that SUMMARY: This notice sets forth a public Service (NMFS), National Oceanic and reimbursement of antidumping duties comment for NOAA’s Research and Atmospheric Administration (NOAA), occurred and the subsequent assessment Development (R&D) Plan set for release Commerce. of double antidumping duties. in 2019. NOAA R&D is an investment in ACTION: Notice; withdrawal of We are issuing and publishing these the scientific knowledge and technology application. preliminary results in accordance with that will allow the United States to sections 751(a)(1) and 777(i) of the Act, protect lives and property, adapt to SUMMARY: Notice is hereby given that and 19 CFR 351.213(h) and challenges, sustain a strong economy, Plimsoll Productions, Whiteladies 351.221(b)(4). and manage natural resources. The R&D House, 51–55 Whiteladies Road, Clifton, Dated: November 30, 2018. strategic plan will provide a common Bristol, BS8 2LY, United Kingdom Gary Taverman, understanding among NOAA’s (Responsible Party: Bill Markham) has Deputy Assistant Secretary for Antidumping leadership, workforce, partners, and withdrawn their application for a permit and Countervailing Duty Operations, constituents on the value and direction to conduct commercial or educational performing the non-exclusive functions and of NOAA R&D activities. photography on bottlenose dolphins duties of the Assistant Secretary of DATES: Comments are due by February (Tursiops truncatus). Enforcement and Compliance. 8, 2019. ADDRESSES: The application and related Appendix I Please refer to the web page https:// documents are available for review nrc.noaa.gov/CouncilProducts/Research upon written request or by appointment Companies for Which Administrative Plans.aspx to find the previous NOAA in the Permits and Conservation Reviews Have Been Rescinded R&D plan. Division, Office of Protected Resources, 1. Foshan Fuyi Food Co., Ltd. ADDRESSES: Submit public comments NMFS, 1315 East-West Highway, Room 2. Jining Shunchang Import & Export Co., 13705, Silver Spring, MD 20910; phone Ltd. via email to [email protected]. 3. Jinxiang Feiteng Import & Export Co., Ltd. Include ‘‘NOAA R&D Plan Public (301) 427–8401; fax (301) 713–0376. 4. Jinxiang Hejia Co., Ltd. Comment’’ in the subject line of the FOR FURTHER INFORMATION CONTACT: 5. Jinxiang Kingkey Trade Co., Ltd. message. All comments received are Carrie Hubard or Sara Young, (301) 427– 6. Qingdao Joinseafoods part of the public record. 8401. 7. Shenzhen Bainong Co., Ltd. FOR FURTHER INFORMATION CONTACT: Dr. SUPPLEMENTARY INFORMATION: On July 2, 8. Shenzhen Xinboda Industrial Co., Ltd. Gary Matlock, Deputy Assistant 2018, notice was published in the 9. Shijiazhuang Goodman Trading Co., Ltd. 10. Weifang Naike Food Co., Ltd. Administrator for Science, NOAA, Rm. Federal Register (83 FR 30916) that a 11. Zhengzhou Harmoni Spice Co., Ltd. 11461, 1315 East-West Highway, Silver request for a permit to conduct 12. Zhengzhou Yudishengjin Agricultural Spring, Maryland 20910. (Phone: 301– commercial or educational photography Trade Co., Ltd. 734–1185, Email: gary.c.matlock@ had been submitted by the above-named

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applicant. The applicant has withdrawn endangered species (‘‘take’’ includes aided, salvaged, or disposed of the application from further actions that harass, harm, pursue, kill, salmonids; 2 hours for research permits; consideration. or capture). The first salmonid species 5 hours for artificial propagation plans; Dated: December 4, 2018. listed by NMFS as threatened were and 2 hours for annual reports. Estimated Total Annual Burden Julia Marie Harrison, protected by virtually blanket application of the section 9 take Hours: 935. Chief, Permits and Conservation Division, Estimated Total Annual Cost to Office of Protected Resources, National prohibitions. There are now 23 separate Marine Fisheries Service. Distinct Population Segments (DPS) of Public: $580. [FR Doc. 2018–26666 Filed 12–7–18; 8:45 am] west coast salmonids listed as IV. Request for Comments BILLING CODE 3510–22–P threatened, covering a large percentage of the land base in California, Oregon, Comments are invited on: (a) Whether Washington and Idaho. NMFS is the proposed collection of information is necessary for the proper performance DEPARTMENT OF COMMERCE obligated to enact necessary and advisable protective regulations. NMFS of the functions of the agency, including National Oceanic and Atmospheric makes section 9 prohibitions generally whether the information shall have Administration applicable to many of those threatened practical utility; (b) the accuracy of the DPS, but also seeks to respond to agency’s estimate of the burden Proposed Information Collection; requests from states and others to both (including hours and cost) of the Comment Request; Limits of provide more guidance on how to proposed collection of information; (c) Application of the Take Prohibitions protect threatened salmonids and avoid ways to enhance the quality, utility, and take, and to limit the application of take clarity of the information to be AGENCY: National Oceanic and collected; and (d) ways to minimize the Atmospheric Administration (NOAA), prohibitions wherever warranted (see 70 FR 37160, June 28, 2005, 71 FR 834, burden of the collection of information Commerce. on respondents, including through the ACTION: Notice. January 5, 2006, and 73 FR 55451, September 25, 2008). The regulations use of automated collection techniques or other forms of information SUMMARY: The Department of describe programs or circumstances that Commerce, as part of its continuing contribute to the conservation of, or are technology. Comments submitted in response to effort to reduce paperwork and being conducted in a way that limits this notice will be summarized and/or respondent burden, invites the general impacts on, listed salmonids. Because included in the request for OMB public and other Federal agencies to we have determined that such approval of this information collection; take this opportunity to comment on programs/circumstances adequately they also will become a matter of public proposed and/or continuing information protect listed salmonids, the regulations record. collections, as required by the do not apply the ‘‘take’’ prohibitions to Paperwork Reduction Act of 1995. them. Some of these limits on the take Dated: December 4, 2018. DATES: Written comments must be prohibitions entail voluntary Sarah Brabson, submitted on or before February 8, 2019. submission of a plan to NMFS and/or NOAA PRA Clearance Officer. ADDRESSES: Direct all written comments annual or occasional reports by entities [FR Doc. 2018–26683 Filed 12–7–18; 8:45 am] to Jennifer Jessup, Departmental wishing to take advantage of these BILLING CODE 3510–22–P Paperwork Clearance Officer, limits, or continue within them. Department of Commerce, Room 6616, The currently approved application 14th and Constitution Avenue NW, and reporting requirements apply to DEPARTMENT OF COMMERCE Pacific marine and anadromous fish Washington, DC 20230 (or via the National Oceanic and Atmospheric internet at [email protected]). species, as requirements regarding other species are being addressed in a Administration FOR FURTHER INFORMATION CONTACT: Requests for additional information or separate information collection. RIN 0648–XG561 copies of the information collection II. Method of Collection 2019 Annual Determination To instrument and instructions should be Submissions may be electronically or Implement the Sea Turtle Observer directed to Gary Rule, NOAA Fisheries, on paper. Requirement 1201 NE Lloyd Blvd. Suite 1100, Portland, OR 97232, (503) 230–5424 or III. Data AGENCY: National Marine Fisheries [email protected]. OMB Control Number: 0648–0399. Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: Form Number(s): None. Atmospheric Administration (NOAA), Type of Review: Regular submission Commerce. I. Abstract (extension of a current information ACTION: Notice. This request is for extension of a collection). currently approved information Affected Public: Federal government; SUMMARY: The National Marine collection. State, local, or tribal government; Fisheries Service (NMFS) is providing Section 4(d) of the Endangered business or other for-profit notification that the agency will not Species Act of 1973 (ESA; 16 U.S.C. organizations. identify additional fisheries to observe 1531 et. seq.) requires the National Estimated Number of Respondents: on the 2019 Annual Determination Marine Fisheries Service (NMFS) to 331. (AD), pursuant to its authority under the adopt such regulations as it ‘‘deems Estimated Time per Response: 5 hours Endangered Species Act (ESA or Act). necessary and advisable to provide for for a diversion screening limit project; Through the AD, NMFS identifies U.S. the conservation of’’ threatened species. 20 hours for a road maintenance fisheries operating in the Atlantic Those regulations may include any or agreement; 30 hours for an urban Ocean, Gulf of Mexico, and Pacific all of the prohibitions provided in development package; 20 hours for a Ocean that will be required to take section 9(a)(1) of the ESA, which tribal plan; 10 hours for a fishery observers upon NMFS’ request. The specifically prohibits ‘‘take’’ of any harvest plan; 5 hours for a report of purpose of observing identified fisheries

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is to learn more about sea turtle turtles are listed as endangered. U.S. territorial waters, the U.S. interactions in a given fishery, evaluate Loggerhead (Caretta caretta; Northwest exclusive economic zone (EEZ), or on measures to prevent or reduce sea turtle Atlantic distinct population segment), the high seas, or on vessels that are takes, and implement the prohibition green (Chelonia mydas; North Atlantic, otherwise subject to the jurisdiction of against sea turtle takes. Fisheries South Atlantic, Central North Pacific, the United States. Failure to comply identified on the 2015 and 2018 ADs and East Pacific distinct population with the requirements under this rule (see Table 1) remain on the AD for a 5- segments), and olive ridley may result in enforcement action. year period and are required to carry (Lepidochelys olivacea) sea turtles are When observers are required, NMFS observers upon NMFS’ request until listed as threatened, except for breeding will pay the direct costs for vessels to December 31, 2019 and December 31, colony populations of olive ridleys on carry observers. These include observer 2022, respectively. the Pacific coast of Mexico, which are salary and insurance costs. NMFS may ADDRESSES: See SUPPLEMENTARY listed as endangered. Due to the also evaluate other potential direct INFORMATION for a listing of all Regional inability to distinguish between costs, should they arise. Once selected, Offices. populations of olive ridley turtles away a fishery will be required to carry from the nesting beach, NMFS considers FOR FURTHER INFORMATION CONTACT: Sara observers, if requested, for a period of these turtles endangered wherever they Wissmann, Office of Protected five years without further action by occur in U.S. waters. While some sea Resources, (301) 427–8402; Ellen Keane, NMFS. This will enable NMFS to turtle populations have shown signs of Greater Atlantic Region, (978) 282–8476; develop appropriate observer coverage recovery, many populations continue to Dennis Klemm, Southeast Region, (727) and sampling protocol to investigate decline. whether, how, when, where, and under 824–5312; Dan Lawson, West Coast Incidental take in fishing gear, or what conditions incidental takes are Region, (206) 526–4740; Irene Kelly, bycatch, is the primary anthropogenic occurring; to evaluate whether existing Pacific Islands Region, (808) 725–5141. source of sea turtle injury and mortality measures are minimizing or preventing Individuals who use a in U.S. waters. Section 9 of the ESA takes; and to implement ESA take telecommunications device for the prohibits the take (defined to include prohibitions and conserve turtles. hearing impaired may call the Federal harassing, harming, pursuing, hunting, Information Relay Service at 1(800) shooting, wounding, killing, trapping, 2019 Annual Determination 877–8339 between 8 a.m. and 4 p.m. capturing, or collecting or attempting to Eastern time, Monday through Friday, engage in any such conduct), including Pursuant to 50 CFR 222.402(a), excluding Federal holidays. incidental take, of endangered sea NOAA’s Assistant Administrator for SUPPLEMENTARY INFORMATION: turtles. Pursuant to section 4(d) of the Fisheries, in consultation with Regional Administrators and Fisheries Science Availability of Published Materials ESA, NMFS has issued regulations extending the prohibition of take, with Center Directors, annually identifies Information regarding the Sea Turtle exceptions, to threatened sea turtles (50 fisheries for inclusion on the AD based Observer Requirement for Fisheries (72 CFR 223.205 and 223.206). Section 11 of on the extent to which: FR 43176; August 3, 2007) may be the ESA provides for civil and criminal (1) The fishery operates in the same obtained online at www.nmfs.noaa.gov/ penalties for anyone who violates the waters and at the same time as sea pr/species/turtles/regulations.htm or Act or a regulation issued to implement turtles are present; from any NMFS Regional Office at the the Act. NMFS may grant exceptions to (2) The fishery operates at the same addresses listed below: the take prohibitions with an incidental time or prior to elevated sea turtle • NMFS, Greater Atlantic Region, 55 take statement or an incidental take strandings; or Great Republic Drive, Gloucester, MA permit issued pursuant to ESA section (3) The fishery uses a gear or 01930; 7 or 10, respectively. To do so, NMFS technique that is known or likely to • NMFS, Southeast Region, 263 13th must determine that the activity that result in incidental take of sea turtles Avenue South, St. Petersburg, FL 33701; will result in incidental take is not based on documented or reported takes • NMFS, West Coast Region, 501 W likely to jeopardize the continued in the same or similar fisheries; and Ocean Blvd., Suite 4200, Long Beach, existence of the affected listed species. CA 90802; For some Federal fisheries and most (4) NMFS intends to monitor the • NMFS, Pacific Islands Region, state fisheries, NMFS has not granted an fishery and anticipates that it will have Protected Resources, 1845 Wasp Blvd., exception for incidental takes of sea the funds to do so. Building 176, Honolulu, HI 96818. turtles primarily because we lack NMFS is providing notification that information about fishery-sea turtle the agency is not identifying additional Purpose of the Sea Turtle Observer fisheries to observe on the 2019 AD, Requirement interactions. The most effective way for NMFS to pursuant to its authority under the ESA. Under the ESA, 16 U.S.C. 1531 et seq., learn more about sea turtle-fishery NMFS is not identifying additional NMFS has the responsibility to interactions in order to implement the fisheries at this time given lack of implement programs to conserve marine take prohibitions and prevent or dedicated resources to implement new life listed as endangered or threatened. minimize take is to place observers observer programs or expand existing All sea turtles found in U.S. waters are aboard fishing vessels. In 2007, NMFS observer programs to focus on sea listed as either endangered or issued a regulation (50 CFR 222.402) turtles. The 14 fisheries identified on threatened under the ESA. Kemp’s establishing procedures to annually the 2015 AD (see Table 1) remain on the ridley (Lepidochelys kempii), identify, pursuant to specified criteria AD for a 5-year period and are therefore loggerhead (Caretta caretta; North and after notice and opportunity for required to carry observers upon NMFS’ Pacific distinct population segment), comment, those fisheries in which the request until December 31, 2019. The leatherback (Dermochelys coriacea), agency intends to place observers (72 FR two fisheries identified on the 2018 AD green (Chelonia mydas; Central West 43176; August 3, 2007). These (see Table 1) will remain on the AD for Pacific and Central South Pacific regulations specify that NMFS may a 5-year period and are therefore distinct population segments), and place observers on U.S. fishing vessels, required to carry observers upon NMFS’ hawksbill (Eretmochelys imbricata) sea commercial or recreational, operating in request until December 31, 2022.

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TABLE 1—STATE AND FEDERAL COM- previously furnished by nonprofit Mandatory Source of Supply: The Chimes, MERCIAL FISHERIES INCLUDED ON agencies employing persons who are Inc., Baltimore, MD THE 2015 AND 2018 ANNUAL DE- blind or have other severe disabilities. Contracting Activity: DEPT OF THE ARMY, W40M NORTHEREGION CONTRACT TERMINATIONS DATES: Date deleted from the Procurement List: January 6, 2019. OFC Years ADDRESSES: Committee for Purchase Michael R. Jurkowski, eligible From People Who Are Blind or Severely Fishery to carry Deputy Director, Business & PL Operations, observers Disabled, 1401 S Clark Street, Suite 715, Business Operations. Arlington, Virginia 22202–4149. [FR Doc. 2018–26619 Filed 12–7–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Trawl Fisheries BILLING CODE 6353–01–P Michael R. Jurkowski, Telephone: (703) Southeastern U.S. Atlantic, 603–2117, Fax: (703) 603–0655, or email Gulf of Mexico shrimp [email protected]. trawl ...... 2015–2019 COMMITTEE FOR PURCHASE FROM Gulf of Mexico mixed spe- SUPPLEMENTARY INFORMATION: PEOPLE WHO ARE BLIND OR cies fish trawl ...... 2015–2019 Deletions SEVERELY DISABLED Gillnet Fisheries On 11/2/2018 (83 FR 213), the Procurement List; Proposed Deletion Committee for Purchase From People California halibut, white Who Are Blind or Severely Disabled AGENCY: Committee for Purchase From seabass and other species published notice of proposed deletions People Who Are Blind or Severely set gillnet (≤3.5 in mesh) .. 2015–2019 from the Procurement List. Disabled. California yellowtail, barra- After consideration of the relevant cuda, and white seabass matter presented, the Committee has ACTION: Proposed deletion from the drift gillnet (mesh size >3.5 Procurement List. in. and <14 in.) ...... 2015–2019 determined that the product and Chesapeake Bay inshore services listed below are no longer gillnet ...... 2015–2019 suitable for procurement by the Federal SUMMARY: The Committee is proposing Long Island inshore gillnet ... 2015–2019 Government under 41 U.S.C. 8501–8506 to delete a product that was furnished North Carolina inshore gillnet 2015–2019 and 41 CFR 51–2.4. by a nonprofit agency employing Gulf of Mexico gillnet ...... 2015–2019 persons who are blind or have other Regulatory Flexibility Act Certification Mid-Atlantic gillnet ...... 2018–2022 severe disabilities. I certify that the following action will Trap/pot Fisheries not have a significant impact on a DATES: Comments must be received on substantial number of small entities. or before: January 6, 2019. Atlantic blue crab trap/pot .... 2015–2019 Atlantic mixed species trap/ The major factors considered for this ADDRESSES: Committee for Purchase pot ...... 2015–2019 certification were: From People Who Are Blind or Severely Northeast/Mid-Atlantic Amer- 1. The action will not result in Disabled, 1401 S Clark Street, Suite 715, ican lobster trap/pot ...... 2015–2019 additional reporting, recordkeeping or Arlington, Virginia 22202–4149. other compliance requirements for small Pound Net/Weir/Seine Fisheries entities. FOR FURTHER INFORMATION CONTACT: For 2. The action may result in further information or to submit Mid-Atlantic haul/beach seine 2015–2019 authorizing small entities to furnish the comments contact: Michael R. Mid-Atlantic menhaden purse product and services to the Government. Jurkowski, Telephone: (703) 603–2117, seine ...... 2015–2019 3. There are no known regulatory Fax: (703) 603–0655, or email Rhode Island floating trap .... 2015–2019 Gulf of Mexico menhaden alternatives which would accomplish [email protected]. the objectives of the Javits-Wagner- purse seine ...... 2018–2022 SUPPLEMENTARY INFORMATION: This O’Day Act (41 U.S.C. 8501–8506) in notice is published pursuant to 41 connection with the product and Dated: December 3, 2018. U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its services deleted from the Procurement purpose is to provide interested persons Donna S. Wieting, List. Director, Office of Protected Resources, an opportunity to submit comments on National Marine Fisheries Service. End of Certification the proposed action. [FR Doc. 2018–26628 Filed 12–7–18; 8:45 am] Accordingly, the following product Deletion BILLING CODE 3510–22–P and services are deleted from the Procurement List: The following product is proposed for Product(s) deletion from the Procurement List: COMMITTEE FOR PURCHASE FROM Product(s) PEOPLE WHO ARE BLIND OR NSN(s)–Product Name(s): 6545–00–NSH– SEVERELY DISABLED 0026—Long Range Raid (LRR) NSN(s)—Product Name(s): MR 546—Sponge, Mandatory Source of Supply: ServiceSource, All-Purpose, Nylon Mesh, Large Procurement List; Deletions Inc., Oakton, VA Mandatory Source of Supply: Alphapointe, Contracting Activity: COMMANDER, Kansas City, MO AGENCY: Committee for Purchase From QUANTICO, VA Contracting Activity: Defense Commissary People Who Are Blind or Severely Service(s) Agency Disabled. Service Type: Janitorial/Custodial Service Michael R. Jurkowski, ACTION: Deletions from the Procurement Mandatory for: Deputy Director, Business & PL Operations, List. U.S. Army Reserve Center: 936 Easton Business Operations. Road, Horsham, PA SUMMARY: This action deletes a product U.S. Army Reserve Center: 1020 Sandy [FR Doc. 2018–26618 Filed 12–7–18; 8:45 am] and services from the Procurement List Street, Norristown, PA BILLING CODE 6353–01–P

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DEPARTMENT OF DEFENSE Agenda: The RFPB will hold a Meeting Accessibility: Pursuant to meeting from 8:55 a.m. to 3:50 p.m. The section 10(a)(1) of the FACA and 41 CFR Office of the Secretary portion of the meeting from 8:55 a.m. to 102–3.140 through 102–3.165, and 1:20 p.m. will be closed to the public subject to the availability of space, the Reserve Forces Policy Board; Notice and will consist of remarks to the RFPB meeting is open to the public from 1:35 of Federal Advisory Committee from the following invited speakers: The p.m. to 3:50 p.m. Seating is on a first- Meeting Commander, U.S. Cyber Command will come, first-served basis. All members of AGENCY: Under Secretary of Defense for discuss the Cyber Command’s Cyber the public who wish to attend the Personnel and Readiness, Reserve Strategy which implements the National public meeting must contact Mr. Alex Forces Policy Board, Department of Defense Strategy priorities in and Sabol, the Designated Federal Officer, Defense. through cyberspace with the goal of not later than 12:00 p.m. on Tuesday, ACTION: Notice of federal advisory protecting the Nation’s critical December 11, 2018, as listed in the FOR committee meeting. infrastructure and defending the FURTHER INFORMATION CONTACT section to Department of Defense network make arrangements for a Pentagon SUMMARY: The Department of Defense infrastructure while integrating the escort, if necessary. Public attendees (DoD) is publishing this notice to Reserve Components as a Total Force; requiring escort should arrive at the announce that the following Federal the Secretary of Defense will address Pentagon Metro Entrance at 12:45 p.m. Advisory Committee meeting of the key National Military Strategy to provide sufficient time to complete Reserve Forces Policy Board (RFPB) will challenges facing our Nation, priorities security screening to attend the take place. for adapting the force, and the use of the beginning of the Open Meeting at 1:35 DATES: The RFPB will hold a meeting on Reserve Components to overcome these p.m. on December 12th. To complete the Wednesday, December 12, 2018 from challenges; The Adjutant General, security screening, please be prepared to 8:55 a.m. to 3:50 p.m. The portion of the California will discuss the recent present two forms of identification. One meeting from 8:55 a.m. to 1:20 p.m. will California National Guard’s Homeland must be a picture identification card. In be closed to the public. The portion of Security and National Security Strategy accordance with section 10(d) of the the meeting from 1:35 p.m. to 3:50 p.m. operations issues with cyber security, FACA, 5 U.S.C. 552b(c), and 41 CFR will be open to the public. immigration operations and the current 102–3.155, the DoD has determined that ADDRESSES: The RFPB meeting address California National Guard Ukrainian the portion of this meeting scheduled to is the Pentagon, Room 3E863, Arlington, mission; and the Deputy Director for occur from 8:45 a.m. to 1:20 p.m. will VA. Global Integration and Current be closed to the public. Specifically, the FOR FURTHER INFORMATION CONTACT: Operations, Integrated Operations Under Secretary of Defense (Personnel Alexander Sabol, (703) 681–0577 Division, Joint Staff will discuss how and Readiness), in coordination with (Voice), 703–681–0002 (Facsimile), the concept of Dynamic Force the Department of Defense FACA [email protected] (Email). Employment from National Defense Attorney, has determined in writing that Mailing address is Reserve Forces Policy Strategy requires the Reserve this portion of the meeting will be Board, 5113 Leesburg Pike, Suite 601, Components to be ready to deploy closed to the public because it is likely Falls Church, VA 22041. Website: without major buildup of forces and to disclose classified matters covered by http://rfpb.defense.gov/. The most up- additional training time. The portion of 5 U.S.C. 552b(c)(1). to-date changes to the meeting agenda the meeting from 1:35 p.m. to 3:50 p.m. can be found on the website. Written Statements: Pursuant to will be open to the public and will section 10(a)(3) of the FACA and 41 CFR SUPPLEMENTARY INFORMATION: Due to consist of briefings from the following: 102–3.105(j) and 102–3.140, interested difficulties beyond the control of the Col Forrest Marion, USAFR (Ret) and Department of Defense (DoD) and the persons may submit written statements Col John Hoffman, USMCR (Ret) will Designated Federal Officer, the Reserve to the RFPB about its approved agenda brief their published book: ‘‘Forging a Forces Policy Board was unable to or at any time on the RFPB’s mission. Total Force—Evolution of the Guard provide public notification required by Written statements should be submitted and Reserve’’ in which they analyzed 41 CFR 102–3.150(a) concerning the to the RFPB’s Designated Federal Officer how the Nation’s military drawdowns meeting on December 12, 2018, of the at the address, email, or facsimile Reserve Forces Policy Board. have historically caused the Nation to number listed in the FOR FURTHER Accordingly, the Advisory Committee depend on its Guard and Reserve, INFORMATION CONTACT section. If Management Officer for the DoD, detailing the issues policymakers are statements pertain to a specific topic pursuant to 41 CFR 102–3.150(b), facing as they forge ahead with citizen- being discussed at the planned meeting, waives the 15-calendar day notification soldiers serving as an operational force; then these statements must be submitted requirement. the Deputy Director, Materiel (Resource no later than five (5) business days prior This meeting is being held under the Evaluation) will discuss how the current to the meeting in question. Written provisions of the Federal Advisory fielding of equipment to the Reserve statements received after this date may Committee Act (FACA) (5 U.S.C., Components creates interoperability not be provided to or considered by the Appendix), the Government in the issues and requires Reserve Components RFPB until its next meeting. The Sunshine Act (5 U.S.C. 552b), and 41 to operate new equipment for the first Designated Federal Officer will review CFR 102–3.140 and 102–3.150. time while deploying in theatre of all timely submitted written statements Purpose of the Meeting: The purpose operations; and the Chairman of the and provide copies to all the RFPB of the meeting is to obtain, review, and RFPB will discuss recommended members before the meeting that is the evaluate information related to priorities for the RFPB as they pertain subject of this notice. Please note that strategies, policies, and practices to the Secretary of Defense’s National since the RFPB operates under the designed to improve and enhance the Military Strategy and the anticipated provisions of the FACA, all submitted capabilities, efficiency, and implications these priorities may have comments and public presentations will effectiveness of the Reserve on Active/Reserve Component force be treated as public documents and will Components. structure, readiness, and utilization. be made available for public inspection,

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including, but not limited to, being SYSTEM FAULT EVENT INCLUDING A Bldg. 2, 300 Highway 361, Crane, IN posted on the RFPB’s website. FIRST AND SECOND TIMING 47522–5001, telephone 812–854–4100. Dated: December 4, 2018. SEQUENCE FOR MPS MAIN RELAY(S) Authority: 35 U.S.C. 207, 37 CFR part 404. Morgan E. Park, AND HVCS RELAY(S) OPERATION// Patent No. 10,101,106 (Navy Case No. Dated: December 3, 2018. Alternate OSD Federal Register Liaison Meredith Steingold Werner, Officer, Department of Defense. 200388): PORTABLE PART OR CONSUMABLE ITEM CARRIER WITH Commander, Judge Advocate General’s Corps, [FR Doc. 2018–26632 Filed 12–7–18; 8:45 am] ANTI–JAM FEED SYSTEM WITH U.S. Navy, Federal Register Liaison Officer. BILLING CODE 5001–06–P EXEMPLARY CONSUMING ITEM [FR Doc. 2018–26601 Filed 12–7–18; 8:45 am] SYSTEMS//Patent No. 10,107,858 (Navy BILLING CODE 3810–FF–P DEPARTMENT OF DEFENSE Case No. 200360): DIGITAL TEST SYSTEM//Patent No. 10,109,924 (Navy Department of the Navy Case No. 200393): METHOD FOR DEPARTMENT OF ENERGY ASSEMBLING A MULTI-ELEMENT Notice of Availability of Government- APPARATUS USING A Federal Energy Regulatory Owned Inventions; Available for RECONFIGURABLE ASSEMBLY Commission Licensing APPARATUS//and Patent No. [Docket No. CP18–506–000] AGENCY: Department of the Navy, DoD. 10,114,127 (Navy Case No. 200238): AUGMENTED REALITY Portland Natural Gas Transmission ACTION: Notice. VISUALIZATION SYSTEM. System; Notice of Availability of the SUMMARY: The Department of the Navy Authority: 35 U.S.C. 207, 37 CFR part 404. Environmental Assessment for the (DoN) announces the availability of the Proposed Portland Xpress Project Dated: December 3, 2018. inventions listed below, assigned to the The staff of the Federal Energy United States Government, as Meredith Steingold Werner, Regulatory Commission (FERC or represented by the Secretary of the Commander, Judge Advocate General’s Corps, Commission) has prepared an Navy, for domestic and foreign licensing U.S. Navy, Federal Register Liaison Officer. by the Department of the Navy. [FR Doc. 2018–26599 Filed 12–7–18; 8:45 am] environmental assessment (EA) for the Portland Xpress Project (Project), ADDRESSES: BILLING CODE 3810–FF–P Requests for copies of the proposed by Portland Natural Gas patents cited should be directed to Transmission System (PNGTS) in the Naval Surface Warfare Center, Crane DEPARTMENT OF DEFENSE above-referenced docket. The Project is Div, Code OOL, Bldg. 2, 300 Highway designed to provide 24,375 million 361, Crane, IN 47522–5001. Department of the Navy cubic feet per day (Mcf/d) to PNGTS FOR FURTHER INFORMATION CONTACT: Mr. owned facilities, and 22,339 Mcf/d on Christopher Monsey, Naval Surface Notice of Intent To Grant Co-Exclusive PNGTS and Maritimes & Northeast Warfare Center, Crane Div, Code OOL, License Pipeline, LLC (Maritimes) jointly owned Bldg. 2, 300 Highway 361, Crane, IN facilities. PNGTS also requests approval AGENCY: Department of the Navy, DoD. 47522–5001, Email to abandon 7,185 Mcf/d of existing [email protected], ACTION: Notice. interim capacity from Maritimes. The telephone 812–854–2777. Project includes modifications to SUMMARY: SUPPLEMENTARY INFORMATION: The The invention listed below is existing facilities in Cumberland and following patents are available for assigned to the United States York Counties, Maine, and Middlesex licensing: Patent No. 10,101125 (Navy Government as represented by the County, Massachusetts. Case No. 200366): PRECISION Secretary of the Navy. The Department The EA assesses the potential ENGAGEMENT SYSTEM//Patent No. of the Navy hereby gives notice of its environmental effects of the 10,106,880 (Navy Case No. 200332): intent to grant to Newcomer Arms, LLC construction and operation of the MODIFYING THE SURFACE and Burkart-Taylor, LLC, a revocable, Project in accordance with the CHEMISTRY OF A MATERIAL//Patent nonassignable, co-exclusive license to requirements of the National No. 10,109,915 (Navy Case No. 103078): practice in the United States, the Environmental Policy Act (NEPA). The PLANAR NEAR-FIELD CALIBRATION Government-owned invention described FERC staff concludes that approval of OF DIGITAL ARRAYS USING below: the Project, with appropriate mitigating ELEMENT PLANE WAVE SPECTRA// U.S. Patent Application Number 14/ measures, would not constitute a major Patent No. 10,091,664 (Navy Case No. 953,315 (Navy Case 200226): filed federal action significantly affecting the 200240): SYSTEM AND METHODS FOR November 28, 2015, entitled quality of the human environment. UNOBTRUSIVELY AND ‘‘OPTIMIZED SUBSONIC PROJECTILES The proposed Project includes the RELOCATEABLY EXTENDING AND RELATED METHODS.’’ following facilities: COMMUNICATION COVERAGE AND DATES: Anyone wishing to object to the SUPPORTING UNMANNED AERIAL Westbrook Compressor Station (CS), grant of this co-exclusive license must Cumberland County, Maine VEHICLE (UAV) ACTIVITIES//Patent file written objections along with No. 10,094,866 (Navy Case No. 103206): • Install a new electrical control supporting evidence, if any, not later building with motor control center, PORTABLE MULTI–FUNCTION CABLE than December 26, 2018. TESTER//Patent No. 10,095,193 (Navy emergency generator building and Case No. 200284): HIGH SPEED, HIGH ADDRESSES: Written objections are to be generator and ancillary equipment. VOLTAGE (HV) CAPACITOR SYSTEM filed with Naval Surface Warfare Center, Eliot CS, York County, Maine (HVCS) CONTROL SYSTEMS AND Crane Div., Code OOL, Bldg. 2, 300 • Expansion of the existing building RELATED METHODS FOR HVCS Highway 361, Crane, IN 47522–5001. to include one new 6,300 CHARGE/DISCHARGE UPON FOR FURTHER INFORMATION CONTACT: Mr. horsepower (hp) gas-fired ACTIVATION/DEACTIVATION OF A Christopher Monsey, Naval Surface compression unit and ancillary HV MAIN POWER SYSTEM (MPS) OR Warfare Center, Crane Div., Code OOL, equipment; and

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• install an auxiliary building [email protected]. Please time you spend researching proceedings housing a replacement emergency carefully follow these instructions so by automatically providing you with generator and boiler. that your comments are properly notification of these filings, document Dracut Meter and Regulator (M&R) recorded. summaries, and direct links to the Station, Middlesex County, (1) You can file your comments documents. Go to www.ferc.gov/docs- Massachusetts electronically using the eComment filing/esubscription.asp. • feature on the Commission’s website Install a low flow meter and Dated: December 3, 2018. transmitters and replace ultrasonic (www.ferc.gov) under the link to Documents and Filings. This is an easy Kimberly D. Bose, meter assemblies; Secretary. • install a new 86-hp emergency method for submitting brief, text-only generator; and comments on a project; [FR Doc. 2018–26660 Filed 12–7–18; 8:45 am] • installation of ancillary equipment. (2) You can also file your comments BILLING CODE 6717–01–P The Commission mailed a copy of the electronically using the eFiling feature on the Commission’s website Notice of Availability of the EA to DEPARTMENT OF ENERGY federal, state, and local government (www.ferc.gov) under the link to representatives and agencies; elected Documents and Filings. With eFiling, you can provide comments in a variety Federal Energy Regulatory officials; environmental and public of formats by attaching them as a file Commission interest groups; Native American tribes; with your submission. New eFiling potentially affected landowners; other Combined Notice of Filings users must first create an account by interested individuals and groups; and clicking on ‘‘eRegister.’’ You must select newspapers and libraries in the project Take notice that the Commission has the type of filing you are making. If you area. The EA is only available in received the following Natural Gas are filing a comment on a particular electronic format. It may be viewed and Pipeline Rate and Refund Report filings: project, please select ‘‘Comment on a downloaded from the FERC’s website Filing’’; or Filings Instituting Proceedings (www.ferc.gov), on the Environmental (3) You can file a paper copy of your Docket Number: PR19–19–000. Documents page (https://www.ferc.gov/ comments by mailing them to the Applicants: Southern California Gas industries/gas/enviro/eis.asp). In following address. Be sure to reference Company. addition, the EA can be accessed by the project docket number (CP18–506– Description: Tariff filing per using the eLibrary link on the FERC’s 000) with your submission: Kimberly D. 284.123(b),(e)+(g): Offshore Delivery website. Click on the eLibrary link Bose, Secretary, Federal Energy service rate increase filing 11–28 to be (https://www.ferc.gov/docs-filing/ Regulatory Commission, 888 First Street effective 11/28/2018. elibrary.asp), click on General Search, NE, Room 1A, Washington, DC 20426. Filed Date: 11/29/18. and enter the docket number in the Any person seeking to become a party Accession Number: 201811295000. ‘‘Docket Number’’ field, excluding the to the proceeding must file a motion to Comments Due: 5 p.m. ET 12/20/18. last three digits (i.e. CP18–506). Be sure intervene pursuant to Rule 214 of the 284.123(g) Protests Due: 5 p.m. ET 1/ you have selected an appropriate date Commission’s Rules of Practice and 28/19. range. For assistance, please contact Procedures (18 CFR 385.214). Motions Docket Number: PR19–20–000. FERC Online Support at to intervene are more fully described at [email protected] or toll free Applicants: Louisville Gas and http://www.ferc.gov/resources/guides/ Electric Company. at (866) 208–3676, or for TTY, contact how-to/intervene.asp. Only intervenors (202) 502–8659. Description: Tariff filing per have the right to seek rehearing or 284.123(b),(e)/: Revised Statement of Any person wishing to comment on judicial review of the Commission’s the EA may do so. Your comments Operating Conditions Revised TCJA decision. The Commission may grant Surcredit to be effective 12/1/2018. should focus on the EA’s disclosure and affected landowners and others with discussion of potential environmental Filed Date: 11/29/18. environmental concerns intervenor Accession Number: 201811295049. effects, reasonable alternatives, and status upon showing good cause by measures to avoid or lessen Comments/Protests Due: 5 p.m. ET stating that they have a clear and direct 12/20/18. environmental impacts. The more interest in this proceeding which no specific your comments, the more useful other party can adequately represent. Docket Number: PR19–21–000. they would be. To ensure that the Simply filing environmental comments Applicants: Aethon United Pipeline Commission has the opportunity to will not give you intervenor status, but LP. consider your comments prior to you do not need intervenor status to Description: Tariff filing per making its decision on this project, it is have your comments considered. 284.123(b)(2)+(g): Aethon Rate Petition important that your comments are Additional information about the to be effective 12/1/2018. received in Washington, DC on or before projects is available from the Filed Date: 11/30/18. 5:00 p.m. Eastern Time on January 2, Commission’s Office of External Affairs, Accession Number: 201811305025. 2019.1 at (866) 208–FERC, or on the FERC Comments Due: 5 p.m. ET 12/21/18. For your convenience, there are three website (www.ferc.gov) using the 284.123(g) Protests Due: 5 p.m. ET 1/ methods you can use to file your eLibrary link. The eLibrary link also 29/19. comments to the Commission. The provides access to the texts of all formal Docket Numbers: RP19–324–000. Commission encourages electronic filing documents issued by the Commission, Applicants: Algonquin Gas of comments and has staff available to such as orders, notices, and Transmission, LLC. assist you at (866) 208–3676 or rulemakings. Description: § 4(d) Rate Filing: In addition, the Commission offers a Negotiated rate—Yankee to Direct 1 The EA identified the comment period end date free service called eSubscription which Energy 798289 to be effective 11/29/ as December 27, 2018; however, due to a delay in the issuance of the Notice of Availability, the allows you to keep track of all formal 2018. comment period deadline is extended to January 2, issuances and submittals in specific Filed Date: 11/29/18. 2019. dockets. This can reduce the amount of Accession Number: 20181129–5002.

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Comments Due: 5 p.m. ET 12/11/18. Filed Date: 11/29/18. Docket Numbers: RP19–340–000. Docket Numbers: RP19–325–000. Accession Number: 20181129–5106. Applicants: Florida Gas Transmission Applicants: Algonquin Gas Comments Due: 5 p.m. ET 12/11/18. Company, LLC. Transmission, LLC. Docket Numbers: RP19–333–000. Description: § 4(d) Rate Filing: New Description: § 4(d) Rate Filing: Applicants: Colorado Interstate Gas Service Agreement Ascend filed 11–29– Negotiated Rate—Bay to UGI 798295 eff Company, L.L.C. 18 to be effective 12/1/2018. 12–1–18 to be effective 12/1/2018. Description: § 4(d) Rate Filing: LUF Filed Date: 11/29/18. Filed Date: 11/29/18. Quarterly Update Filing to be effective Accession Number: 20181129–5187. Accession Number: 20181129–5037. 1/1/2019. Comments Due: 5 p.m. ET 12/11/18. Comments Due: 5 p.m. ET 12/11/18. Filed Date: 11/29/18. Docket Numbers: RP19–341–000. Docket Numbers: RP19–326–000. Accession Number: 20181129–5107. Applicants: Florida Gas Transmission Applicants: NEXUS Gas Comments Due: 5 p.m. ET 12/11/18. Company, LLC. Transmission, LLC. Docket Numbers: RP19–334–000. Description: § 4(d) Rate Filing: Update Description: § 4(d) Rate Filing: Applicants: Mojave Pipeline Non-Conforming List (Ascend) Filing on Negotiated Rate—CNX to BP Energy Company, L.L.C. 11–29–18 to be effective 12/1/2018. 960023 to be effective 12/1/2018. Description: § 4(d) Rate Filing: Annual Filed Date: 11/29/18. Filed Date: 11/29/18. Fuel and L&U Filing 2019 to be effective Accession Number: 20181129–5190. Accession Number: 20181129–5044. 1/1/2019. Comments Due: 5 p.m. ET 12/11/18. Comments Due: 5 p.m. ET 12/11/18. Filed Date: 11/29/18. Docket Numbers: RP19–342–000. Docket Numbers: RP19–327–000. Accession Number: 20181129–5116. Applicants: El Paso Natural Gas Applicants: NEXUS Gas Comments Due: 5 p.m. ET 12/11/18. Company, L.L.C. Transmission, LLC. Docket Numbers: RP19–335–000. Description: § 4(d) Rate Filing: Description: § 4(d) Rate Filing: Applicants: El Paso Natural Gas Negotiated Rate Agreements Filing Negotiated Rate—BP to BP Canada Company, L.L.C. (ETC, EOG, TRMC Dec 18) to be 960024 to be effective 12/1/2018. Description: § 4(d) Rate Filing: Article effective 12/1/2018. Filed Date: 11/29/18. 11.2(a) Inflation Adjustment Filing 2019 Filed Date: 11/29/18. Accession Number: 20181129–5053. to be effective 1/1/2019. Accession Number: 20181129–5235. Comments Due: 5 p.m. ET 12/11/18. Filed Date: 11/29/18. Comments Due: 5 p.m. ET 12/11/18. Docket Numbers: RP19–328–000. Accession Number: 20181129–5120. Docket Numbers: RP19–343–000. Applicants: Transcontinental Gas Comments Due: 5 p.m. ET 12/11/18. Applicants: Texas Eastern Pipe Line Company, LLC. Docket Numbers: RP19–336–000. Transmission, LP. Description: § 4(d) Rate Filing: Rate Applicants: NEXUS Gas Description: § 4(d) Rate Filing: TETLP Schedule S–2 Tracker Filing (ASA) eff Transmission, LLC. 2018 Rate Case Filing to be effective 1/ 12/1/2018 to be effective 12/1/2018. Description: § 4(d) Rate Filing: 1/2019. Filed Date: 11/29/18. Negotiated Rate—Nextera and Filed Date: 11/30/18. Accession Number: 20181129–5056. Accession Number: 20181130–5003. Comments Due: 5 p.m. ET 12/11/18. ConocoPhillips to be effective 12/1/ 2018. Comments Due: 5 p.m. ET 12/12/18. Docket Numbers: RP19–329–000. Filed Date: 11/29/18. Docket Numbers: RP19–344–000. Applicants: National Fuel Gas Supply Accession Number: 20181129–5127. Applicants: Equitrans, L.P. Corporation. Comments Due: 5 p.m. ET 12/11/18. Description: § 4(d) Rate Filing: Description: Compliance filing Negotiated Rate Agreement—Spire LPS TSCA—Informational Filing (11/29/18). Docket Numbers: RP19–337–000. 12/1/2018 to be effective 12/1/2018. Filed Date: 11/29/18. Applicants: Iroquois Gas Filed Date: 11/30/18. Accession Number: 20181129–5062. Transmission System, L.P. Accession Number: 20181130–5026. Comments Due: 5 p.m. ET 12/11/18. Description: § 4(d) Rate Filing: 112918 Comments Due: 5 p.m. ET 12/12/18. Docket Numbers: RP19–330–000. Negotiated Rates—Twin Eagle Resource Applicants: Young Gas Storage Management, LLC H–7300–89 to be Docket Numbers: RP19–345–000. Company, Ltd. effective 12/1/2018. Applicants: Alliance Pipeline L.P. Description: § 4(d) Rate Filing: Annual Filed Date: 11/29/18. Description: § 4(d) Rate Filing: Hess Reimbursement Percentage Update Accession Number: 20181129–5126. 2019 Tioga Usage Charge Filing to be Filing to be effective 1/1/2019. Comments Due: 5 p.m. ET 12/11/18. effective 1/1/2019. Filed Date: 11/29/18. Docket Numbers: RP19–338–000. Filed Date: 11/30/18. Accession Number: 20181129–5066. Applicants: Sierrita Gas Pipeline LLC. Accession Number: 20181130–5027. Comments Due: 5 p.m. ET 12/11/18. Description: Operational Purchases Comments Due: 5 p.m. ET 12/12/18. Docket Numbers: RP19–331–000. and Sales Report of Sierrita Gas Pipeline Docket Numbers: RP19–346–000. Applicants: El Paso Natural Gas LLC under RP19–338. Applicants: Nautilus Pipeline Company, L.L.C. Filed Date: 11/29/18. Company, L.L.C. Description: § 4(d) Rate Filing: Annual Accession Number: 20181129–5151. Description: § 4(d) Rate Filing: Fuel and L&U Filing 2019 to be effective Comments Due: 5 p.m. ET 12/11/18. Nautilus FT–2 Form of Service 1/1/2019. Docket Numbers: RP19–339–000. modification to be effective 1/1/2019. Filed Date: 11/29/18. Applicants: Chandeleur Pipe Line, Filed Date: 11/30/18. Accession Number: 20181129–5073. LLC, Chandeleur Pipe Line LLC. Accession Number: 20181130–5031. Comments Due: 5 p.m. ET 12/11/18. Description: Fuel and Line Loss Comments Due: 5 p.m. ET 12/12/18. Docket Numbers: RP19–332–000. Allowance Calculation of Chandeleur Docket Numbers: RP19–347–000. Applicants: Dominion Energy Questar Pipe Line, LLC under RP19–339. Applicants: MarkWest Pioneer, L.L.C. Pipeline, LLC. Filed Date: 11/29/18. Description: § 4(d) Rate Filing: Description: § 4(d) Rate Filing: FGRP Accession Number: 20181129–5152. Quarterly Fuel Adjustment Filing to be 2019 to be effective 1/1/2019. Comments Due: 5 p.m. ET 12/11/18. effective 1/1/2019.

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Filed Date: 11/30/18. Comments Due: 5 p.m. ET 12/12/18. Complainants) filed a formal complaint Accession Number: 20181130–5034. The filings are accessible in the against Colonial Pipeline Company Comments Due: 5 p.m. ET 12/12/18. Commission’s eLibrary system by (Respondent) alleging that the Docket Numbers: RP19–348–000. clicking on the links or querying the Respondent’s untarriffed increase of a Applicants: Rover Pipeline LLC. docket number. product loss allocation rate is unlawful Description: § 4(d) Rate Filing: Any person desiring to intervene or under sections 6, 13, and 15 of the ICA, Summary of Negotiated Rate Capacity protest in any of the above proceedings as more fully explained in the Relealse Agreements on 11–30–18 to be must file in accordance with Rules 211 complaint. effective 12/1/2018. and 214 of the Commission’s The Complainants state that a copy of Filed Date: 11/30/18. Regulations (18 CFR 385.211 and the complaint was served on the Accession Number: 20181130–5052. 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 12/12/18. time on the specified date(s). Protests contacts for the Respondent listed on the Commission’s list of Corporate Docket Numbers: RP19–349–000. may be considered, but intervention is Officials. Applicants: NEXUS Gas necessary to become a party to the Transmission, LLC. proceeding. Any person desiring to intervene or to Description: § 4(d) Rate Filing: eFiling is encouraged. More detailed protest this filing must file in Negotiated Rate—Chesapeake to information relating to filing accordance with Rules 211 and 214 of Tenaska 960030 eff 12–1–18 to be requirements, interventions, protests, the Commission’s Rules of Practice and effective 12/1/2018. service, and qualifying facilities filings Procedure (18 CFR 385.211, 385.214). Filed Date: 11/30/18. can be found at: http://www.ferc.gov/ Protests will be considered by the Accession Number: 20181130–5062. docs-filing/efiling/filing-req.pdf. For Commission in determining the Comments Due: 5 p.m. ET 12/12/18. other information, call (866) 208–3676 appropriate action to be taken, but will (toll free). For TTY, call (202) 502–8659. Docket Numbers: RP19–350–000. not serve to make protestants parties to Applicants: Transcontinental Gas Dated: November 30, 2018. the proceeding. Any person wishing to Pipe Line Company, LLC. Nathaniel J. Davis, Sr., become a party must file a notice of Description: Compliance filing 2018 Deputy Secretary. intervention or motion to intervene, as Refund Report—Texas Eastern OFO [FR Doc. 2018–26640 Filed 12–7–18; 8:45 am] appropriate. The Respondent’s answer Penalty Sharing (Rate Schedule S–2). BILLING CODE 6717–01–P and all interventions, or protests must Filed Date: 11/30/18. be filed on or before the comment date. Accession Number: 20181130–5065. The Respondent’s answer, motions to Comments Due: 5 p.m. ET 12/12/18. DEPARTMENT OF ENERGY intervene, and protests must be served Docket Numbers: RP19–351–000. on the Complainants. Applicants: Tennessee Gas Pipeline Federal Energy Regulatory The Commission encourages Company, L.L.C. Commission electronic submission of protests and Description: eTariff filing per 1430: [Docket No. OR19–10–000] Petition for an Extension of Time to File interventions in lieu of paper using the FERC Form 501–G. BP Products North American, Chevron ‘‘eFiling’’ link at http://www.ferc.gov. Filed Date: 11/30/18. Products Company, Epsilon Trading, Persons unable to file electronically Accession Number: 20181130–5076. LLC, Phillips 66 Company, Southwest should submit an original and 5 copies Comments Due: 5 p.m. ET 12/4/18. Airlines Co., Trafigura Trading LLC, of the protest or intervention to the Docket Numbers: RP19–352–000. TCPU, Inc., United Aviation Fuels Federal Energy Regulatory Commission, Applicants: Sea Robin Pipeline Corporation, Valero Marketing and 888 First Street NE, Washington, DC Company, LLC. Supply Company v. Colonial Pipeline 20426. Description: § 4(d) Rate Filing: Sea Company; Notice of Complaint This filing is accessible online at Robin Section 4 Rate Case to be effective Take notice that on November 30, http://www.ferc.gov, using the 1/1/2019. 2018, pursuant to sections 6(1), 6(3), ‘‘eLibrary’’ link and is available for Filed Date: 11/30/18. 6(7), 13(1), 15(1), and 15(7) of the electronic review in the Commission’s Accession Number: 20181130–5078. Interstate Commerce Act (ICA),1 Rules Public Reference Room in Washington, Comments Due: 5 p.m. ET 12/12/18. 341, 342, and 343 of the Federal Energy DC. There is an ‘‘eSubscription’’ link on Docket Numbers: RP19–353–000. Regulatory Commission’s (Commission) the website that enables subscribers to Applicants: Transcontinental Gas Rules Applicable to Oil Pipeline receive email notification when a Pipe Line Company, LLC. Proceedings,2 and Rules 206, 207(a)(5), document is added to a subscribed Description: § 4(d) Rate Filing: 209, and 211 of the Commission’s Rule docket(s). For assistance with any FERC Negotiated Rates—Cherokee AGL— of Practice and Procedure,3 BP Products Online service, please email Replacement Shippers—Dec 2018 to be North America, Inc., Chevron Products [email protected], or call effective 12/1/2018. Company, Epsilon Trading, LLC, (866) 208–3676 (toll free). For TTY, call Filed Date: 11/30/18. Phillips 66 Company, Southwest (202) 502–8659. Accession Number: 20181130–5081. Airlines Co., Trafigura Trading LLC, Comments Due: 5 p.m. ET 12/12/18. TCPU, Inc., United Aviation Fuels Comment Date: 5 p.m. Eastern Time on December 31, 2018. Docket Numbers: RP19–354–000. Corporation, and Valero Marketing and Applicants: Kern River Gas Supply Company (collectively, Dated: December 3, 2018. Transmission Company. Kimberly D. Bose, 1 Description: § 4(d) Rate Filing: 2018 49 U.S.C. App. 6(1), 6(3), 6(7), 13(1), 15(1), and Secretary. December Negotiated Rate Amendment 15(7) (1988). 2 18 CFR 341.2, 341.8, 341.11, 342.1(b), 343.3, and [FR Doc. 2018–26662 Filed 12–7–18; 8:45 am] to be effective 12/1/2018. 343.4 (2018). BILLING CODE 6717–01–P Filed Date: 11/30/18. 3 18 CFR 341.2, 341.8, 341.11, 342.1(b), 343.3, and Accession Number: 20181130–5113. 343.4 (2018).

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DEPARTMENT OF ENERGY Description: § 4(d) Rate Filing: Fuel Accession Number: 20181130–5276. Gas Reimbursement Mechanism Update Comments Due: 5 p.m. ET 12/12/18. Federal Energy Regulatory to be effective 1/1/2019. Docket Numbers: RP19–367–000. Commission Filed Date: 11/30/18. Applicants: Tennessee Gas Pipeline Accession Number: 20181130–5165. Company, L.L.C. Combined Notice of Filings Comments Due: 5 p.m. ET 12/12/18. Description: § 4(d) Rate Filing: Take notice that the Commission has Docket Numbers: RP19–360–000. Volume No. 2—Corpus Christi received the following Natural Gas Applicants: Transcontinental Gas Liquefaction, LLC SP309057 to be Pipeline Rate and Refund Report filings: Pipe Line Company, LLC. effective 1/1/2019. Description: § 4(d) Rate Filing: Non- Filed Date: 11/30/18. Filings Instituting Proceedings Conforming—Gulf Connector to be Accession Number: 20181130–5280. Docket Numbers: RP19–262–001. effective 1/1/2019. Comments Due: 5 p.m. ET 12/12/18. Applicants: Hardy Storage Company, Filed Date: 11/30/18. Docket Numbers: RP19–368–000. LLC. Accession Number: 20181130–5167. Applicants: Tennessee Gas Pipeline Description: Compliance filing Hardy Comments Due: 5 p.m. ET 12/12/18. Company, L.L.C. Storage 501–G Settlement Docket Numbers: RP19–361–000. Description: § 4(d) Rate Filing: Implementation to be effective 1/1/2019. Applicants: Rager Mountain Storage Volume No. 2—Sequent Energy Filed Date: 11/30/18. Company LLC. Management, L.P SP343212 to be Accession Number: 20181130–5200. Description: § 4(d) Rate Filing: effective 1/1/2019. Comments Due: 5 p.m. ET 12/12/18. RMSC’s Clean-Up Filing—Nov 2018 to Filed Date: 11/30/18. Docket Numbers: RP19–294–001. be effective 12/31/2018. Accession Number: 20181130–5281. Applicants: Centra Pipelines Filed Date: 11/30/18. Comments Due: 5 p.m. ET 12/12/18. Minnesota Inc. Accession Number: 20181130–5168. Docket Numbers: RP19–369–000. Description: eTariff filing per 1430: Comments Due: 5 p.m. ET 12/12/18. Applicants: Columbia Gas Form 501G Filing. Docket Numbers: RP19–362–000. Transmission, LLC. Filed Date: 11/30/18. Applicants: NEXUS Gas Description: § 4(d) Rate Filing: Index Accession Number: 20181130–5092. Transmission, LLC. of Market Areas—Mountaineer XPress Comments Due: 5 p.m. ET 12/12/18. Description: § 4(d) Rate Filing: West of to be effective 12/30/2018. Docket Numbers: RP19–355–000. Milford Surcharge Reduction to be Filed Date: 11/30/18. Applicants: Equitrans, L.P. effective 12/1/2018. Accession Number: 20181130–5284. Description: § 4(d) Rate Filing: Filed Date: 11/30/18. Comments Due: 5 p.m. ET 12/12/18. Equitrans Clean Up Filing—Nov 2018 to Accession Number: 20181130–5176. Docket Numbers: RP19–370–000. be effective 12/31/2018. Comments Due: 5 p.m. ET 12/12/18. Applicants: Gas Transmission Filed Date: 11/30/18. Accession Number: 20181130–5144. Docket Numbers: RP19–363–000. Northwest LLC. Comments Due: 5 p.m. ET 12/12/18. Applicants: Rockies Express Pipeline Description: Compliance filing LLC. Compliance to RP15–904–001 Docket Numbers: RP19–356–000. Description: § 4(d) Rate Filing: Neg (Implement 501–G Settlement) to be Applicants: Gulf South Pipeline Rate 2018–11–30 E2W (7) to be effective effective 1/1/2019. Company, LP. 12/1/2018. Filed Date: 11/30/18. Description: § 4(d) Rate Filing: Cap Filed Date: 11/30/18. Accession Number: 20181130–5288. Rel Neg Rate Agmt (Petrohawk 41455 to Accession Number: 20181130–5212. Comments Due: 5 p.m. ET 12/12/18. BP 50287) to be effective 12/1/2018. Comments Due: 5 p.m. ET 12/12/18. Filed Date: 11/30/18. Docket Numbers: RP19–371–000. Accession Number: 20181130–5149. Docket Numbers: RP19–364–000. Applicants: Columbia Gas Comments Due: 5 p.m. ET 12/12/18. Applicants: Equitrans, L.P. Transmission, LLC. Docket Numbers: RP19–357–000. Description: § 4(d) Rate Filing: Description: § 4(d) Rate Filing: TCO Applicants: Southern Star Central Gas Negotiated Rate Agreement—Revised MXP Neg Rate and NC Agreements to be Pipeline, Inc. EQT Energy FTS Agreement to be effective 12/30/2018. Description: § 4(d) Rate Filing: Vol. effective 12/1/2018. Filed Date: 11/30/18. 2—Non-Conforming Rate Agreement— Filed Date: 11/30/18. Accession Number: 20181130–5295. Empire District Electric Company to be Accession Number: 20181130–5262. Comments Due: 5 p.m. ET 12/12/18. effective 12/1/2018. Comments Due: 5 p.m. ET 12/12/18. Docket Numbers: RP19–372–000. Filed Date: 11/30/18. Docket Numbers: RP19–365–000. Applicants: Columbia Gulf Accession Number: 20181130–5154. Applicants: Tennessee Gas Pipeline Transmission, LLC. Comments Due: 5 p.m. ET 12/12/18. Company, L.L.C. Description: § 4(d) Rate Filing: GXP Docket Numbers: RP19–358–000. Description: Compliance filing Neg Rate NC Agreements Filing to be Applicants: Gulf South Pipeline Cashout Report 2017–2018 to be effective 12/30/2018. Company, LP. effective N/A. Filed Date: 11/30/18. Description: § 4(d) Rate Filing: Cap Filed Date: 11/30/18. Accession Number: 20181130–5306. Rel Neg Rate Agmts (Atlanta Gas 8438 Accession Number: 20181130–5270. Comments Due: 5 p.m. ET 12/12/18. to various eff 12–1–2018) to be effective Comments Due: 5 p.m. ET 12/12/18. Docket Numbers: RP19–373–000. 12/1/2018. Docket Numbers: RP19–366–000. Applicants: El Paso Natural Gas Filed Date: 11/30/18. Applicants: Northern Natural Gas Company, L.L.C. Accession Number: 20181130–5157. Company. Description: § 4(d) Rate Filing: Comments Due: 5 p.m. ET 12/12/18. Description: § 4(d) Rate Filing: Negotiated Rate Agreement Update Docket Numbers: RP19–359–000. 20181130 Negotiated Rate to be effective (Conoco Dec 2018–Feb 2019) to be Applicants: TransColorado Gas 12/1/2018. effective 12/1/2018. Transmission Company LLC. Filed Date: 11/30/18. Filed Date: 11/30/18.

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Accession Number: 20181130–5307. instant notice identifies the FERC staff’s at (866) 208–FERC or on the FERC Comments Due: 5 p.m. ET 12/12/18. planned schedule for the completion of website (www.ferc.gov). Using the The filings are accessible in the the EA for the Project. ‘‘eLibrary’’ link, select ‘‘General Search’’ from the eLibrary menu, enter the Commission’s eLibrary system by Schedule for Environmental Review clicking on the links or querying the selected date range and ‘‘Docket docket number. Issuance of EA January 25, 2019 Number’’ excluding the last three digits Any person desiring to intervene or 90-Day Federal Authorization Decision (i.e., CP18–533), and follow the protest in any of the above proceedings Deadline April 25, 2019 instructions. For assistance with access must file in accordance with Rules 211 If a schedule change becomes to eLibrary, the helpline can be reached and 214 of the Commission’s necessary, additional notice will be at (866) 208–3676, TTY (202) 502–8659, Regulations (18 CFR 385.211 and provided so that the relevant agencies or at [email protected]. The 385.214) on or before 5:00 p.m. Eastern are kept informed of the Project’s eLibrary link on the FERC website also time on the specified comment date. progress. provides access to the texts of formal Protests may be considered, but Project Description documents issued by the Commission, intervention is necessary to become a such as orders, notices, and rule Texas Eastern proposes to abandon a party to the proceeding. makings. portion of its Line 1–N lateral and eFiling is encouraged. More detailed Dated: November 30, 2018. information relating to filing related facilities in Harrison and Marion Counties, Texas. Specifically, Texas Kimberly D. Bose, requirements, interventions, protests, Secretary. service, and qualifying facilities filings Eastern is requesting approval to can be found at: http://www.ferc.gov/ abandon in place and by removal a total [FR Doc. 2018–26663 Filed 12–7–18; 8:45 am] docs-filing/efiling/filing-req.pdf. For of approximately 30 miles of 8-inch, 10- BILLING CODE 6717–01–P other information, call (866) 208–3676 inch, and 12-inch-diameter lateral (toll free). For TTY, call (202) 502–8659. pipeline; abandon by removal all of the facilities at Metering and Regulating DEPARTMENT OF ENERGY Dated: December 3, 2018. Station 70191; and abandon by removal Nathaniel J. Davis, Sr., all aboveground appurtenances on each Federal Energy Regulatory Deputy Secretary. of the 8-inch, 10-inch and 12-inch- Commission [FR Doc. 2018–26642 Filed 12–7–18; 8:45 am] diameter pipeline segments. [Docket No. ER19–426–000] BILLING CODE 6717–01–P Background Supplemental Notice That Initial On September 6, 2018, the Market-Based Rate Filing Includes DEPARTMENT OF ENERGY Commission issued a Notice of Intent to Request for Blanket Section 204 Prepare an Environmental Assessment Authorization; LUZ Solar Partners VIII, Federal Energy Regulatory for the Proposed Line 1–N Ltd. Commission Abandonment Project and Request for This is a supplemental notice in the [Docket No. CP18–533–000] Comments on Environmental Issues (NOI). The NOI was sent to affected above-referenced proceeding of LUZ Texas Eastern Transmission, LP; landowners; federal, state, and local Solar Partners VIII, Ltd.’s application for Notice of Schedule for Environmental government agencies; elected officials; market-based rate authority, with an Review of the Line 1–N Abandonment Native American tribes; other interested accompanying rate tariff, noting that Project parties; and local libraries and such application includes a request for newspapers. In response to the NOI, the blanket authorization, under 18 CFR On July 24, 2018, Texas Eastern Commission received comments from part 34, of future issuances of securities Transmission, LP filed an application in two landowners, and a landowner’s and assumptions of liability. Docket No. CP18–533–000 requesting to legal representative. The primary issues Any person desiring to intervene or to discontinue natural gas service and raised by the commentors are concerns protest should file with the Federal abandon natural gas pipelines and regarding exposed and damaged Energy Regulatory Commission, 888 aboveground facilities pursuant to pipeline, pipeline contamination, and First Street NE, Washington, DC 20426, section 7(b) of the Natural Gas Act and impacts of abandoning the pipeline in in accordance with Rules 211 and 214 Part 157 of the Commission’s place. All substantive comments will be of the Commission’s Rules of Practice regulations. The proposed project is addressed in the EA. and Procedure (18 CFR 385.211 and known as the Line 1–N Abandonment 385.214). Anyone filing a motion to Project (Project), and would abandon a Additional Information intervene or protest must serve a copy portion of the Line 1–N lateral and In order to receive notification of the of that document on the Applicant. related facilities in Harrison and Marion issuance of the EA and to keep track of Notice is hereby given that the Counties, Texas. all formal issuances and submittals in deadline for filing protests with regard On August 7, 2018, the Federal specific dockets, the Commission offers to the applicant’s request for blanket Energy Regulatory Commission a free service called eSubscription. This authorization, under 18 CFR part 34, of (Commission or FERC) issued its Notice can reduce the amount of time you future issuances of securities and of Application for the Project. Among spend researching proceedings by assumptions of liability, is December 24, other things, that notice alerted agencies automatically providing you with 2018. issuing federal authorizations of the notification of these filings, document The Commission encourages requirement to complete all necessary summaries, and direct links to the electronic submission of protests and reviews and to reach a final decision on documents. Go to www.ferc.gov/docs- interventions in lieu of paper, using the a request for a federal authorization filing/esubscription.asp. FERC Online links at http:// within 90 days of the date of issuance Additional information about the www.ferc.gov. To facilitate electronic of the Commission staff’s Environmental Project is available from the service, persons with internet access Assessment (EA) for the Project. This Commission’s Office of External Affairs who will eFile a document and/or be

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listed as a contact for an intervenor Description: Compliance filing: Filed Date: 11/29/18. must create and validate an Compliance Filing—Desert Link to be Accession Number: 20181129–5198. eRegistration account using the effective 11/30/2018. Comments Due: 5 p.m. ET 12/20/18. eRegistration link. Select the eFiling Filed Date: 11/30/18. Docket Numbers: ER19–431–000. link to log on and submit the Accession Number: 20181130–5238. Applicants: NSTAR Electric intervention or protests. Comments Due: 5 p.m. ET 12/21/18. Company. Persons unable to file electronically Docket Numbers: ER18–169–000. Description: § 205(d) Rate Filing: should submit an original and 5 copies Applicants: Southern California Distribution Service Agreement between of the intervention or protest to the Edison Company. NSTAR Electric Co. and MATEP LLC to Federal Energy Regulatory Commission, Description: Informational Filing of be effective 1/30/2019. 888 First Street NE, Washington, DC Notice of Revision to Formula Filed Date: 11/29/18. 20426. Transmission Rate Annual Update of Accession Number: 20181129–5219. The filings in the above-referenced Southern California Edison Company. Comments Due: 5 p.m. ET 12/20/18. proceeding are accessible in the Filed Date: 11/29/18. Docket Numbers: ER19–432–000. Commission’s eLibrary system by Accession Number: 20181129–5272. Applicants: Pacific Gas and Electric clicking on the appropriate link in the Comments Due: 5 p.m. ET 12/20/18. Company. above list. They are also available for Docket Numbers: ER18–459–004. Description: § 205(d) Rate Filing: electronic review in the Commission’s Applicants: Ohio Valley Electric PG&E Coyote Valley Energy Storage Public Reference Room in Washington, Corporation, PJM Interconnection, SGIA (SA 407) to be effective 1/30/2019. DC. There is an eSubscription link on L.L.C. Filed Date: 11/30/18. the website that enables subscribers to Description: Compliance filing: PJM Accession Number: 20181130–5000. receive email notification when a and OVEC submit revisions to the Comments Due: 5 p.m. ET 12/21/18. document is added to a subscribed OATT re: OVEC Zones Trans. Rate Docket Numbers: ER19–433–000. docket(s). For assistance with any FERC Update to be effective 12/1/2018. Applicants: Union Electric Company. Online service, please email Filed Date: 11/30/18. Description: § 205(d) Rate Filing: [email protected] or call Accession Number: 20181130–5032. Revised Reactive Rate Schedule 22 to be (866) 208–3676 (toll free). For TTY, call Comments Due: 5 p.m. ET 12/21/18. effective 12/1/2018. (202) 502–8659. Docket Numbers: ER18–2208–001. Filed Date: 11/30/18. Dated: December 3, 2018. Applicants: New England Power Pool Accession Number: 20181130–5001. Nathaniel J. Davis, Sr., Participants Committee. Comments Due: 5 p.m. ET 12/21/18. Deputy Secretary. Description: Tariff Amendment: Docket Numbers: ER19–433–001. 132nd Agreement Deficiency Letter [FR Doc. 2018–26643 Filed 12–7–18; 8:45 am] Applicants: Union Electric Company. Response to be effective 11/1/2018. Description: Tariff Amendment: BILLING CODE 6717–01–P Filed Date: 11/30/18. Amended Reactive Rate Schedule 22 to Accession Number: 20181130–5282. be effective 12/1/2018. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 12/21/18. Filed Date: 11/30/18. Docket Numbers: ER19–151–000. Accession Number: 20181130–5173. Federal Energy Regulatory Applicants: MATL LLP. Comments Due: 5 p.m. ET 12/21/18. Commission Description: Report Filing: Docket Numbers: ER19–434–000. Supplement to Open Solicitation Filing Applicants: Steamboat Hills LLC. Combined Notice of Filings #1 to be effective N/A. Description: § 205(d) Rate Filing: Filed Date: 11/29/18. Take notice that the Commission Revisions to Market-Based Rate Tariff Accession Number: 20181129–5196. (Steamboat Hills LLC) to be effective 1/ received the following electric rate Comments Due: 5 p.m. ET 12/20/18. filings: 30/2019. Docket Numbers: ER10–3307–004. Docket Numbers: ER19–158–001. Filed Date: 11/30/18. Applicants: NRG Energy Center Dover Applicants: Ambit Northeast, LLC. Accession Number: 20181130–5054. LLC. Description: Tariff Amendment: Comments Due: 5 p.m. ET 12/21/18. Description: Compliance filing: Ambit Northeast LLC Amended MBR Docket Numbers: ER19–435–000. Compliance Filing of Reactive Power Application to be effective 10/22/2018. Applicants: ORNI 47 LLC. Rate Schedule to be effective 5/9/2018. Filed Date: 11/30/18. Description: § 205(d) Rate Filing: Filed Date: 11/30/18. Accession Number: 20181130–5272. Revisions to Market-Based Rate Tariff Accession Number: 20181130–5147. Comments Due: 5 p.m. ET 12/21/18. (ORNI 47 LLC) to be effective 1/30/2019. Comments Due: 5 p.m. ET 12/21/18. Docket Numbers: ER19–429–000. Filed Date: 11/30/18. Docket Numbers: ER12–1933–009; Applicants: Mid-Atlantic Interstate Accession Number: 20181130–5057. ER12–1934–008. Transmission, LLC, PJM Comments Due: 5 p.m. ET 12/21/18. Applicants: Interstate Power and Interconnection, L.L.C. Docket Numbers: ER19–436–000. Light Company, Wisconsin Power and Description: § 205(d) Rate Filing: Applicants: ORNI 43 LLC. Light Company. MAIT submits OIA SA No. 4577 to be Description: § 205(d) Rate Filing: Description: Second Supplement to effective 1/29/2019. Revisions to Market-Based Rate Tariff June 29, 2018 Updated Triennial Market Filed Date: 11/29/18. (ORNI 43 LLC) to be effective 1/30/2019. Power analysis for the Central region of Accession Number: 20181129–5197. Filed Date: 11/30/18. Interstate Power and Light Company, et. Comments Due: 5 p.m. ET 12/20/18. Accession Number: 20181130–5063. al. Docket Numbers: ER19–430–000. Comments Due: 5 p.m. ET 12/21/18. Filed Date: 11/30/18. Applicants: Enel Green Power Docket Numbers: ER19–437–000. Accession Number: 20181130–5210. Hilltopper Wind, LLC. Applicants: ORNI 39 LLC. Comments Due: 5 p.m. ET 12/21/18. Description: Compliance filing: Notice Description: § 205(d) Rate Filing: Docket Numbers: ER17–135–007. of Non-Material Change in Status to be Revisions to Market-Based Rate Tariff Applicants: DesertLink, LLC. effective 11/30/2018. (ORNI 39 LLC) to be effective 1/30/2019.

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Filed Date: 11/30/18. Description: Tariff Cancellation: Accession Number: 20181130–5257. Accession Number: 20181130–5064. Notice of Cancellation to be effective 12/ Comments Due: 5 p.m. ET 12/21/18. Comments Due: 5 p.m. ET 12/21/18. 1/2018. Docket Numbers: ER19–452–000. Docket Numbers: ER19–438–000. Filed Date: 11/30/18. Applicants: Pacific Gas and Electric Applicants: ORNI 37 LLC. Accession Number: 20181130–5164. Company. Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 12/21/18. Description: § 205(d) Rate Filing: Revisions to Market-Based Rate Tariff Docket Numbers: ER19–446–000. November 2018 Western WDT Service (ORNI 37 LLC) to be effective 1/30/2019. Applicants: New England Power Pool Agreement Biannual Filing to be Filed Date: 11/30/18. Participants Committee. effective 2/1/2019. Accession Number: 20181130–5066. Description: § 205(d) Rate Filing: Filed Date: 11/30/18. Comments Due: 5 p.m. ET 12/21/18. December 2018 Membership Filing to be Accession Number: 20181130–5264. Docket Numbers: ER19–439–000. effective 11/1/2018. Comments Due: 5 p.m. ET 12/21/18. Applicants: ORNI 14 LLC. Filed Date: 11/30/18. Docket Numbers: ER19–453–000. Description: § 205(d) Rate Filing: Accession Number: 20181130–5166. Applicants: Southwest Power Pool, Revisions to Market-Based Rate Tariff Comments Due: 5 p.m. ET 12/21/18. Inc. (ORNI 14 LLC) to be effective 1/30/2019. Docket Numbers: ER19–447–000. Description: § 205(d) Rate Filing: MA Filed Date: 11/30/18. Applicants: ISO New England Inc., Amendments for Mor-Gran-Sou Electric Accession Number: 20181130–5071. New England Power Pool Participants Cooperative, Inc. to be effective 11/19/ Comments Due: 5 p.m. ET 12/21/18. Committee. 2018. Docket Numbers: ER19–440–000. Description: ISO New England Inc., et Filed Date: 11/30/18. Applicants: Ormesa LLC. al. submits Installed Capacity Accession Number: 20181130–5279. Description: § 205(d) Rate Filing: Requirement, Hydro Quebec Comments Due: 5 p.m. ET 12/21/18. Revisions to Market-Based Rate Tariff Interconnection Capability Credits and The filings are accessible in the (Ormesa LLC) to be effective 1/30/2019. Related Values for the 2019/2020, et al. Commission’s eLibrary system by Filed Date: 11/30/18. Annual Reconfiguration Auction. clicking on the links or querying the Accession Number: 20181130–5072. Filed Date: 11/30/18. Comments Due: 5 p.m. ET 12/21/18. docket number. Accession Number: 20181130–5169. Any person desiring to intervene or Docket Numbers: ER19–441–000. Comments Due: 5 p.m. ET 12/21/18. protest in any of the above proceedings Applicants: ONGP LLC. Docket Numbers: ER19–448–000. must file in accordance with Rules 211 Description: § 205(d) Rate Filing: Applicants: Appalachian Power and 214 of the Commission’s Revisions to Market-Based Rate Tariff Company. Regulations (18 CFR 385.211 and (ONGP LLC) to be effective 1/30/2019. Description: § 205(d) Rate Filing: 385.214) on or before 5:00 p.m. Eastern Filed Date: 11/30/18. time on the specified comment date. Accession Number: 20181130–5073. OATT-Revise Attachment K, AEP Texas Protests may be considered, but Comments Due: 5 p.m. ET 12/21/18. Inc. Rate Update to be effective 12/31/ 9998. intervention is necessary to become a Docket Numbers: ER19–442–000. Filed Date: 11/30/18. party to the proceeding. Applicants: Mammoth Three LLC. Accession Number: 20181130–5237. eFiling is encouraged. More detailed Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 12/21/18. information relating to filing Revisions to Market-Based Rate Tariff requirements, interventions, protests, (Mammoth Three LLC) to be effective 1/ Docket Numbers: ER19–449–000. Applicants: ISO New England Inc., service, and qualifying facilities filings 30/2019. can be found at: http://www.ferc.gov/ Filed Date: 11/30/18. New England Power Pool Participants docs-filing/efiling/filing-req.pdf. For Accession Number: 20181130–5075. Committee. other information, call (866) 208–3676 Comments Due: 5 p.m. ET 12/21/18. Description: § 205(d) Rate Filing: (toll free). For TTY, call (202) 502–8659. Docket Numbers: ER19–443–000. ISO–NE and NEPOOL; Revisions to Applicants: Heber Geothermal Clarify Treatment of Retiring Resources Dated: November 30, 2018. Company LLC. to be effective 1/29/2019. Nathaniel J. Davis, Sr., Description: § 205(d) Rate Filing: Filed Date: 11/30/18. Deputy Secretary. Revisions to Market-Based Rate Tariff Accession Number: 20181130–5247. [FR Doc. 2018–26639 Filed 12–7–18; 8:45 am] Comments Due: 5 p.m. ET 12/21/18. (Heber Geothermal Company LLC) to be BILLING CODE P effective 1/30/2019. Docket Numbers: ER19–450–000. Filed Date: 11/30/18. Applicants: Southwest Power Pool, Accession Number: 20181130–5077. Inc. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 12/21/18. Description: § 205(d) Rate Filing: Docket Numbers: ER19–444–000. 3396R1 Otter Tail Power Company Federal Energy Regulatory Applicants: ISO New England Inc., NITSA and NOA to be effective 2/1/ Commission New England Power Pool Participants 2019. Filed Date: 11/30/18. Commission Information Collection Committee. Activities (FERC–725K); Comment Description: § 205(d) Rate Filing: Accession Number: 20181130–5253. Request; Extension ISO–NE and NEPOOL; Conforming Comments Due: 5 p.m. ET 12/21/18. Changes to ISO Tariff for CASPR to be Docket Numbers: ER19–451–000. AGENCY: Federal Energy Regulatory effective 1/29/2019. Applicants: Pacific Gas and Electric Commission, Department of Energy. Filed Date: 11/30/18. Company. ACTION: Notice of information collection Accession Number: 20181130–5103. Description: § 205(d) Rate Filing: and request for comments. Comments Due: 5 p.m. ET 12/21/18. November 2018 Western Docket Numbers: ER19–445–000. Interconnection Agreement Biannual SUMMARY: In compliance with the Applicants: Ohio Valley Electric Filing to be effective 2/1/2019. requirements of the Paperwork Corporation. Filed Date: 11/30/18. Reduction Act of 1995, the Federal

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Energy Regulatory Commission OMB Control No.: 1902–0260. Reliability Standard is just, reasonable, (Commission or FERC) is soliciting Type of Request: Three-year extension not unduly discriminatory or public comment on the currently of the FERC–725K information preferential, and in the public interest. approved information collection, FERC– collection requirements with no changes In turn, the Commission must give ‘‘due 725K (Mandatory Reliability Standards to the current reporting requirements. weight’’ to the technical expertise of for the SERC Region). Abstract: Section 215 of the Federal NERC and of a Regional Entity DATES: Comments on the collection of Power Act (FPA) requires a organized on an interconnection-wide information are due February 8, 2019. Commission-certified Electric basis. Reliability Organization (ERO) to ADDRESSES: You may submit comments On April 19, 2007, the Commission (identified by Docket No. IC19–9–000) develop mandatory and enforceable Reliability Standards, which are subject accepted delegation agreements between by either of the following methods: NERC and each of the eight Regional • eFiling at Commission’s website: to Commission review and approval. Entities. In the order, the Commission http://www.ferc.gov/docs-filing/ Once approved, the Reliability efiling.asp. Standards may be enforced by NERC, accepted SERC as a Regional Entity • Mail/Hand Delivery/Courier: subject to Commission oversight, or by organized on less than an Federal Energy Regulatory Commission, the Commission independently. interconnection-wide basis. As a Secretary of the Commission, 888 First Reliability Standards that NERC Regional Entity, SERC oversees Bulk- Street NE, Washington, DC 20426. proposes to the Commission may Power System reliability within the Instructions: All submissions must be include Reliability Standards that are SERC Region, which covers a formatted and filed in accordance with proposed by a Regional Entity to be geographic area of approximately submission guidelines at: http:// effective in that region. In Order No. 560,000 square miles in a sixteen-state www.ferc.gov/help/submission- 672, the Commission noted that: area in the southeastern and central guide.asp. For user assistance contact As a general matter, we will accept the United States (all of Missouri, Alabama, FERC Online Support by email at following two types of regional differences, Tennessee, North Carolina, South [email protected], or by phone provided they are otherwise just, reasonable, Carolina, Georgia, Mississippi, and at: (866) 208–3676 (toll-free), or (202) not unduly discriminatory or preferential and portions of Iowa, Illinois, Kentucky, in the public interest, as required under the 502–8659 for TTY. Virginia, Oklahoma, Arkansas, Docket: Users interested in receiving statute: (1) A regional difference that is more stringent than the continent-wide Reliability Louisiana, Texas and Florida). The automatic notification of activity in this Standard, including a regional difference that SERC Region is currently geographically docket or in viewing/downloading addresses matters that the continent-wide divided into five subregions that are comments and issuances in this docket Reliability Standard does not; and (2) a identified as Southeastern, Central, may do so at http://www.ferc.gov/docs- regional Reliability Standard that is VACAR, Delta, and Gateway. filing/docs-filing.asp. necessitated by a physical difference in the Type of Respondents: Entities FOR FURTHER INFORMATION CONTACT: Bulk-Power System. Ellen Brown may be reached by email When NERC reviews a regional registered with the North American at [email protected], telephone Reliability Standard that would be Electric Reliability Corporation (within at (202) 502–8663, and fax at (202) 273– applicable on an interconnection-wide the SERC region). 0873. basis and that has been proposed by a Estimate of Annual Burden: 1 The SUPPLEMENTARY INFORMATION: Regional Entity organized on an Commission estimates the annual Title: Mandatory Reliability Standards interconnection-wide basis, NERC must reporting burden and cost for the for the SERC Region. rebuttably presume that the regional information collection as:

FERC–725K—MANDATORY RELIABILITY STANDARD FOR THE SERC REGION

Annual num- Average Total annual Cost per Number of ber of Total number burden and burden hours respondent respondents responses per of responses cost per and total ($) respondent response 2 annual cost

(1) (2) (1) * (2) = (3) (4) (3) * (4) = ( 5) (5) ÷ (1)

PCs: Design and Document Automatic UFLS Program ...... 3 21 1 21 8 168 $535.20 $535.20 $11,239.20 PCs: Provide Documentation and Data to SERC ...... 3 21 1 21 16 336 1,070.40 $1,070.40 $22,478.40 GOs: Provide Documentation and Data to SERC ...... 4 104 1 104 16 1,664 1,070.40 $1,070.40 $111,321.60 GOs: Record Retention ...... 4 104 1 104 4 416 267.60 $267.60 $27,830.40

Total ...... 125 ...... 2,584 2,943.60 $172,869.60

1 ‘‘Burden’’ is defined as the total time, effort, or information to or for a Federal agency. For further collection burden, reference 5 Code of Federal financial resources expended by persons to explanation of what is included in the information Regulations 1320.3. generate, maintain, retain, or disclose or provide

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Comments: Comments are invited on: NYISO Business Issues Committee DEPARTMENT OF ENERGY (1) Whether the collection of Meeting information is necessary for the proper Federal Energy Regulatory performance of the functions of the December 12, 2018, 10 a.m.–4 p.m. Commission (EST) Commission, including whether the [Docket No. ER19–461–000] information will have practical utility; The above-referenced meeting will be (2) the accuracy of the agency’s estimate via web conference and teleconference. Supplemental Notice That Initial of the burden and cost of the collection Market-Based Rate Filing Includes of information, including the validity of The above-referenced meeting is open Request for Blanket Section 204 the methodology and assumptions used; to stakeholders. Authorization; Wheelabrator Concord (3) ways to enhance the quality, utility Further information may be found at: Company, L.P. and clarity of the information collection; http://www.nyiso.com/public/ and (4) ways to minimize the burden of This is a supplemental notice in the committees/documents.jsp?com= above-referenced proceeding of the collection of information on those bic&directory=2018-12-12. who are to respond, including the use Wheelabrator Concord Company, L.P.’s of automated collection techniques or NYISO Operating Committee Meeting application for market-based rate other forms of information technology. authority, with an accompanying rate December 13, 2018, 10 a.m.–4 p.m. tariff, noting that such application Dated: November 30, 2018. (EST) includes a request for blanket Kimberly D. Bose, authorization, under 18 CFR part 34, of The above-referenced meeting will be future issuances of securities and Secretary. via web conference and teleconference. [FR Doc. 2018–26664 Filed 12–7–18; 8:45 am] assumptions of liability. The above-referenced meeting is open Any person desiring to intervene or to BILLING CODE 6717–01–P to stakeholders. protest should file with the Federal Further information may be found at: Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY http://www.nyiso.com/public/ First Street NE, Washington, DC 20426, committees/documents.jsp? in accordance with Rules 211 and 214 of the Commission’s Rules of Practice Federal Energy Regulatory com=oc&directory=2018-12-13. Commission and Procedure (18 CFR 385.211 and NYISO Management Committee 385.214). Anyone filing a motion to Notice of Commission Staff Meeting intervene or protest must serve a copy Attendance of that document on the Applicant. December 19, 2018, 10 a.m.–4 p.m. Notice is hereby given that the December 3, 2018. (EST) deadline for filing protests with regard to the applicant’s request for blanket The Federal Energy Regulatory The above-referenced meeting will be authorization, under 18 CFR part 34, of Commission (Commission) hereby gives via web conference and teleconference. notice that members of the future issuances of securities and The above-referenced meeting is open Commission’s staff may attend the assumptions of liability, is December 24, following meetings related to the to stakeholders. 2018. transmission planning activities of the Further information may be found at: The Commission encourages New York Independent System http://www.nyiso.com/public/ electronic submission of protests and Operator, Inc. (NYISO): committees/documents.jsp?com= interventions in lieu of paper, using the mc&directory=2018-12-19. FERC Online links at http:// NYISO Electric System Planning www.ferc.gov. To facilitate electronic Working Group and Transmission The discussions at the meetings service, persons with internet access Planning Advisory Meeting described above may address matters at who will eFile a document and/or be issue in the following proceedings: listed as a contact for an intervenor December 4, 2018, 10 a.m.–4 p.m. (EST) New York Independent System must create and validate an The above-referenced meeting will be Operator, Inc., Docket No. ER15–2059. eRegistration account using the eRegistration link. Select the eFiling via web conference and teleconference. New York Independent System link to log on and submit the The above-referenced meeting is open Operator, Inc., Docket No. ER17–2327. intervention or protests. to stakeholders. For more information, contact James Persons unable to file electronically Further information may be found at: Eason, Office of Energy Market should submit an original and 5 copies http://www.nyiso.com/public/ Regulation, Federal Energy Regulatory of the intervention or protest to the committees/documents.jsp?com=bic_ Commission at (202) 502–8622 or Federal Energy Regulatory Commission, espwg&directory=2018-12-04. [email protected]. 888 First Street NE, Washington, DC 20426. Kimberly D. Bose, 2 The estimated hourly cost (salary plus benefits) The filings in the above-referenced provided in this section is based on the salary Secretary. proceeding are accessible in the _ figures (http://www.bls.gov/oes/current/naics2 [FR Doc. 2018–26661 Filed 12–7–18; 8:45 am] Commission’s eLibrary system by 22.htm) and benefits (http://www.bls.gov/ news.release/ecec.nr0.htm) for May 2017 posted by BILLING CODE 6717–01–P clicking on the appropriate link in the the Bureau of Labor Statistics for the Utilities above list. They are also available for sector. The hourly estimates for salary plus benefits electronic review in the Commission’s are $66.90/hour based on the Engineering career Public Reference Room in Washington, (Occupation Code: 17–2071). DC. There is an eSubscription link on 3 Both figures for PC respondents are not to be totaled. They represent the same set of respondents. the website that enables subscribers to 4 Both figures for GO respondents are not to be receive email notification when a totaled. They represent the same set of respondents. document is added to a subscribed

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docket(s). For assistance with any FERC The filings in the above-referenced Docket Numbers: ER19–91–001. Online service, please email proceeding are accessible in the Applicants: GRP Franklin, LLC. [email protected], or call Commission’s eLibrary system by Description: Supplement to November (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the 21, 2018 GRP Franklin, LLC tariff filing. (202) 502–8659. above list. They are also available for Filed Date: 11/30/18. Accession Number: 20181130–5317. Dated: December 3, 2018. electronic review in the Commission’s Comments Due: 5 p.m. ET 12/21/18. Nathaniel J. Davis, Sr., Public Reference Room in Washington, Docket Numbers: ER19–92–001. Deputy Secretary. DC. There is an eSubscription link on the website that enables subscribers to Applicants: GRP Madison, LLC. [FR Doc. 2018–26645 Filed 12–7–18; 8:45 am] receive email notification when a Description: Supplement to November BILLING CODE 6717–01–P document is added to a subscribed 21, 2018 GRP Madison, LLC tariff filing. docket(s). For assistance with any FERC Filed Date: 11/30/18. Accession Number: 20181130–5358. DEPARTMENT OF ENERGY Online service, please email [email protected] or call Comments Due: 5 p.m. ET 12/21/18. Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Docket Numbers: ER19–289–001. Commission (202) 502–8659. Applicants: Cleco Cajun LLC. Description: Tariff Amendment: [Docket No. ER19–427–000] Dated: December 3, 2018. Amendment to 1 to be effective 12/31/ Nathaniel J. Davis, Sr., 9998. LUZ Solar Partners IX, Ltd.; Deputy Secretary. Filed Date: 11/30/18. Supplemental Notice That Initial [FR Doc. 2018–26644 Filed 12–7–18; 8:45 am] Accession Number: 20181130–5310. Market-Based Rate Filing Includes BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 12/21/18. Request for Blanket Section 204 Docket Numbers: ER19–454–000. Authorization Applicants: FirstEnergy Solutions This is a supplemental notice in the DEPARTMENT OF ENERGY Corp. above-referenced proceeding of LUZ Description: Compliance filing: MBR Federal Energy Regulatory Compliance Filing [ER18–965; ER18– Solar Partners IX, Ltd.’s application for Commission market-based rate authority, with an 1591; ER18–1999] to be effective 6/1/ 2018. accompanying rate tariff, noting that Combined Notice of Filings #1 such application includes a request for Filed Date: 11/30/18. blanket authorization, under 18 CFR Take notice that the Commission Accession Number: 20181130–5283. part 34, of future issuances of securities received the following electric corporate Comments Due: 5 p.m. ET 12/21/18. and assumptions of liability. filings: Docket Numbers: ER19–455–000. Applicants: Stoneray Power Partners, Any person desiring to intervene or to Docket Numbers: EC19–31–000. LLC. protest should file with the Federal Applicants: Sempra Energy, Oncor Description: § 205(d) Rate Filing: Energy Regulatory Commission, 888 Electric Delivery Company LLC, Filing of Stoneray Rate Schedule FERC First Street NE, Washington, DC 20426, Sharyland Utilities, L.P., Sharyland No. 1 re Reactive Power Compensation in accordance with Rules 211 and 214 Distribution & Transmission Services, of the Commission’s Rules of Practice to be effective 1/30/2019. L.L.C. Filed Date: 11/30/18. and Procedure (18 CFR 385.211 and Description: Joint Application for 385.214). Anyone filing a motion to Accession Number: 20181130–5285. Authorization Under Section 203 of the Comments Due: 5 p.m. ET 12/21/18. intervene or protest must serve a copy Federal Power Act, et al. of Sempra of that document on the Applicant. Docket Numbers: ER19–456–000. Energy, et al. Applicants: Southwest Power Pool, Notice is hereby given that the Filed Date: 11/30/18. Inc. deadline for filing protests with regard Accession Number: 20181130–5318. Description: § 205(d) Rate Filing: Mor- to the applicant’s request for blanket Comments Due: 5 p.m. ET 12/21/18. authorization, under 18 CFR part 34, of Gran-Sou Electric Cooperative Formula future issuances of securities and Docket Numbers: EC19–32–000. Rate to be effective 2/1/2019. assumptions of liability, is December 24, Applicants: Vermillion Power, L.L.C., Filed Date: 11/30/18. 2018. FirstEnergy Generation, LLC. Accession Number: 20181130–5286. The Commission encourages Description: Application for Comments Due: 5 p.m. ET 12/21/18. electronic submission of protests and Authorization Under Section 203 of the Docket Numbers: ER19–457–000. interventions in lieu of paper, using the Federal Power Act, et al. of Vermillion Applicants: Southwest Power Pool, FERC Online links at http:// Power, L.L.C., et al. Inc. www.ferc.gov. To facilitate electronic Filed Date: 11/30/18. Description: § 205(d) Rate Filing: Otter service, persons with internet access Accession Number: 20181130–5362. Tail Power Company Network Customer who will eFile a document and/or be Comments Due: 5 p.m. ET 12/21/18. Transmission Credits to be effective 2/ listed as a contact for an intervenor Take notice that the Commission 1/2019. must create and validate an received the following electric rate Filed Date: 11/30/18. eRegistration account using the filings: Accession Number: 20181130–5313. eRegistration link. Select the eFiling Docket Numbers: ER18–2342–002. Comments Due: 5 p.m. ET 12/21/18. link to log on and submit the Applicants: GridLiance Heartland Docket Numbers: ER19–458–000. intervention or protests. LLC. Applicants: EDF Trading North Persons unable to file electronically Description: Tariff Amendment: America, LLC,AES Alamitos, LLC,AES should submit an original and 5 copies GridLiance Heartland LLC—Deficiency Huntington Beach, LLC,AES Redondo of the intervention or protest to the Filing to be effective 11/30/2018. Beach, LLC. Federal Energy Regulatory Commission, Filed Date: 11/30/18. Description: Application to Recover 888 First Street NE, Washington, DC Accession Number: 20181130–5289. Fuel Costs, et al. of EDF Trading North 20426. Comments Due: 5 p.m. ET 12/21/18. America, LLC, et al.

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Filed Date: 11/30/18. Description: Supplement to October 3, information collection request (ICR), Accession Number: 20181130–5329. 2018 Joint Application for Part B Permit Application, Permit Comments Due: 5 p.m. ET 12/21/18. Authorization Under FPA Section 204 Modifications, and Special Permits Docket Numbers: ER19–460–000. to Issue Short-Term Debt Securities of (EPA ICR No. 1573.14, OMB Control No. Applicants: Southwest Power Pool, Kansas City Power & Light Company, et 2050–0009) to the Office of Management Inc. al. and Budget (OMB) for review and Description: Compliance filing: Order Filed Date: 11/30/18. approval in accordance with the No. 841 Compliance Filing to Accession Number: 20181130–5142. Paperwork Reduction Act (PRA) (44 Incorporate Electric Storage Resources Comments Due: 5 p.m. ET 12/7/18. U.S.C. 3501 et seq.). Before doing so, the to be effective 12/1/2019. Take notice that the Commission EPA is soliciting public comments on Filed Date: 12/3/18. received the following electric specific aspects of the proposed Accession Number: 20181203–5199. reliability filings: information collection as described Comments Due: 5 p.m. ET 12/24/18. Docket Numbers: RR19–3–000. below. This is a proposed extension of Docket Numbers: ER19–461–000. Applicants: North American Electric the ICR, which is currently approved Applicants: Wheelabrator Concord Reliability Corporation. through May 31, 2019. An Agency may Company, L.P. Description: Petition for Approval of not conduct or sponsor and a person is Description: Baseline eTariff Filing: Amended Compliance and Certification not required to respond to a collection baseline new to be effective 4/18/2019. Committee Charter of North American of information unless it displays a Filed Date: 12/3/18. Electric Reliability Corporation. currently valid OMB control number. Accession Number: 20181203–5204. Filed Date: 11/30/18. DATES: Comments must be submitted on Comments Due: 5 p.m. ET 12/24/18. Accession Number: 20181130–5363. or before February 8, 2019. Comments Due: 5 p.m. ET 12/21/18. Docket Numbers: ER19–462–000. ADDRESSES: Submit your comments, Applicants: PJM Interconnection, The filings are accessible in the referencing by Docket ID No. EPA–HQ– L.L.C. Commission’s eLibrary system by OLEM–2018–0758, online using Description: Compliance filing: clicking on the links or querying the www.regulations.gov (our preferred Compliance Filing re Order No. 841 ESR docket number. method), by email to rcra-docket@ Accounting Proposal to be effective 2/3/ Any person desiring to intervene or epa.gov, or by mail to: EPA Docket 2019. protest in any of the above proceedings Center, Environmental Protection Filed Date: 12/3/18. must file in accordance with Rules 211 Agency, Mail Code 28221T, 1200 Accession Number: 20181203–5227. and 214 of the Commission’s Pennsylvania Ave. NW, Washington, DC Comments Due: 5 p.m. ET 12/24/18. Regulations (18 CFR 385.211 and 20460. Docket Numbers: ER19–463–000. 385.214) on or before 5:00 p.m. Eastern EPA’s policy is that all comments Applicants: Duke Energy Progress, time on the specified comment date. received will be included in the public LLC, Duke Energy Carolinas, LLC. Protests may be considered, but docket without change including any Description: § 205(d) Rate Filing: intervention is necessary to become a personal information provided, unless DEC–DEP Revisions to OATT Formula party to the proceeding. the comment includes profanity, threats, Transmission Rates (State ADIT) to be eFiling is encouraged. More detailed information claimed to be Confidential effective 1/1/2019. information relating to filing Business Information (CBI) or other Filed Date: 12/3/18. requirements, interventions, protests, information whose disclosure is Accession Number: 20181203–5230. service, and qualifying facilities filings restricted by statute. Comments Due: 5 p.m. ET 12/24/18. can be found at: http://www.ferc.gov/ FOR FURTHER INFORMATION CONTACT: Docket Numbers: ER19–464–000. docs-filing/efiling/filing-req.pdf. For Peggy Vyas, Environmental Protection Applicants: Vermillion Power, L.L.C. other information, call (866) 208–3676 Agency, 1200 Pennsylvania Ave. NW, Description: Baseline eTariff Filing: (toll free). For TTY, call (202) 502–8659. Washington, DC 20460; telephone Market-based rate application to be Dated: December 3, 2018. number: 703–308–5477; fax number: effective 12/31/9998. Nathaniel J. Davis, Sr., 703–308–8433; email address: Filed Date: 12/3/18. Deputy Secretary. [email protected]. Accession Number: 20181203–5242. SUPPLEMENTARY INFORMATION: Comments Due: 5 p.m. ET 12/24/18. [FR Doc. 2018–26641 Filed 12–7–18; 8:45 am] BILLING CODE 6717–01–P Supporting documents which explain in Docket Numbers: ER19–465–000. detail the information that the EPA will Applicants: Midcontinent be collecting are available in the public Independent System Operator, Inc. ENVIRONMENTAL PROTECTION docket for this ICR. The docket can be Description: Compliance filing: 2018– viewed online at www.regulations.gov _ AGENCY 12–03 Order 841 Electric Storage or in person at the EPA Docket Center, Resource Compliance Filing to be [EPA–HQ–OLEM–2018–0758, FRL–9987–62– WJC West, Room 3334, 1301 effective 12/31/9998. OLEM] Constitution Ave. NW, Washington, DC. Filed Date: 12/3/18. The telephone number for the Docket Agency Information Collection Accession Number: 20181203–5244. Center is 202–566–1744. For additional Activities; Proposed Collection; Comments Due: 5 p.m. ET 12/24/18. information about EPA’s public docket, Comment Request; Part B Permit Take notice that the Commission visit http://www.epa.gov/dockets. received the following electric securities Application, Permit Modifications, and Pursuant to section 3506(c)(2)(A) of filings: Special Permits the PRA, the EPA is soliciting comments Docket Numbers: ES19–1–000. AGENCY: Environmental Protection and information to enable it to: (i) Applicants: Kansas City Power & Agency. Evaluate whether the proposed Light Company, KCP&L Greater ACTION: Notice. collection of information is necessary Missouri Operations Company, Kansas for the proper performance of the Gas and Electric Company, Westar SUMMARY: The Environmental Protection functions of the Agency, including Energy, Inc. Agency (EPA) is planning to submit the whether the information will have

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practical utility; (ii) evaluate the Dated: November 29, 2018. Clinton West Building, 1301 accuracy of the Agency’s estimate of the Barnes Johnson, Constitution Ave. NW, Washington, DC, burden of the proposed collection of Director, Office of Resource Conservation and Attention Docket ID No. EPA–HQ– information, including the validity of Recovery. ORD–2015–0365. Note: This is not a the methodology and assumptions used; [FR Doc. 2018–26692 Filed 12–7–18; 8:45 am] mailing address. Deliveries are only (iii) enhance the quality, utility, and BILLING CODE 6560–50–P accepted during the docket’s normal clarity of the information to be hours of operation, and special collected; and (iv) minimize the burden arrangements should be made for of the collection of information on those ENVIRONMENTAL PROTECTION deliveries of boxed information. who are to respond, including through AGENCY Instructions: The EPA’s policy is that the use of appropriate automated all comments received will be included [EPA–HQ–ORD–2015–0365; FRL–9987–58– in the public docket without change and electronic, mechanical, or other ORD] technological collection techniques or may be made available online at other forms of information technology, Board of Scientific Counselors (BOSC) www.regulations.gov, including any e.g., permitting electronic submission of Air and Energy Subcommittee personal information provided, unless responses. The EPA will consider the Meeting—January 2019 the comment includes information comments received and amend the ICR claimed to be Confidential Business as appropriate. The final ICR package AGENCY: Environmental Protection Information (CBI) or other information will then be submitted to OMB for Agency (EPA). whose disclosure is restricted by statute. review and approval. At that time, the ACTION: Notice of Meeting. Do not submit information that you EPA will issue another Federal Register consider to be CBI or otherwise notice to announce the submission of SUMMARY: Pursuant to the Federal protected through www.regulations.gov the ICR to OMB and the opportunity to Advisory Committee Act, Public Law or email. The www.regulations.gov submit additional comments to OMB. 92–463, the U.S. Environmental website is an ‘‘anonymous access’’ Protection Agency, Office of Research system, which means the EPA will not Abstract: Section 3005 of Subtitle C of and Development (ORD), gives notice of know your identity or contact RCRA requires treatment, storage or a meeting of the Board of Scientific information unless you provide it in the disposal facilities (TSDFs) to obtain a Counselors (BOSC) Air and Energy body of your comment. If you send an permit. To obtain the permit, the TSDFs Subcommittee. email comment directly to the EPA must submit an application describing without going through DATES: The meeting will be held on the facility’s operation. There are two www.regulations.gov, your email parts to the RCRA permit application— Wednesday, January 9, 2019, from 3:00 p.m. to 5:00 p.m. All times noted are address will be automatically captured Part A and Part B. Part A defines the and included as part of the comment Eastern Time. The meeting may adjourn processes to be used for treatment, that is placed in the public docket and early if all business is finished. storage, and disposal of hazardous made available on the internet. If you Attendees should register by January 8, wastes; the design capacity of such submit an electronic comment, the EPA 2019. Requests for the draft agenda or processes; and the specific hazardous recommends that you include your for making oral presentations at the wastes to be handled at the facility. Part name and other contact information in meeting will be accepted up to one B requires detailed site-specific the body of your comment and with any business day before the meeting. information such as geologic, disk or CD–ROM you submit. If the EPA hydrologic, and engineering data. In the ADDRESSES: The meeting will be a cannot read your comment due to event that permit modifications are conference call and the number will be technical difficulties and cannot contact proposed by the applicant or the EPA, provided following registration at you for clarification, the EPA may not modifications must conform to the https://epa-bosc-airandenergy- be able to consider your comment. requirements under Sections 3004 and subcommittee- Electronic files should avoid the use of 3005. teleconference.eventbrite.com. Submit special characters, any form of Form Numbers: None. your comments to Docket ID No. EPA– encryption, and be free of any defects or HQ–ORD–2015–0365 by one of the Respondents/affected entities: Entities viruses. For additional information following methods: potentially affected by this action are about the EPA’s public docket visit the • www.regulations.gov: Follow the private sector and State, Local, or Tribal EPA Docket Center homepage at http:// on-line instructions for submitting governments. www.epa.gov/dockets/. comments. Docket: All documents in the docket Respondent’s obligation to respond: • Email: Send comments by are listed in the www.regulations.gov Mandatory (RCRA Section 3005). electronic mail (email) to: ORD.Docket@ index. Although listed in the index, Estimated number of respondents: epa.gov, Attention Docket ID No. EPA– some information is not publicly 159. HQ–ORD–2015–0365. available, e.g., CBI or other information • Frequency of response: On occasion. Fax: Fax comments to: (202) 566– whose disclosure is restricted by statute. 0224, Attention Docket ID No. EPA– Total estimated burden: 24,926 hours Certain other material, such as HQ–ORD–2015–0365. per year. Burden is defined at 5 CFR copyrighted material, will be publicly • Mail: Send comments by mail to: 1320.03(b). available only in hard copy. Publicly Board of Scientific Counselors (BOSC) available docket materials are available Total estimated cost: $7,901,274 (per Air and Energy Subcommittee Docket, either electronically in year), which includes $2,165,627 in Mail Code: 2822T, 1301 Constitution www.regulations.gov or in hard copy at annualized labor and $5,735,647 in Ave. NW, Washington, DC, 20004, the Board of Scientific Counselors annualized capital or operation & Attention Docket ID No. EPA–HQ– (BOSC) Air and Energy Subcommittee maintenance costs. ORD–2015–0365. Docket, EPA/DC, William Jefferson Changes in Estimates: The burden • Hand Delivery or Courier: Deliver Clinton West Building, Room 3334, hours are likely to stay substantially the comments to: EPA Docket Center (EPA/ 1301 Constitution Ave. NW, same. DC), Room 3334, William Jefferson Washington, DC. The Public Reading

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Room is open from 8:30 a.m. to 4:30 SUMMARY: Pursuant to the Federal Information (CBI) or other information p.m., Monday through Friday, excluding Advisory Committee Act, the U.S. whose disclosure is restricted by statute. legal holidays. The telephone number Environmental Protection Agency, Do not submit information that you for the Public Reading Room is (202) Office of Research and Development consider to be CBI or otherwise 566–1744, and the telephone number for (ORD), gives notice of a meeting of the protected through www.regulations.gov the ORD Docket is (202) 566–1752. Board of Scientific Counselors (BOSC) or email. The www.regulations.gov FOR FURTHER INFORMATION CONTACT: The Chemical Safety for Sustainability website is an ‘‘anonymous access’’ Designated Federal Officer via mail at: Subcommittee. system, which means the EPA will not Tom Tracy, Mail Code 8104R, Office of DATES: The meeting will be held on know your identity or contact Science Policy, Office of Research and Monday, January 14, 2019, from 8:00 information unless you provide it in the Development, U.S. Environmental a.m. to 5:00 p.m., Tuesday, January 15, body of your comment. If you send an Protection Agency, 1200 Pennsylvania 2019, from 8:00 a.m. until 5:00 p.m. and email comment directly to the EPA Ave. NW, Washington, DC 20460; via Wednesday, January 16, 2019, from 8:00 without going through phone/voice mail at: (202) 564–6518; a.m. until 2:00 p.m. All times noted are www.regulations.gov, your email via fax at: (202) 565–2911; or via email Eastern Time and approximate. The address will be automatically captured at: [email protected]. meeting may adjourn early if all and included as part of the comment SUPPLEMENTARY INFORMATION: business is finished. Attendees should that is placed in the public docket and General Information: The meeting is register by January 7, 2019 at https:// made available on the internet. If you open to the public. Any member of the epa-bosc-css-subcommittee- submit an electronic comment, the EPA public interested in receiving a draft meeting.eventbrite.com. Requests for recommends that you include your agenda, attending the meeting, or making oral presentations at the meeting name and other contact information in making comments at the meeting may will be accepted up to one business day the body of your comment and with any contact Tom Tracy, the Designated before the meeting. disk or CD–ROM you submit. If the EPA Federal Officer, via any of the contact ADDRESSES: The meeting will be held at cannot read your comment due to methods listed in the FOR FURTHER the EPA’s Research Triangle Park Main technical difficulties and cannot contact INFORMATION CONTACT section above. In Campus Facility, 109 T.W. Alexander you for clarification, the EPA may not general, anyone making an oral Drive, Research Triangle Park, North be able to consider your comment. presentation will be limited to a total of Carolina 27711. Submit your comments Electronic files should avoid the use of three minutes. All attendees must to Docket ID No. EPA–HQ–ORD–2015– special characters, any form of register online at https://epa-bosc- 0765 by one of the following methods: encryption, and be free of any defects or airandenergy-subcommittee- • www.regulations.gov: Follow the viruses. For additional information teleconference.eventbrite.com by on-line instructions for submitting about the EPA’s public docket visit the January 8, 2019. Proposed agenda items comments. EPA Docket Center homepage at http:// for the meeting include but not limited • Email: Send comments by www.epa.gov/dockets/. to the following: Review of charge electronic mail (email) to: ORD.Docket@ Docket: All documents in the docket questions, draft subcommittee report epa.gov, Attention Docket ID No. EPA– are listed in the www.regulations.gov and Subcommittee discussion. HQ–ORD–2015–0765. index. Although listed in the index, • Information on Services for Fax: Fax comments to: (202) 566– some information is not publicly Individuals With Disabilities: For 0224, Attention Docket ID No. EPA– available, e.g., CBI or other information information on access or services for HQ–ORD–2015–0765. • whose disclosure is restricted by statute. individuals with disabilities, please Mail: Send comments by mail to: Certain other material, such as contact Tom Tracy at (202) 564–6518 or Board of Scientific Counselors (BOSC) copyrighted material, will be publicly [email protected]. To request Chemical Safety for Sustainability available only in hard copy. Publicly accommodation of a disability, please Subcommittee Docket, Mail Code: available docket materials are available contact Tom Tracy, preferably at least 2822T, 1301 Constitution Ave. NW, either electronically in ten days prior to the meeting, to give the Washington, DC, 20004, Attention www.regulations.gov or in hard copy at EPA as much time as possible to process Docket ID No. EPA–HQ–ORD–2015– the Board of Scientific Counselors your request. 0765. • (BOSC) Chemical Safety for Dated: November 29, 2018. Hand Delivery or Courier: Deliver Sustainability Subcommittee Docket, comments to: EPA Docket Center (EPA/ Fred S. Hauchman, EPA/DC, William Jefferson Clinton West DC), Room 3334, William Jefferson Director, Office of Science Policy. Building, Room 3334, 1301 Constitution Clinton West Building, 1301 Ave. NW, Washington, DC. The Public [FR Doc. 2018–26689 Filed 12–7–18; 8:45 am] Constitution Ave. NW, Washington, DC, BILLING CODE 6560–50–P Reading Room is open from 8:30 a.m. to Attention Docket ID No. EPA–HQ– 4:30 p.m., Monday through Friday, ORD–2015–0765. Note: this is not a excluding legal holidays. The telephone mailing address. Deliveries are only ENVIRONMENTAL PROTECTION number for the Public Reading Room is accepted during the docket’s normal AGENCY (202) 566–1744, and the telephone hours of operation, and special number for the ORD Docket is (202) [EPA–HQ–ORD–2015–0765; FRL–9987–57– arrangements should be made for 566–1752. ORD] deliveries of boxed information. Instructions: The EPA’s policy is that FOR FURTHER INFORMATION CONTACT: The Board of Scientific Counselors (BOSC) all comments received will be included Designated Federal Officer via mail at: Chemical Safety for Sustainability in the public docket without change and Tom Tracy, Mail Code 8104R, Office of Subcommittee Meeting—January 2019 may be made available online at Science Policy, Office of Research and AGENCY: Environmental Protection www.regulations.gov including any Development, U.S. Environmental Agency (EPA). personal information provided unless Protection Agency, 1200 Pennsylvania the comment includes information Ave. NW, Washington, DC 20460; via ACTION: Notice of meeting. claimed to be Confidential Business phone/voice mail at: (202) 564–6518;

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via fax at: (202) 565–2911; or via email ENVIRONMENTAL PROTECTION docket for this ICR. The docket can be at: [email protected]. AGENCY viewed online at www.regulations.gov or in person at the EPA Docket Center, SUPPLEMENTARY INFORMATION: [EPA–HQ–OLEM–2018–0757, FRL–9987–64– WJC West, Room 3334, 1301 OLEM] General Information: The meeting is Constitution Ave. NW, Washington, DC. open to the public. Any member of the Agency Information Collection The telephone number for the Docket public interested in receiving a draft Activities; Proposed Collection; Center is 202–566–1744. For additional agenda, attending the meeting, or Comment Request; Hazardous Waste information about EPA’s public docket, making a presentation at the meeting Specific Unit Requirements, and visit http://www.epa.gov/dockets. may contact Tom Tracy, the Designated Special Waste Processes and Types Pursuant to section 3506(c)(2)(A) of Federal Officer, via any of the contact the PRA, the EPA is soliciting comments AGENCY: methods listed in the FOR FURTHER Environmental Protection and information to enable it to: (i) Agency. INFORMATION CONTACT section above. Evaluate whether the proposed Individuals making an oral presentation ACTION: Notice. collection of information is necessary for the proper performance of the will be limited to a total of three SUMMARY: The Environmental Protection functions of the Agency, including minutes. For security purposes, all Agency (EPA) is planning to submit the whether the information will have attendees must provide their names to information collection request (ICR), practical utility; (ii) evaluate the the Designated Federal Officer by Hazardous Waste Specific Unit accuracy of the Agency’s estimate of the registering online at https://epa-bosc- Requirements, and Special Waste burden of the proposed collection of css-subcommittee- Processes and Types (EPA ICR No. information, including the validity of meeting.eventbrite.com by January 7, 1572.12, OMB Control No. 2050–0050) the methodology and assumptions used; 2019, and must go through a metal to the Office of Management and Budget (iii) enhance the quality, utility, and detector, sign in with the security desk, (OMB) for review and approval in clarity of the information to be and show REAL ID Act-compliant accordance with the Paperwork collected; and (iv) minimize the burden government-issued photo identification Reduction Act (PRA). Before doing so, of the collection of information on those to enter the building. Attendees are the EPA is soliciting public comments who are to respond, including through encouraged to arrive at least 15 minutes on specific aspects of the proposed the use of appropriate automated prior to the start of the meeting to allow information collection as described electronic, mechanical, or other sufficient time for security screening. below. This is a proposed extension of technological collection techniques or Proposed agenda items for the meeting the ICR, which is currently approved other forms of information technology, include but are not limited to the through May 31, 2019. An Agency may e.g., permitting electronic submission of following: Overview of materials not conduct or sponsor and a person is responses. The EPA will consider the provided to the subcommittee, update not required to respond to a collection comments received and amend the ICR as appropriate. The final ICR package on ORD’s Chemical Safety for of information unless it displays a currently valid OMB control number. will then be submitted to OMB for Sustainability and Human Health Risk DATES: Comments must be submitted on review and approval. At that time, the Assessment Research Programs, draft EPA will issue another Federal Register Strategic Research Action Plans, review or before February 8, 2019. ADDRESSES: Submit your comments, notice to announce the submission of of charge questions, and subcommittee the ICR to OMB and the opportunity to discussion. referencing by Docket ID No. EPA–HQ– OLEM–2018–0757, online using submit additional comments to OMB. Abstract: This ICR provides a Information on Services for www.regulations.gov (our preferred discussion of all of the information Individuals with Disabilities: For method), by email to rcra-docket@ collection requirements associated with information on access or services for epa.gov, or by mail to: EPA Docket specific unit standards applicable to individuals with disabilities, please Center, Environmental Protection owners and operators of facilities that contact Tom Tracy at (202) 564–6518 or Agency, Mail Code 28221T, 1200 treat, store, or dispose of hazardous [email protected]. To request Pennsylvania Ave. NW, Washington, DC wastes as defined by 40 CFR part 261. accommodation of a disability, please 20460. It includes a detailed description of the contact Tom Tracy, preferably at least EPA’s policy is that all comments data items and respondent activities ten days prior to the meeting, to give the received will be included in the public associated with each requirement and docket without change including any EPA as much time as possible to process with each hazardous waste management personal information provided, unless your request. unit at a facility. The specific units and the comment includes profanity, threats, Dated: November 29, 2018. processes included in this ICR are: Tank information claimed to be Confidential systems, Surface impoundments, Waste Fred S. Hauchman, Business Information (CBI) or other Director, Office of Science Policy. piles, Land treatment, Landfills, information whose disclosure is Incinerators, Thermal treatment, [FR Doc. 2018–26690 Filed 12–7–18; 8:45 am] restricted by statute. Chemical, physical, and biological BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: treatment, Miscellaneous (subpart X), Peggy Vyas, Environmental Protection Drip pads, Process vents, Equipment Agency, 1200 Pennsylvania Ave. NW, leaks, Containment buildings, and Washington, DC 20460; telephone Recovery/recycling. number: 703–308–5477; fax number: With each information collection 703–308–8433; email address: covered in this ICR, the EPA is aiding [email protected]. the goal of complying with its statutory SUPPLEMENTARY INFORMATION: mandate under RCRA to develop Supporting documents which explain in standards for hazardous waste detail the information that the EPA will treatment, storage, and disposal be collecting are available in the public facilities, to protect human health and

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the environment. Without the 2019. from 9 a.m. until 4:30 p.m. Central FOR FURTHER INFORMATION CONTACT: Any information collection, the agency Standard Time. The meeting will be member of the public wishing further cannot assure that the facilities are held at: U.S. EPA Region 7, 11201 information regarding this Notice and designed and operated properly. Renner Boulevard, Lenexa, KS 66209 Request for Nominations may contact Form Numbers: None. (Lakeview Conference Room), 2.B–C.32. Dr. Thomas Armitage, Designated Respondents/affected entities: Entities FOR FURTHER INFORMATION CONTACT: Federal Officer (DFO), EPA Science potentially affected by this action are Javier Araujo, Designated Federal Advisory Board Staff Office (1400R), private sector and State, Local, or Tribal Officer, [email protected], 202– U.S. Environmental Protection Agency, governments. 564–2642, U.S. EPA, Office of 1200 Pennsylvania Avenue NW, Respondent’s obligation to respond: Environmental Education, William Washington, DC 20460; by telephone at Mandatory (40 CFR 261, 264, 265, and Jefferson Clinton North Room, 1426, (202) 564–2155 or at armitage.thomas@ 266). 1200 Pennsylvania Avenue NW, epa.gov. Estimated number of respondents: Washington, DC 20460. General information concerning the 4,543. SUPPLEMENTARY INFORMATION: Members EPA SAB can be found at the EPA SAB Frequency of response: On occasion. of the public wishing to gain access to website at http://www.epa.gov/sab. Total estimated burden: 654,097 the teleconference, make brief oral SUPPLEMENTARY INFORMATION: hours per year. Burden is defined at 5 comments, or provide a written Background: The SAB (42 U.S.C. CFR 1320.03(b). statement to the NEEAC must contact 4365) is a chartered Federal Advisory Total estimated cost: $25,535,215 (per Javier Araujo, Designated Federal Committee that provides independent year), which includes $21,852,508 in Officer, at [email protected] or 202– scientific and technical peer review, annualized labor and $3,682,707 in 564–2642 by 10 business days prior to advice and recommendations to the EPA annualized capital or operation & each regularly scheduled meeting. Administrator on the technical basis for maintenance costs. Meeting Access: For information on EPA actions. As a Federal Advisory Changes in Estimates: The burden access or services for individuals with Committee, the SAB conducts business hours are likely to stay substantially the disabilities or to request in accordance with the Federal same. accommodations, please contact Javier Advisory Committee Act (FACA) (5 Dated: November 29, 2018. Araujo at [email protected] or 202– U.S.C. App. 2) and related regulations. Barnes Johnson, 564–2642, preferably at least 10 days The SAB STAA Committee is an ad hoc Director, Office of Resource Conservation and prior to the meeting, to give EPA as subcommittee of the SAB that provides Recovery. much time as possible to process your advice through the chartered SAB on [FR Doc. 2018–26691 Filed 12–7–18; 8:45 am] request. recommendations for awards under BILLING CODE 6560–50–P EPA’s STAA program. The SAB and the Elizabeth (Tate) Bennett, 2019–2021 STAA Committee will Associate Administrator, Office of Public comply with the provisions of FACA ENVIRONMENTAL PROTECTION Engagement and Environmental Education. and all appropriate SAB Staff Office AGENCY Javier Araujo, procedural policies. (NEEAC) Designated Federal Officer. The EPA established the STAA in [FRL 9987–56–OA] [FR Doc. 2018–26694 Filed 12–7–18; 8:45 am] 1980 to recognize Agency scientists and Notice of Meeting of the National BILLING CODE 6560–50–P engineers who published their work in Environmental Education Advisory the peer-reviewed literature. The STAA Council Program is an agency-wide competition ENVIRONMENTAL PROTECTION to promote and recognize scientific and AGENCY: Environmental Protection AGENCY technological achievements by EPA Agency (EPA). [FRL–9987–47–OA] employees. The STAA program is ACTION: Notice of meeting. administered and managed by the EPA’s Request for Nominations of Office of Research and Development SUMMARY: Under the Federal Advisory Candidates for EPA’s Science (ORD). Each year the SAB has been Committee Act, Environmental Advisory Board 2019–2021 Scientific asked to review the EPA’s STAA Protection Agency (EPA) gives notice of and Technological Achievement nominations and make a teleconference meeting of the National Awards Committee recommendations to the Administrator Environmental Education Advisory for monetary awards. The SAB Staff Council (NEEAC). The NEEAC was AGENCY: Environmental Protection Office is seeking nominations of experts created by Congress to advise, consult Agency. to serve on the SAB 2019–2021 STAA with, and make recommendations to the ACTION: Notice. Committee, which operates under the Administrator of the Environmental auspices of the SAB. Protection Agency (EPA) on matters SUMMARY: The U.S. Environmental Request for nominations: The SAB related to activities, functions and Protection Agency (EPA) Science Staff Office is seeking nominations of policies of EPA under the National Advisory Board (SAB) Staff Office experts in the following disciplines as Environmental Education Act (the Act). invites nominations of scientific experts they relate to human health and the The purpose of this meeting is to from a diverse range of disciplines to be environment: Air pollution exposure; discuss specific topics of relevance for considered for appointment to the chemical engineering; civil and consideration by the council to provide SAB’s 2019–2021 Scientific and environmental engineering; decision advice and insights to the Agency on Technological Achievement Awards science; ecology; environmental environmental education. (STAA) Committee described in this economics; groundwater and surface DATES: The National Environmental document. water contaminant fate and transport; Education Advisory Council will hold a DATES: Nominations should be human health effects and risk public meeting on Wednesday, January submitted in time to arrive no later than assessment; monitoring and 23, 2019 and Thursday January 24, December 31, 2018. measurement methods for air and water;

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risk management; transport and fate of additional experts identified by the SAB FEDERAL COMMUNICATIONS contaminants; water quality; and water Staff, will be posted in a List of COMMISSION and wastewater treatment processes. Candidates on the SAB website at [OMB 3060–0496] The SAB Staff Office is especially http://www.epa.gov/sab. Public interested in scientists and engineers comments on the List of Candidates will Information Collection Being Reviewed with expertise described above who be accepted for 21 days. The public will by the Federal Communications have knowledge and experience in air be requested to provide relevant Commission Under Delegated quality; aquatic and ecological information or other documentation on Authority toxicology; chemical safety; community nominees that the SAB Staff Office environmental health; dosimetry and AGENCY: Federal Communications should consider in evaluating inhalation toxicology; drinking water; Commission. candidates. ecological modeling; ecological risk ACTION: Notice and request for assessment; ecosystem restoration; For the EPA SAB Staff Office, a comments. ecosystem services; energy and the balanced review committee includes environment; epidemiology; green candidates who possess the necessary SUMMARY: As part of its continuing effort chemistry; homeland security; human domains of knowledge, the relevant to reduce paperwork burdens, and as health dosimetry; mechanisms of scientific perspectives (which, among required by the Paperwork Reduction toxicity and carcinogenicity; other factors, can be influenced by work Act (PRA) of 1995, the Federal metabolism; statistics; sustainability; history and affiliation), and the Communications Commission (FCC or toxicokinetics; toxicology; waste and collective breadth of experience. The the Commission) invites the general waste management; and water re-use. SAB Staff Office will consider public public and other Federal agencies to Process and deadline for submitting comments on the List of Candidates, take this opportunity to comment on the nominations: Any interested person or information provided by the candidates following information collection. organization may nominate qualified Comments are requested concerning: themselves, and background individuals in the areas of expertise Whether the proposed collection of information independently gathered by described above for possible service on information is necessary for the proper the SAB Staff Office. Selection criteria the 2019–2021 STAA Committee performance of the functions of the identified in this notice. Nominations to be used for committee membership Commission, including whether the should be submitted in electronic include: (a) Scientific and/or technical information shall have practical utility; format (preferred) following the expertise, knowledge, and experience the accuracy of the Commission’s instructions for ‘‘Nominating Experts to (primary factors); (b) availability and burden estimate; ways to enhance the Advisory Panels and Ad hoc willingness to serve; (c) absence of quality, utility, and clarity of the Committees Being Formed,’’ provided financial conflicts of interest; (d) information collected; ways to minimize on the SAB website (see the absence of an appearance of a loss of the burden of the collection of ‘‘Nomination of Experts’’ link under impartiality; (e) skills working in information on the respondents, ‘‘Current Activities’’) at http:// committees, subcommittees and including the use of automated www.epa.gov.sab. advisory committees; and, (f) for the collection techniques or other forms of To receive full consideration, EPA’s committee as a whole, diversity of information technology; and ways to SAB Staff Office requests contact expertise and scientific points of view. further reduce the information information about the person making The SAB Staff Office’s evaluation of collection burden on small business the nomination; contact information concerns with fewer than 25 employees. about the nominee; the disciplinary and an absence of financial conflicts of interest will include a review of the The FCC may not conduct or sponsor a specific areas of expertise of the collection of information unless it ‘‘Confidential Financial Disclosure nominee; the nominee’s resume or displays a currently valid control Form for Special Government curriculum vitae; sources of recent grant number. No person shall be subject to Employees’’ (EPA Form 3110–48). This and/or contract support; and a any penalty for failing to comply with biographical sketch of the nominee confidential form allows government a collection of information subject to the indicating current position, educational officials to determine whether there is a PRA that does not display a valid Office background, research activities, and statutory conflict between a person’s of Management and Budget (OMB) recent service on other national public responsibilities (which include control number. advisory committees or national membership on an EPA federal advisory DATES: Written PRA comments should professional organizations. committee) and private interests and Persons having questions about the be submitted on or before February 8, activities, or the appearance of a loss of 2019. If you anticipate that you will be nomination procedures, or who are impartiality, as defined by federal unable to submit nominations through submitting comments, but find it regulation. The form may be viewed and difficult to do so within the period of the SAB website, should contact Dr. downloaded from the following URL Thomas Armitage as indicated above in time allowed by this notice, you should address http://yosemite.epa.gov/sab/ advise the contact listed below as soon this notice. Nominations should be sabproduct.nsf/Web/ethics?Open submitted in time to arrive no later than as possible. Document. December 31, 2018. EPA values and ADDRESSES: Direct all PRA comments to welcomes diversity. All qualified Dated: November 28, 2018. Nicole Ongele, FCC, via email PRA@ candidates are encouraged to apply Khanna Johnston, fcc.gov and to [email protected]. regardless of sex, race, disability, or Deputy Director, EPA Science Advisory Board FOR FURTHER INFORMATION CONTACT: For ethnicity. Staff Office. additional information about the The EPA SAB Staff Office will [FR Doc. 2018–26693 Filed 12–7–18; 8:45 am] information collection, contact Nicole acknowledge receipt of nominations. Ongele at (202) 418–2991. BILLING CODE 6560–50–P The names and biosketches of qualified SUPPLEMENTARY INFORMATION: nominees identified by respondents to OMB Control Number: 3060–0496. this Federal Register notice, and Title: ARMIS Operating Data Report.

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Type of Review: Extension of a FEDERAL COMMUNICATIONS information collection, contact Cathy currently approved collection. COMMISSION Williams at (202) 418–2918. To view a copy of this information collection Respondents: Business or other for- [OMB 3060–0419, 3060–0844, 3060–1086, profit entities. 3060–1183 and 3060–1216] request (ICR) submitted to OMB: (1) Go to the web page http://www.reginfo.gov/ Number of Respondents and public/do/PRAMain, (2) look for the Responses: 49 respondents; 49 Information Collections Being section of the web page called responses. Submitted for Review and Approval to the Office of Management and Budget ‘‘Currently Under Review,’’ (3) click on Estimated Time per Response: 35 the downward-pointing arrow in the hours. AGENCY: Federal Communications ‘‘Select Agency’’ box below the Frequency of Response: Annual Commission. ‘‘Currently Under Review’’ heading, (4) reporting requirement. ACTION: Notice and request for select ‘‘Federal Communications Obligation to Respond: Mandatory. comments. Commission’’ from the list of agencies presented in the ‘‘Select Agency’’ box, Statutory authority for this information SUMMARY: As part of its continuing effort collection is contained in 47 U.S.C. 219 (5) click the ‘‘Submit’’ button to the to reduce paperwork burdens, and as right of the ‘‘Select Agency’’ box, (6) and 220 of the Communications Act of required by the Paperwork Reduction 1934, as amended. when the list of FCC ICRs currently Act (PRA) of 1995, the Federal under review appears, look for the OMB Total Annual Burden: 1,715 hours. Communications Commission (FCC or control number of this ICR and then Total Annual Cost: No cost. the Commission) invites the general click on the ICR Reference Number. A Privacy Act Impact Assessment: No public and other Federal agencies to copy of the FCC submission to OMB impact(s). take this opportunity to comment on the will be displayed. following information collection. SUPPLEMENTARY INFORMATION: As part of Nature and Extent of Confidentiality: Comments are requested concerning: its continuing effort to reduce Ordinarily questions of a sensitive Whether the proposed collection of paperwork burdens, and as required by nature are not involved in the ARMIS information is necessary for the proper the Paperwork Reduction Act (PRA) of Report 43–08. The Commission performance of the functions of the 1995 (44 U.S.C. 3501–3520), the Federal contends that areas in which detailed Commission, including whether the Communications Commission (FCC or information is required are fully subject information shall have practical utility; the Commission) invites the general to regulation and the issue of data being the accuracy of the Commission’s public and other Federal agencies to regarded as sensitive will arise in burden estimate; ways to enhance the take this opportunity to comment on the special circumstances only. In such quality, utility, and clarity of the following information collection. circumstances, respondents may request information collected; ways to minimize Comments are requested concerning: materials or information submitted to the burden of the collection of Whether the proposed collection of the Commission be withheld from information on the respondents, information is necessary for the proper public inspection under 47 CFR 0.459 of including the use of automated performance of the functions of the the Commission’s rules. collection techniques or other forms of Commission, including whether the Needs and Uses: The information information technology; and ways to information shall have practical utility; contained in FCC Report 43–08 has further reduce the information the accuracy of the Commission’s helped the Commission fulfill its collection burden on small business burden estimate; ways to enhance the regulatory responsibilities. Automated concerns with fewer than 25 employees. quality, utility, and clarity of the reporting of these data greatly enhances The Commission may not conduct or information collected; ways to minimize the Commission’s ability to process and sponsor a collection of information the burden of the collection of analyze the extensive amounts of data unless it displays a currently valid information on the respondents, provided in the reports. Automating and Office of Management and Budget including the use of automated organizing data submitted to the (OMB) control number. No person shall collection techniques or other forms of Commission facilitate the timely and be subject to any penalty for failing to information technology; and ways to efficient analysis of revenue comply with a collection of information further reduce the information requirements, rates of return and price subject to the PRA that does not display collection burden on small business caps, and provide an improved basis for a valid OMB control number. auditing and other oversight functions. concerns with fewer than 25 employees. DATES: Written comments should be OMB Control Number: 3060–0419. Automated reporting also enhances the submitted on or before January 9, 2019. Commission’s ability to quantify the Title: Sections 76.94, Notification; If you anticipate that you will be 76.95, Exceptions; 76.105, Notification; effects of policy proposals. The submitting comments, but find it Commission has granted all carriers 76.106, Exceptions; 76.107, Exclusivity difficult to do so within the period of Contracts and 76.1609, Non-Duplication forbearance from many of the time allowed by this notice, you should requirements of ARMIS 43–08 and Syndicated Exclusivity. advise the contacts listed below as soon Form Number: N/A. conditioned on approval of a data as possible. retention compliance plan and Type of Review: Extension of ADDRESSES: Direct all PRA comments to continued submission of certain ARMIS currently approved collection. Nicholas A. Fraser, OMB, via email Respondents: Business or other for- 43–08 data related to access lines in [email protected]; and service to customers. profit entities. to Cathy Williams, FCC, via email PRA@ Number of Respondents and Federal Communications Commission. fcc.gov and to [email protected]. Responses: 5,977 respondents and Katura Jackson, Include in the comments the OMB 249,577 responses. Federal Register Liaison Officer, Office of the control number as shown in the Estimated Time per Response: 0.5–2.0 Secretary. SUPPLEMENTARY INFORMATION below. hours. [FR Doc. 2018–26588 Filed 12–7–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Frequency of Response: On occasion BILLING CODE 6712–01–P additional information or copies of the reporting requirement; One-time

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reporting requirement; Third Party implementing rules adopted by the opportunity to submit in writing to the Disclosure requirement. Commission, commercial TV broadcast Commission, settlements and Obligation to Respond: Required to stations are entitled to assert mandatory engineering solutions to resolve their obtain or retain benefits. Statutory carriage rights on cable systems located situation. authority for this information collection within the station’s television market. b. 47 CFR 74.787(a)(3) provides that is contained in Section 4(i) of the Under Section 325(b) of the mutually exclusive applicants applying Communications Act of 1034, as Communications Act, commercial TV for construction permits for new digital amended. broadcast stations are entitled to stations and for major changes to Total Annual Burden: 233,153 hours. negotiate with local cable systems for existing stations in the LPTV service Total Annual Cost: No cost. carriage of their signal pursuant to will similarly be allowed to submit in Nature and Extent of Confidentiality: retransmission consent agreements in writing to the Commission, settlements There is no need for confidentiality with lieu of asserting must carry rights. This and engineering solutions to rectify the this collection of information. system is therefore referred to as ‘‘Must- problem. Privacy Impact Assessment(s): No Carry and Retransmission Consent.’’ c. 47 CFR 74.787(a)(4) provides that impact(s). Under Section 615 of the mutually exclusive displacement relief Needs and Uses: The Commission Communications Act, noncommercial applicants filing applications for digital rules that are covered under this educational (NCE) stations are also LPTV and TV translator stations may be collection require broadcast television entitled to assert mandatory carriage resolved by submitting settlements and stations and program distributors to rights on cable systems located within engineering solutions in writing to the notify cable television system operators the station’s market; however, Commission. of network non-duplication protection noncommercial TV broadcast stations d. 47 CFR 74.787(a)(5)(v) states that a and syndicated exclusivity rights being are not entitled to retransmission license for a digital-to-digital sought within prescribed limitations consent. The information collection replacement television translator will be issued only to a full-power television and terms of contractual agreements. requirements for this collection are broadcast station licensee that These various notification and contained in 47 CFR Sections 76.56(a), demonstrates in its application a loss in disclosure requirements are to protect 76.57, 76.61(a)(1)–(2) and 76.64. the station’s pre-auction digital service broadcasters who purchase the OMB Control Number: 3060–1086. area as a result of the broadcast exclusive rights to transmit network and Title: Section 74.787, Digital television spectrum incentive auction, syndicated programming in their Licensing; Section 74.790, Permissible including the repacking process, recognized markets. Service of Digital TV Translator and conducted under section 6403 of the OMB Control Number: 3060–0844. LPTV Stations; Section 74.794, Digital Middle Class Tax Relief and Job Title: Carriage of the Transmissions of Emissions, Section 74.796, Modification Creation Act of 2012 (Pub. L. 112–96). Television Broadcast Stations: Section of Digital Transmission Systems and ‘‘Pre-auction digital service area’’ is 76.56(a), Carriage of qualified Analog Transmission Systems for defined as the geographic area within noncommercial educational stations; Digital Operation; Section 74.798, LPTV the full power station’s noise-limited Section 76.57, Channel positioning; Digital Transition Consumer Education contour (as set forth in Public Notice, Section 76.61(a)(1)–(2), Disputes Information; Protection of Analog LPTV. DA 15–1296, released November 12, concerning carriage; Section 76.64, Form Number: Not applicable. 2015). The service area of the digital-to- Retransmission consent. Respondents: Business or other for digital replacement translator shall be Form Number: N/A. profit entities; not for profit institutions; limited to only the demonstrated loss Type of Review: Extension of a State, local or Tribal government. area within the full power station’s pre- currently approved collection. Number of Respondents/Responses: auction digital service area, provided Respondents: Business or other for- 8,445 respondents; 27,386 responses. that an applicant for a digital-to-digital profit entities. Estimated Hours per Response: 0.50– replacement television translator may Number of Respondents and 4 hours. propose a de minimis expansion of its Responses: 835 respondents and 14,040 Frequency of Response: full power pre-auction digital service responses. Recordkeeping requirement; One-time area upon demonstrating that the Estimated Time per Response: 1 to 5 reporting requirement; Third party expansion is necessary to replace a loss hours. disclosure requirement. in its pre-auction digital service area. Frequency of Response: On occasion Total Annual Burden: 56,386 hours. e. 47 CFR 74.790(f) permits digital TV reporting requirement; Third party Total Annual Cost: $69,033,000. translator stations to originate disclosure requirement. Obligation to Respond: Required to emergency warnings over the air Obligation to Respond: Required to obtain or retain benefits. The statutory deemed necessary to protect and obtain or retain benefits. The statutory authority for this information collection safeguard life and property, and to authority for this information collection is contained in section 301 of the originate local public service is contained in Sections 1, 4(i) and (j), Communications Act of 1934, as announcements (PSAs) or messages 325, 336, 614 and 615 of the amended. seeking or acknowledging financial Communications Act of 1934, as Nature and Extent of Confidentiality: support necessary for its continued amended. There is no need for confidentiality with operation. These announcements or Total Annual Burden: 14,840 hours. this collection of information. messages shall not exceed 30 seconds Total Annual Cost: No cost. Privacy Act Assessment: No impact(s). each, and be broadcast no more than Nature and Extent of Confidentiality: Needs and Uses: The information once per hour. There is no need for confidentiality with collection requirements approved under f. 47 CFR 74.790(e) requires that a this collection of information. this collection are as follows: digital TV translator station shall not Privacy Impact Assessment: No a. 47 CFR 74.787(a)(2)(iii) provides retransmit the programs and signal of impact(s). that mutually exclusive LPTV and TV any TV broadcast or DTV broadcast Needs and Uses: Under Section 614 of translator applicants for companion station(s) without prior written consent the Communications Act and the digital stations will be afforded an of such station(s). A digital TV

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translator operator electing to multiplex measurements on the modified onto that registry. The designated PSAP signals must negotiate arrangements and transmitter, and copies of related representative shall provide contact obtain written consent of involved DTV correspondence with the Commission. information including the PSAP station licensee(s). k. Protection of Analog LPTV. In represented, name, title, address, g. 47 CFR 74.790(g) requires a digital situations where protection of an telephone number and email address. LPTV station who transmits the existing analog LPTV or translator Verified PSAPs shall be permitted to programming of a TV broadcast or DTV station without a frequency offset upload to the registry any PSAP broadcast station received prior written prevents acceptance of a proposed new telephone associated with the provision consent of the station whose signal is or modified LPTV, TV translator, or of emergency services or being transmitted. Class A station, the Commission communications with other public h. 47 CFR 74.794 mandates that requires that the existing non-offset safety agencies. On an annual basis digital LPTV and TV translator stations station install at its expense offset designated PSAP representatives shall operating on TV channels 22–24, 32–36 equipment and notify the Commission access the registry, review their and 38 with a digital transmitter not that it has done so, or, alternatively, numbers and remove any ineligible specifically FCC-certificated for the negotiate an interference agreement numbers from the registry. Second, an channel purchase and utilize a low pass with the new station and notify the operator of automatic dialing equipment filter or equivalent device rated by its Commission of that agreement. (OADE) is prohibited from contacting manufacturer to have an attenuation of l. 47 CFR 74.798 requires all stations any number on the PSAP registry. Each at least 85 dB in the GPS band. The in the low power television services to OADE must register for access to the licensees must retain with their station provide notice of their upcoming digital PSAP registry by providing contact license a description of the low pass transition to their viewers. information which includes name, filter or equivalent device with the business address, contact person, manufacturer’s rating or a report of OMB Control Number: 3060–1183. Title: Establishment of a Public Safety telephone number, email, and all measurements by a qualified individual. outbound telephone numbers used to i. 47 CFR 74.796(b)(5) requires digital Answering Point Do-Not-Call Registry, CG Docket No. 12–129. place autodialed calls. All such contact LPTV or TV translator station licensees information must be updated within 30 that modify their existing transmitter by Form Number: N/A. days of any change. In addition, the use of a manufacturer-provided Type of Review: Extension of a OADE must certify that it is accessing modification kit would need to currently approved collection. the registry solely to prevent autodialed purchase the kit and must notify the Respondents: Business or other for- calls to numbers on the registry. An Commission upon completion of the profit entities; Federal Government; OADE must access and employ a transmitter modifications. In addition, a Not-for-profit institutions; State, local or version of the PSAP registry obtained digital LPTV or TV translator station Tribal Government. from the registry administrator no more licensees that modify their existing Number of Respondents and than 31 days prior to the date any call transmitter and do not use a Responses: 106,500 respondents; is made, and maintain record manufacturer-provided modification kit, 1,446,333 responses. but instead perform custom Estimated Time per Response: 30 documenting this process. No person or modification (those not related to minutes (.50 hours) to 1 hour. entity may sell, rent, lease, purchase, installation of manufacturer-supplied Frequency of Response: share, or use the PSAP registry for any and FCC-certified equipment) must Recordkeeping requirement; Annually, purpose expect to comply with our rules notify the Commission upon completion monthly, on occasion and one-time prohibiting contact with numbers on the of the transmitter modifications and reporting requirement. registry. shall certify compliance with all Obligation To Respond: Required to OMB Control Number: 3060–1216. applicable transmission system obtain or retain benefits. The statutory Title: Media Bureau Incentive Auction requirements. authority for the information collection Implementation, Sections j. 47 CFR 74.796(b)(6) provides that requirements is found in the Middle 73.3700(b)(4)(i)–(ii), (c), (d), (h)(5)–(6) operators who modify their existing Class Tax Relief and Job Creation Act of and (g)(4). transmitter by use of a manufacturer 2012, Public Law 112–96, February 22, Form Number: N/A. provided modification kit must 2012. Type of Review: Extension of a maintain with the station’s records for a Total Annual Burden: 792,667 hours. currently approved collection. period of not less than two years, and Total Annual Cost: None. Respondents: Business or other for- will make available to the Commission Nature and Extent of Confidentiality: profit entities; Not for profit institutions. upon request, a description of the nature An assurance of confidentiality is not Number of Respondents and of the modifications, installation and offered because this information Responses: 1,950 respondents and test instructions, and other material collection does not require the 174,219 responses. provided by the manufacturer, the collection of personally identifiable Estimated Time per Response: .004– results of performance-tests and information from individuals. 15 hours. measurements on the modified Privacy Impact Assessment: No Frequency of Response: One-time transmitter, and copies of related impact(s). reporting requirement; on occasion correspondence with the Commission. Needs and Uses: The rules adopted reporting requirement; recordkeeping In addition, digital LPTV and TV herein establish recordkeeping requirement. translator operators who custom modify requirements for a large variety of Obligation To Respond: Required to their transmitter must maintain with the entities, including small business obtain or retain benefits. Statutory station’s records for a period of not less entities. First, each Public Safety authority for these collections are than two years, and will make available Answering Point (PSAP) may designate contained in 47 U.S.C. 151, 154, 301, to the Commission upon request, a a representative who shall be required 303, 307, 308, 309, 310, 316, 319, description of the modifications to file a certification with the 325(b), 332, 336(f), 338, 339, 340, 399b, performed and performance tests, the administrator of the PSAP registry that 403, 534, 535, 1404, 1452, and 1454. results of performance-tests and they are authorized to place numbers Total Annual Burden: 24,932 hours.

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Annual Cost Burden: $1,214,400. SUMMARY: Pursuant to the provisions of SUMMARY: The FDIC, as part of its Privacy Act Impact Assessment: No the Federal Advisory Committee Act obligations under the Paperwork impact(s). (‘‘FACA’’), and after consultation with Reduction Act of 1995 (PRA), invites the Nature and Extent of Confidentiality: the General Services Administration, general public and other Federal There is no need for confidentiality with the Chairman of the Federal Deposit agencies to take this opportunity to this collection. Insurance Corporation has determined comment on the renewal of the existing Needs and Uses: The information that renewal of the FDIC Advisory information collection described below. gathered in this collection will be used Committee on Economic Inclusion (‘‘the to require broadcasters transitioning to a Committee’’) is in the public interest in DATES: Comments must be submitted on new station following the Incentive connection with the performance of or before February 8, 2019. Auction, or going off the air as a result duties imposed upon the FDIC by law. ADDRESSES: Interested parties are of a winning bid in the Incentive The Committee has been a successful invited to submit written comments to Auction, to notify their viewers of the undertaking by the FDIC and has the FDIC by any of the following date the station will terminate provided valuable feedback to the operations on its pre-Auction channel agency on important initiatives focused methods: by running public service on expanding access to banking services • https://www.FDIC.gov/regulations/ announcements, and allow these for underserved populations. The laws/federal. broadcasters to inform MVPDs of their Committee will continue to provide • Email: [email protected]. Include relinquishment or change in channel. It advice and recommendations on requires channel sharing agreements the name and number of the collection initiatives to expand access to banking in the subject line of the message. enter into by television broadcast services for underserved populations. • licensees to contain certain provisions The Committee will continue to review Mail: Manny Cabeza (202–898– regarding access to facilities, financial various issues that may include, but not 3767), Counsel, MB–3007, Federal obligations and to define each party’s be limited to, basic retail financial Deposit Insurance Corporation, 550 17th rights and responsibilities; the services such as low-cost, sustainable Street NW, Washington, DC 20429. Commission will review each channel transaction accounts, savings accounts, • Hand Delivery: Comments may be sharing agreement to ensure it comports small dollar lending, prepaid cards, hand-delivered to the guard station at with general rules and policies money orders, remittances, the use of the rear of the 17th Street building regarding license agreements. The new technologies, and other services to provisions contained in this collection (located on F Street), on business days promote access to the mainstream between 7:00 a.m. and 5:00 p.m. also require wireless licensees to notify banking system, asset accumulation, low-power television and TV translator and financial stability. The structure All comments should refer to the stations commence wireless operations and responsibilities of the Committee relevant OMB control number. A copy and the likelihood of receiving harmful are unchanged from when it was of the comments may also be submitted interference from the low power TV or originally established in November to the OMB desk officer for the FDIC: TV translator station to such operations 2006. The Committee will continue to Office of Information and Regulatory within the wireless licensee’s licensed operate in accordance with the Affairs, Office of Management and geographic service area. Finally, it provisions of the Federal Advisory Budget, New Executive Office Building, requires license relinquishment stations Committee Act. Washington, DC 20503. and channel sharing stations to comply FOR FURTHER INFORMATION CONTACT: with notification and cancellation Mr. FOR FURTHER INFORMATION CONTACT: procedures as they terminate operations Robert E. Feldman, Committee Manny Cabeza, Counsel, 202–898–3767, on their pre-Auction channel. Management Officer of the FDIC, at [email protected], MB–3007, Federal (202) 898–7043. Federal Communications Commission. Deposit Insurance Corporation, 550 17th Dated: December 4, 2018. Katura Jackson, Street NW, Washington, DC 20429. Federal Deposit Insurance Corporation. Federal Register Liaison Officer, Office of the SUPPLEMENTARY INFORMATION: Secretary. Robert E. Feldman, Committee Management Officer. Proposal to renew the following [FR Doc. 2018–26590 Filed 12–7–18; 8:45 am] currently approved collection of BILLING CODE 6712–01–P [FR Doc. 2018–26620 Filed 12–7–18; 8:45 am] BILLING CODE 6714–01–P information: 1. Title: Procedures for Monitoring FEDERAL DEPOSIT INSURANCE Bank Protection Act Compliance. FEDERAL DEPOSIT INSURANCE CORPORATION CORPORATION OMB Number: 3064–0095. Form Number: None. FDIC Advisory Committee on [OMB No. 3064–0095] Economic Inclusion; Notice of Charter Affected Public: Insured state Renewal Agency Information Collection nonmember banks Activities: Proposed Collection AGENCY: Burden Estimate: Federal Deposit Insurance Renewal; Comment Request Corporation (FDIC). ACTION: Notice of renewal of the FDIC AGENCY: Federal Deposit Insurance Advisory Committee on Economic Corporation (FDIC). Inclusion. ACTION: Notice and request for comment.

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SUMMARY OF ANNUAL BURDEN

Estimated Information collection Obligation Estimated Estimated time per Estimated description Type of burden to respond number of frequency of response annual burden respondents responses (hours) (hours)

Bank Protection Act Compliance Recordkeeping ... Mandatory ...... 3,533 Annually ...... 5 1,766.5 Program.

Estimated Total Annual Burden ...... 1,766.5

General Description of Collection ways to enhance the quality, utility, and Dated: December 4, 2018. The collection requires insured state clarity of the information to be Rachel Dickon, nonmember banks to comply with the collected; and (d) ways to minimize the Secretary. Bank Protection Act and to review bank burden of the collection of information [FR Doc. 2018–26684 Filed 12–7–18; 8:45 am] security programs. The Bank Protection on respondents, including through the BILLING CODE 6731–AA–P Act of 1968 (12 U.S.C. 1881–1884) use of automated collection techniques requires each Federal supervisory or other forms of information agency to promulgate rules establishing technology. All comments will become minimum standards for security devices a matter of public record. FEDERAL RESERVE SYSTEM and procedures to discourage financial Dated at Washington, DC, on December 3, crime and to assist in the identification 2018. Change in Bank Control Notices; of persons who commit such crimes. To Federal Deposit Insurance Corporation. Acquisitions of Shares of a Bank or Bank Holding Company avoid the necessity of constantly Robert E. Feldman, updating a technology-based regulation, Executive Secretary. The notificants listed below have the FDIC takes a flexible approach to [FR Doc. 2018–26584 Filed 12–7–18; 8:45 am] applied under the Change in Bank implementing this statute. It requires BILLING CODE 6714–01–P Control Act (12 U.S.C. 1817(j)) and each insured nonmember bank to § 225.41 of the Board’s Regulation Y (12 designate a security officer who will CFR 225.41) to acquire shares of a bank administer a written security program. FEDERAL MARITIME COMMISSION or bank holding company. The factors The security program must: (1) Establish that are considered in acting on the procedures for opening and closing for Notice of Agreement Filed notices are set forth in paragraph 7 of business and for safekeeping valuables; the Act (12 U.S.C. 1817(j)(7)). (2) establish procedures that will assist The Commission hereby gives notice The notices are available for in identifying persons committing of the filing of the following agreement immediate inspection at the Federal crimes against the bank; (3) provide for under the Shipping Act of 1984. Reserve Bank indicated. The notices initial and periodic training of Interested parties may submit comments also will be available for inspection at employees in their responsibilities on the agreement to the Secretary by the offices of the Board of Governors. under the security program; and (4) email at [email protected], or by mail, Interested persons may express their provide for selecting, testing, operating Federal Maritime Commission, views in writing to the Reserve Bank and maintaining security devices as Washington, DC 20573, within twelve indicated for that notice or to the offices prescribed in the regulation. In addition, days of the date this notice appears in of the Board of Governors. Comments the FDIC requires the security officer to the Federal Register. Copies of must be received not later than report at least annually to the bank’s agreements are available through the December 27, 2018. board of directors on the effectiveness of Commission’s website (www.fmc.gov) or the security program. by contacting the Office of Agreements A. Federal Reserve Bank of Kansas There is no change in the method or at (202)-523–5793 or tradeanalysis@ City (Dennis Denney, Assistant Vice substance of the collection. The FDIC fmc.gov. President) 1 Memorial Drive, Kansas estimates that the number of Agreement No.: 201159–002. City, Missouri 64198–0001: respondents will decrease due to Agreement Name: Memorandum of 1. Earl L. Edsall and Janet M. Edsall, economic fluctuations from 3,629 to Settlement of Local Conditions in the Co-Trustees of the Earl L. Edsall Living 3,533. The annual burden for this Port of New York and New Jersey. Trust and of the Janet M. Edsall Living information collection is estimated to be Parties: International Longshoremen’s Trust, Fred R. Lucas, Jr., Trustee of the 1,766.5 hours. This represents a Association, AFL–CIO; and the New Fred R. Lucas, Jr. Living Trust, Joyce decrease of 48.5 hours from the current York Shipping Association. Gail Lucas, Trustee of the Joyce Gail burden estimate of 1,815 hours. Filing Party: Donato Caruso; The Lucas Living Trust, Larry D. Major, Lambos Firm, LLP and Andre Mazzola; Trustee of the Gracie I. Major 1992 Request for Comment Marrinan & Mazzola Mardon, P.C. Living Trust and of the Larry D. Major Comments are invited on: (a) Whether Synopsis: The Agreement establishes 1992 Living Trust, N. Loren Parham, the collection of information is local conditions for the Port of New Bethany Parham, Lori Osmus, Robert necessary for the proper performance of York-New Jersey covering the period Osmus, Mark Taylor, and Janet Taylor, the FDIC’s functions, including whether from October 1, 2018 through all of Watonga, Oklahoma; to retain the information has practical utility; (b) September 30, 2024. voting shares of First State the accuracy of the estimates of the Proposed Effective Date: 11/27/2018. Bancorporation of Watonga, Watonga, burden of the information collection, Location: https://www2.fmc.gov/ Oklahoma, and thereby indirectly retain including the validity of the FMC.Agreements.Web/Public/ shares of First State Bank, Watonga, methodology and assumptions used; (c) AgreementHistory/21311. Oklahoma.

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Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve FOR FURTHER INFORMATION CONTACT: To System, December 4, 2018. System, December 4, 2018. request more information on the Yao-Chin Chao, Yao-Chin Chao, proposed project or to obtain a copy of Assistant Secretary of the Board. Assistant Secretary of the Board. the information collection plan and [FR Doc. 2018–26649 Filed 12–7–18; 8:45 am] [FR Doc. 2018–26648 Filed 12–7–18; 8:45 am] instruments, contact Jeffrey M. Zirger, BILLING CODE P BILLING CODE P Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS– FEDERAL RESERVE SYSTEM DEPARTMENT OF HEALTH AND D74, Atlanta, Georgia 30329; phone: HUMAN SERVICES 404–639–7570; Email: [email protected]. Formations of, Acquisitions by, and SUPPLEMENTARY INFORMATION: Under the Mergers of Savings and Loan Holding Centers for Disease Control and Paperwork Reduction Act of 1995 (PRA) Companies Prevention (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of The companies listed in this notice [60Day–19–19BX; Docket No. CDC–2018– Management and Budget (OMB) for each have applied to the Board for approval, 0107] collection of information they conduct pursuant to the Home Owners’ Loan Act or sponsor. In addition, the PRA also (12 U.S.C. 1461 et seq.) (HOLA), Proposed Data Collection Submitted requires Federal agencies to provide a Regulation LL (12 CFR part 238), and for Public Comment and 60-day notice in the Federal Register Regulation MM (12 CFR part 239), and Recommendations concerning each proposed collection of all other applicable statutes and AGENCY: Centers for Disease Control and information, including each new regulations to become a savings and Prevention (CDC), Department of Health proposed collection, each proposed loan holding company and/or to acquire and Human Services (HHS). extension of existing collection of the assets or the ownership of, control ACTION: Notice with comment period. information, and each reinstatement of of, or the power to vote shares of a previously approved information savings association and nonbanking SUMMARY: The Centers for Disease collection before submitting the companies owned by the savings and Control and Prevention (CDC), as part of collection to the OMB for approval. To loan holding company, including the its continuing effort to reduce public comply with this requirement, we are companies listed below. burden and maximize the utility of publishing this notice of a proposed The applications listed below, as well government information, invites the data collection as described below. as other related filings required by the general public and other Federal The OMB is particularly interested in Board, are available for immediate agencies the opportunity to comment on comments that will help: inspection at the Federal Reserve Bank a proposed and/or continuing 1. Evaluate whether the proposed indicated. The application also will be information collection, as required by collection of information is necessary available for inspection at the offices of the Paperwork Reduction Act of 1995. for the proper performance of the the Board of Governors. Interested This notice invites comment on a functions of the agency, including persons may express their views in proposed information collection project whether the information will have writing on the standards enumerated in titled Understanding How Discounting practical utility; the HOLA (12 U.S.C. 1467a(e)). If the Affects Decision Making and Adoption 2. Evaluate the accuracy of the proposal also involves the acquisition of of Prevention Through Design agency’s estimate of the burden of the a nonbanking company, the review also Solutions. The goal of this information proposed collection of information, includes whether the acquisition of the collection is to understand the social including the validity of the nonbanking company complies with the and organizational factors that may methodology and assumptions used; standards in section 10(c)(4)(B) of the increase or decrease the adoption of 3. Enhance the quality, utility, and HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless practices that keep workers safe. clarity of the information to be otherwise noted, nonbanking activities DATES: CDC must receive written collected; and will be conducted throughout the comments on or before February 8, 4. Minimize the burden of the United States. 2019. collection of information on those who are to respond, including through the Unless otherwise noted, comments ADDRESSES: You may submit comments, use of appropriate automated, regarding each of these applications identified by Docket No. CDC–2018– must be received at the Reserve Bank electronic, mechanical, or other 0107 by any of the following methods: technological collection techniques or indicated or the offices of the Board of • Federal eRulemaking Portal: Governors not later than January 4, other forms of information technology, Regulations.gov. Follow the instructions e.g., permitting electronic submissions 2019. for submitting comments. A. Federal Reserve Bank of • of responses. Mail: Jeffrey M. Zirger, Information 5. Assess information collection costs. Philadelphia (William Spaniel, Senior Collection Review Office, Centers for Vice President) 100 North 6th Street, Disease Control and Prevention, 1600 Proposed Project Philadelphia, Pennsylvania 19105– Clifton Road NE, MS–D74, Atlanta, Understanding How Discounting 1521. Comments can also be sent Georgia 30329. Affects Decision Making and Adoption electronically to Instructions: All submissions received of Prevention Through Design [email protected]: must include the agency name and Solutions—New—National Institute for 1. RBI Holdings, Inc., Roseville, Docket Number. CDC will post, without Occupational Safety and Health, Centers Michigan; to become a savings and loan change, all relevant comments to for Disease Control and Prevention by acquiring 57 percent of the voting Regulations.gov. (CDC). shares of PrinCap Holdings One, LLC, Please note: Submit all Federal Ewing, New Jersey, and thereby comments through the Federal Background and Brief Description indirectly acquire shares of Resolute eRulemaking portal (regulations.gov) or As mandated in the Occupational Bank, Maumee, Ohio. by U.S. mail to the address listed above. Safety and Health Act of 1970 (Pub. L.

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91–596), the mission of NIOSH is to social, and organizational factors that injured?’’), and behavioral economic conduct research and investigations on affect employers’ decisions to adopt fall- discounting assessments. For the occupational safety and health. This prevention solutions. This project will behavioral economic questions in the project will focus on understanding the combine traditional surveys with survey, participants will be asked to decision-making processes of small behavioral economic methodologies to make choices about hypothetical, but wholesale and small retail businesses in understand the decision-making realistic, scenarios that assess the regards to the adoption of fall- processes related to the adoption of fall- influence of several factors on the prevention solutions. Slips, trips, and prevention solutions. By using patterns of decision-making. To date, no falls are major sources of workplace behavioral economic principles and study has quantitatively assessed the injury across all industry sectors and methods, this study will pose safety-related decision-making represent a significant burden. In the hypothetical, but realistic, scenarios to processes of small business employers wholesale and retail trade sectors, slips, small business employers to assess the from a behavioral economic perspective. trips, and falls account for 25% of all influence of several factors on the Previous studies in this area consist of reported injuries. By definition, small patterns of decisions. One of the goals qualitative studies of some factors that businesses employ fewer numbers of of the study is to assess the subjective affect occupational safety and health of people, therefore a slip, trip, or fall value of fall-prevention solutions based small businesses. This study will resulting in an injury is less likely to on their costs and effort required to use address a knowledge gap in the occur in any given establishment. Small them. To quantify the subjective value professional and scientific literature by business employers may underestimate of fall-prevention solutions, this project contributing quantitative data to a the risks associated with occupational will use the behavioral economic problem that has been overlooked. The slips, trips, and falls because they have principles to assess the trade-offs small results for this study are meant for not experienced them and therefore do business owners make among the cost of theory development and are not not take the necessary steps to prevent fall prevention solutions, the amount of intended to be nationally representative. them. effort require to assemble them, and the The sample size for this survey will One of the best ways to prevent and amount of time they take to assemble. be 100 small business employers in the control occupational injuries, illnesses, One of the behavioral economic wholesale or retail trade sectors. This and fatalities is to ‘‘design out’’ or principles is discounting, in which the sample size is based on a power analysis minimize hazards and risks. NIOSH’s value of a product or outcome decreases which indicated that 100 respondents Prevention Through Design Initiative as the cost, effort, or delay associated would be sufficient to detect any focuses on this concept through the with it increases. For example, small- correlations between the organizational inclusion of prevention considerations business owners may ‘‘discount’’ the or demographic variables and the in all designs that impact workers. value of a fall-prevention solution if it behavioral economic measures of Although employers’ decisions can lead requires great effort to assemble, decision making. Each web-based to the successful implementation of The survey will include instruments survey will take approximately 30 Prevention Through Design, fall- to obtain demographic information (age, minutes to complete, resulting in an prevention solutions are not well gender, income, etc.), organizational annualized burden estimate of 50 hours. understood. More information is needed safety information (e.g., ‘‘Has someone There is no cost to respondents other to better understand the motivational, at your place of work ever been than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Type of Number of Number of burden per Total respondents Form name respondents responses per response burden respondent (in hours) (in hours)

Small business employers ...... Survey ...... 100 1 30/60 50

Total ...... 50

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND its continuing effort to reduce public Acting Lead, Information Collection Review HUMAN SERVICES burden and maximize the utility of Office, Office of Scientific Integrity, Office government information, invites the of Science, Centers for Disease Control and Centers for Disease Control and general public and other Federal Prevention. Prevention agencies the opportunity to comment on [FR Doc. 2018–26636 Filed 12–7–18; 8:45 am] [60Day–19–17BBV; Docket No. CDC–2018– a proposed and/or continuing BILLING CODE 4163–18–P 0106] information collection, as required by the Paperwork Reduction Act of 1995. Proposed Data Collection Submitted This notice invites comments on a for Public Comment and proposed information collection project Recommendations titled ‘‘Online training for law AGENCY: Centers for Disease Control and enforcement to reduce risks associated Prevention (CDC), Department of Health with shift work and long work hours’’. and Human Services (HHS). This study will develop and pilot test a ACTION: Notice with comment period. new, online, interactive training program tailored for the law SUMMARY: The Centers for Disease enforcement community that relays the Control and Prevention (CDC), as part of health and safety risks associated with

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shift work, long work hours, and related including the validity of the full-time on fixed night shifts. The pilot workplace sleep issues, and presents methodology and assumptions used; test will use a pre-test—post-test design strategies for managers and officers to 3. Enhance the quality, utility, and to examine sleep (both duration and reduce these risks. clarity of the information to be quality), worktime sleepiness, and DATES: CDC must receive written collected; and knowledge retained. Pre-test measures comments on or before February 8, 4. Minimize the burden of the will be collected two weeks before the 2019. collection of information on those who training. Post-test measures will be are to respond, including through the collected the week of the training (week ADDRESSES: You may submit comments, use of appropriate automated, three of the study), one week after the identified by Docket No. CDC–2018– electronic, mechanical, or other training (week four) and at eight and 0106 by any of the following methods: technological collection techniques or nine weeks after the training (weeks 11 • Federal eRulemaking Portal: other forms of information technology, and 12 of the study). Additional post- Regulations.gov. Follow the instructions e.g., permitting electronic submissions test measures will include feedback for submitting comments. of responses. • Mail: Jeffrey M. Zirger, Information about the training and if specific 5. Assess information collection costs. Collection Review Office, Centers for behaviors changed. Before starting the pretest, the Disease Control and Prevention, 1600 Proposed Project respondent will sign an informed Clifton Road NE, MS–D74, Atlanta, Online training for law enforcement consent form. The pilot pre-test will Georgia 30329. to reduce risks associated with shift start with the respondent filling out a 10 Instructions: All submissions received work and long work hours—New— minute online survey that includes four must include the agency name and National Institute for Occupational short surveys: (1) Demographic Docket Number. CDC will post, without Safety and Health (NIOSH), Centers for information and work experience; (2) change, all relevant comments to Disease Control and Prevention (CDC). the Epworth Sleepiness Scale; (3) the Regulations.gov. Pittsburgh Sleep Quality Index; and (4) Please note: Submit all comments Background and Brief Description a knowledge test. The respondent will through the Federal eRulemaking portal Police often work during the evening, be fitted with a wrist actigraph, which (regulations.gov) or by U.S. mail to the at night, and sometimes irregular and will record activity and estimate the address listed above. long hours. Shift work and long work times of sleep. The respondents will FOR FURTHER INFORMATION CONTACT: To hours are linked to many health and keep an online sleep activity diary and request more information on the safety risks due to disturbances to sleep wear the actigraph continuously during proposed project or to obtain a copy of and circadian rhythms. These work weeks one to four of the study. The the information collection plan and schedules also lead to difficulties with online sleep activity diary takes instruments, contact Jeffery M. Zirger, personal relationships due to having approximately two minutes a day to Information Collection Review Office, less time with family and friends, poor complete. The sleep diary and actigraph Centers for Disease Control and mood from sleep deprivation, and are being used together to obtain a more Prevention, 1600 Clifton Road, NE, MS– problems balancing work and personal accurate timing of respondent’s sleep D74, Atlanta, Georgia 30329; phone: responsibilities. These work schedules and activity. 404–639–7570; Email: [email protected]. and inadequate sleep likely contribute During the third week of the study, SUPPLEMENTARY INFORMATION: Under the to health problems seen in police: the respondent will take the 2.5 hour Paperwork Reduction Act of 1995 (PRA) Shorter life spans, high occupational online training program. Immediately (44 U.S.C. 3501–3520), Federal agencies injury rates, and burden of chronic after completing the training, the must obtain approval from the Office of illnesses. One strategy to reduce these respondent will take the post-test Management and Budget (OMB) for each risks is training programs to inform knowledge test and will provide collection of information they conduct employers and law enforcement officers feedback about the training including or sponsor. In addition, the PRA also about the risks and strategies to reduce barriers to using the training requires Federal agencies to provide a their risks. information and what influential people 60-day notice in the Federal Register This is a New Information Collection in their life would want them to do with concerning each proposed collection of Request for one-year of data collection. the training information. At the end of information, including each new This pilot study is part of a project week four, the respondent will return proposed collection, each proposed awarded National Occupational the actigraph. No data collection will extension of existing collection of Research Agenda (NORA) funding. The occur during weeks five to 10 of the information, and each reinstatement of National Institute for Occupational study. previously approved information Safety and Health is authorized to carry The second post-test period will be collection before submitting the out this data collection through weeks 11 and 12 of the study to gather collection to the OMB for approval. To Occupational Safety and Health Act of longer-term outcomes. At the beginning comply with this requirement, we are 1970. of week 11, the respondents will be publishing this notice of a proposed The purpose of this project is to fitted with an actigraph. The respondent data collection as described below. develop a training program to relay the will wear the actigraph and complete The OMB is particularly interested in risks linked to shift work and long work the sleep activity diary for the next 14 comments that will help: hours and give workplace strategies for days. At the end of week 12 of the 1. Evaluate whether the proposed employers and personal strategies for study, the respondent will complete the collection of information is necessary the officers to reduce the risks. Once Epworth Sleepiness Scale, Pittsburgh for the proper performance of the finalized, the training will be available Sleep Quality Index, and Changes in functions of the agency, including on the NIOSH website. The training will Behaviors After Training. The combined whether the information will have be pilot tested with 30 recent graduates response time is five minutes. practical utility; of a police academy and 30 experienced The burden table lists three 10-minute 2. Evaluate the accuracy of the officers. The study will recruit 60 law meetings during the post-test period agency’s estimate of the burden of the enforcement officers during a 30-minute when they will return the actigraph at proposed collection of information, phone call. All respondents will work the end of week four, be fitted with an

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actigraph at the beginning of week 11 the training program. The research team and improvements in officers’ personal and return it at the end of week 12. The will reinforce or expand training behaviors for coping with the demands respondents will complete the sleep content that showed less than desired of shift work and long work hours. The activity diary for 42 days total (two results on the pilot test. Potential total estimated annualized burden hours minutes each day). The total burden impacts of this project include is 334. There are no costs to respondents hours for the diary is 84. improvements in management practices other than their time. Study staff will use the findings from such as the design of work schedules the pilot test to make improvements to

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total Type of respondents Form name respondents responses per response burden respondent (in hours) (in hours)

Law enforcement officers...... Phone call for recruitment & in- 60 1 30/60 30 formed consent. Law enforcement officers ...... Initial meeting ...... 60 1 15/60 15 Law enforcement officers ...... Knowledge survey ...... 60 2 5/60 10 Law enforcement officers ...... Epworth Sleepiness Scale ...... 60 2 1/60 2 Law enforcement officers ...... Pittsburgh Sleep Quality Index ...... 60 2 2/60 4 Law enforcement officers ...... Demographics and work experience 60 1 2/60 2 Law enforcement officers ...... Sleep diary ...... 60 42 2/60 84 Law enforcement officers ...... Online training ...... 60 1 150/60 150 Law enforcement officers ...... Feedback about Training, Barriers, 60 1 5/60 5 and Influential People. Law enforcement officers ...... Changes in Behaviors after Training 60 1 2/60 2 Law enforcement officers ...... Actigraph fitting and return ...... 60 3 10/60 30

Total ...... 334

Jeffery M. Zirger, CDC will accept all comments for this Officer, Office of Management and Acting Lead, Information Collection Review proposed information collection project. Budget, 725 17th Street NW, Office, Office of Scientific Integrity, Office The Office of Management and Budget Washington, DC 20503 or by fax to (202) of Science, Centers for Disease Control and is particularly interested in comments 395–5806. Provide written comments Prevention. that: within 30 days of notice publication. [FR Doc. 2018–26635 Filed 12–7–18; 8:45 am] (a) Evaluate whether the proposed Proposed Project BILLING CODE 4163–18–P collection of information is necessary for the proper performance of the Identification of Behavioral and functions of the agency, including Clinical Predictors of Early HIV DEPARTMENT OF HEALTH AND whether the information will have Infection (Project DETECT) (OMB No. HUMAN SERVICES practical utility; 0920–1100, Exp. 2/28/2019)— (b) Evaluate the accuracy of the Extension—National Center for HIV/ Centers for Disease Control and agencies estimate of the burden of the AIDS, Viral Hepatitis, STD, and TB Prevention proposed collection of information, Prevention (NCHHSTP), Centers for [30Day–19–1100] including the validity of the Disease Control and Prevention (CDC). methodology and assumptions used; Background and Brief Description Agency Forms Undergoing Paperwork (c) Enhance the quality, utility, and Reduction Act Review clarity of the information to be CDC requests a three-year OMB collected; approval to continue information In accordance with the Paperwork (d) Minimize the burden of the collection for ‘‘Project DETECT,’’ an Reduction Act of 1995, the Centers for collection of information on those who ongoing research study conducted by Disease Control and Prevention (CDC) are to respond, including, through the the University of Washington (UW). has submitted the information use of appropriate automated, Study sites initiated information collection request titled ‘‘Identification electronic, mechanical, or other collection in 2016 and CDC is of Behavioral and Clinical Predictors of technological collection techniques or requesting OMB approval for three Early HIV Infection (Project DETECT)’’ other forms of information technology, additional years (2019–2022). The study to the Office of Management and Budget e.g., permitting electronic submission of is designed to (1) identify behavioral (OMB) for review and approval. CDC responses; and and clinical predictors of early HIV previously published a ‘‘Proposed Data (e) Assess information collection infection, and (2) characterize the Collection Submitted for Public costs. performance of new HIV tests for Comment and Recommendations’’ To request additional information on detecting established and early HIV notice on August 21, 2018 to obtain the proposed project or to obtain a copy infection at the point of care (POC), comments from the public and affected of the information collection plan and relative to each other and to currently agencies. CDC received one (1) comment instruments, call (404) 639–7570 or used gold standard, non-POC tests. related to the previous notice. This send an email to [email protected]. Direct The primary study population is notice serves to allow an additional 30 written comments and/or suggestions persons at high risk for, or diagnosed days for public and affected agency regarding the items contained in this with HIV infection, many of whom will comments. notice to the Attention: CDC Desk be men who have sex with men (MSM)

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because the majority of new HIV early infection) or concordant negative a research assistant and then infections occur each year among this (indicating one or more false-positive electronically entered into the CASI population. In each year of the study, an test results in Phase 1). system. Data to be collected via CASI average of 1,667 participants will be The follow-up schedule will consist include questions on sociodemographic recruited from the Public Health— of up to nine visits scheduled at regular characteristics, medical care, HIV Seattle and King County (PHSKC) STD intervals over a 70-day period. At each testing, pre-exposure prophylaxis, Clinic, which serves as the primary follow-up visit, participants will be antiretroviral treatment, sexually study site, and an additional 200 tested with the new HIV tests and transmitted diseases (STD) history, persons will be enrolled from other additional oral fluid and blood symptoms of early HIV infection, clinics in the greater Seattle area. specimens will also be collected for substance use and sexual behavior. Data storage and use in future HIV test Information collection will be from the surveys will be merged with evaluations at CDC. Participants will be conducted in two phases. HIV test results and relevant clinical Phase 1: After a clinic client consents followed up only to the point at which to participate, he/she will be assigned a all their test results become concordant. data using the unique identification (ID) unique participant ID and will then At each time point, participants will be number. undergo testing with the seven new HIV asked to complete the Phase 2 HIV CDC will use findings to update tests under study. While awaiting test Symptom and Care survey that collects guidelines for HIV testing and diagnosis results, participants will undergo information on symptoms associated in the United States. The guidelines will additional specimen collections and with early HIV infection, as well as help HIV test providers choose which complete the Phase 1 Enrollment access to HIV care and treatment since HIV tests to use, and target tests Survey. the last Phase 2 visit. When all tests appropriately to persons at different Phase 2: All Phase 1 participants become concordant (i.e., at the last levels of risk. Findings will also be whose results on the seven tests under Phase 2 visit) participants will complete disseminated through articles in peer- investigation are not in agreement with the Phase 2 behavioral survey to reviewed journals and the technical one another (‘‘discordant’’) will be identify any behavioral changes during assistance provided by CDC to grantees considered to have a potential early HIV follow-up. Of the 50 Phase 2 that provide HIV testing and diagnostic infection. Nucleic amplification testing participants, it is estimated that no more services. that detects viral nucleic acids will be than 26, annually, will have early HIV conducted to confirm an HIV diagnosis infection. There are no changes to the and rule out false positives. Study All data for the proposed information previously approved information investigators expect that each year, 50 collection will be collected via an collection instruments or burden participants with discordant test results electronic Computer Assisted Self- estimates. The participation of will be invited to participate in serial Interview (CASI) survey. Participants respondents is voluntary and there are follow-up specimen collections to assess will complete the surveys on an no costs to respondents other than their the time point at which all HIV test encrypted computer, with the exception time. The total estimated annualized results resolve and become concordant of the Phase 2 Symptom and Care burden for the proposed project is 2,110 positive (indicating enrollment during survey, which will be administered by hours.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

Persons eligible for study ...... Phase 1 Consent ...... 2,334 1 15/60 Enrolled participants ...... Phase 1 Enrollment Survey A ...... 1,667 1 45/60 Phase 1 Enrollment Survey B ...... 200 1 60/60 Phase 2 Consent ...... 50 1 15/60 Phase 2 HIV Symptom and Care survey ...... 50 9 5/60 Phase 2 Behavioral Survey ...... 50 1 30/60

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND SUMMARY: The Centers for Disease Acting Lead, Information Collection Review HUMAN SERVICES Control and Prevention (CDC), as part of Office, Office of Scientific Integrity, Office its continuing effort to reduce public of Science, Centers for Disease Control and Centers for Disease Control and burden and maximize the utility of Prevention. Prevention government information, invites the [FR Doc. 2018–26634 Filed 12–7–18; 8:45 am] general public and other Federal BILLING CODE 4163–18–P [60Day–19–0017; Docket No. CDC–2018– agencies the opportunity to comment on 0109] a proposed and/or continuing information collection, as required by Proposed Data Collection Submitted the Paperwork Reduction Act of 1995. for Public Comment and This notice invites comment on a Recommendations proposed information collection project AGENCY: Centers for Disease Control and titled Application for Training (OMB Prevention (CDC), Department of Health Control No. 0920–0017). The Training and Human Services (HHS). and Continuing Education Online (TCEO) system is used in the ACTION: Notice with comment period. management of the accreditation

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process for non-federal educators who The OMB is particularly interested in CDC and CDC-funded educational develop public health and healthcare comments that will help: activities include classroom study, educational activities and for non- 1. Evaluate whether the proposed conferences, and electronic learning (e- federal health professionals who seek collection of information is necessary learning). The TCEO Proposal expedites continuing education necessary to for the proper performance of the submission, review, and accreditation maintain professional licensures and functions of the agency, including processes for these CDC and CDC- certifications. This request for revision whether the information will have funded educational activities. The is to add new questions to the TCEO practical utility; information collected from educational New Participant Registration, a new 2. Evaluate the accuracy of the developers provides CDC with the TCEO Post-Course Evaluation, and a agency’s estimate of the burden of the information necessary to meet new TCEO Follow-up Evaluation. Both proposed collection of information, accreditation requirements. CDC new evaluation tools will improve the including the validity of the reviews proposals to ensure compliance quality of educational activities. Each methodology and assumptions used; with requirements and awards TCEO tool ensures compliance with 3. Enhance the quality, utility, and continuing education when activities accreditation requirements. clarity of the information to be meet accreditation standards. The DATES: CDC must receive written collected; and educational activities that can offer comments on or before February 8, 4. Minimize the burden of the continuing education are then added to 2019. collection of information on those who TCEO for learners to access. Accreditation organizations require a ADDRESSES: You may submit comments, are to respond, including through the method of tracking learners who use of appropriate automated, identified by Docket No. CDC–2018– complete an educational activity and electronic, mechanical, or other 0109 by any of the following methods: some require collection of profession- • Federal eRulemaking Portal: technological collection techniques or specific data, among other requirements. Regulations.gov. Follow the instructions other forms of information technology, CDC requires health professionals who for submitting comments. e.g., permitting electronic submissions seek continuing education to establish • Mail: Jeffrey M. Zirger, Acting Lead, of responses. Information Collection Review Office, an account by completing the TCEO 5. Assess information collection costs. New Participant Registration. CDC relies Centers for Disease Control and on this electronic form to collect Prevention, 1600 Clifton Road NE, MS– Proposed Project information needed to coordinate D74, Atlanta, Georgia 30329. Application for Training (OMB learner registrations for educational Instructions: All submissions received Control No. 0920–0017, Exp 06/30/ must include the agency name and activities. 2019)—Revision—Division of Scientific The proposed inclusion of two new Docket Number. CDC will post, without Education and Professional evaluation tools is required by change, all relevant comments to Development (DSEPD), Center for accreditation organizations to ensure Regulations.gov. Surveillance, Epidemiology and Please note: Submit all comments compliance with accreditation Laboratory Services (CSELS), Centers for standards. Public health professionals through the Federal eRulemaking portal Disease Control and Prevention (CDC). will be required to take the TCEO Post- (regulations.gov) or by U.S. mail to the course Evaluation after they have address listed above. Background and Brief Description participated in an educational activity FOR FURTHER INFORMATION CONTACT: To DSEPD requests a three-year Revision and before they can earn continuing request more information on the to the Training and Continuing education. Health professionals who proposed project or to obtain a copy of Education Online (TCEO) system, which have received continuing education for the information collection plan and will comprise four data collection and the activity will be encouraged to instruments, contact Jeffery M. Zirger, management tools. Requested revisions complete the TCEO Follow-up Information Collection Review Office, are (1) to add questions to the existing Evaluation when a link is sent to them Centers for Disease Control and TCEO New Participant Registration and from TCEO by email. Reports on Prevention, 1600 Clifton Road NE, MS– (2) to introduce a Post-Course responses to both tools will be D74, Atlanta, Georgia 30329; phone: Evaluation and a Follow-Up Evaluation. submitted to accreditation organizations 404–639–7570; Email: [email protected]. No changes are requested for the when they conduct audits or when CDC SUPPLEMENTARY INFORMATION: Under the existing TCEO Proposal Tool. requests renewal of accreditation. Both Paperwork Reduction Act of 1995 (PRA) TCEO provides access to CDC new tools provide information to help (44 U.S.C. 3501–3520), Federal agencies educational activities that offer CDC improve the quality of its must obtain approval from the Office of continuing education to public health educational activities. Management and Budget (OMB) for each and healthcare professionals (learners) Proposed changes not only ensure collection of information they conduct to maintain their professional licensures that CDC is in compliance with or sponsor. In addition, the PRA also and certifications. Licensures and accreditation requirements, changes will requires Federal agencies to provide a certifications are mandatory for certain improve the quality of educational 60-day notice in the Federal Register health professionals to provide services activities, while continuing to offer concerning each proposed collection of that prevent and mitigate illness and accredited educational activities at no information, including each new save lives. Employees of hospitals, cost to learners. Because of the proposed collection, each proposed universities, medical centers, state and increasing demand for accredited extension of existing collection of local health departments, and federal educational activities that offer free CE information, and each reinstatement of agencies participate in CDC’s accredited for licensures and certifications, TCEO previously approved information educational activities to learn about experiences a continued increase in collection before submitting the current public health and healthcare educational activities completed each collection to the OMB for approval. To practices. CDC is accredited by seven year by registered learners. Every year, comply with this requirement, we are accreditation organizations to provide the number of times learners complete publishing this notice of a proposed continuing education for public health steps to earn continuing education data collection as described below. and healthcare professionals. increases by approximately 15%. The

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two new evaluation tools will be shared has been updated to reflect the new hours that include all four TCEO tools. with all learners who complete TCEO Post-course Evaluation (66,667 There are no costs to respondents other educational activities in TCEO, causing burden hours) and the new TCEO than their time. the annual burden estimate to increase Follow-up Evaluation (2,000 burden significantly. The annual burden table hours), for a total of 85,934 burden

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hours) respondent (in hours)

Educational Developers (Health Edu- TCEO Proposal ...... 120 1 5 600 cators). Public Health and Health Care Pro- TCEO New Participant Registration 200,000 1 5/60 16,667 fessionals (Learners). Public Health and Health Care Pro- TCEO Post-course Evaluation ...... 200,000 2 10/60 66,667 fessionals (Learners). Public Health and Health Care Pro- TCEO Follow-up Evaluation ...... 20,000 2 3/60 2,000 fessionals (Learners).

Total ...... 420,120 ...... 85,934

Jeffrey M. Zirger, is particularly interested in comments Focus Groups)—New—National Acting Lead, Information Collection Review that: Institute for Occupational Safety and Office, Office of Scientific Integrity, Office (a) Evaluate whether the proposed Health (NIOSH), Centers for Disease of Science, Centers for Disease Control and collection of information is necessary Control and Prevention (CDC). Prevention (CDC). for the proper performance of the [FR Doc. 2018–26637 Filed 12–7–18; 8:45 am] functions of the agency, including Background and Brief Description BILLING CODE 4163–18–P whether the information will have The World Trade Center Health practical utility; Program (WTCHP) was established by (b) Evaluate the accuracy of the the James Zadroga 9/11 Health and DEPARTMENT OF HEALTH AND agencies estimate of the burden of the Compensation Act of 2010, Public Law HUMAN SERVICES proposed collection of information, 111–347 (hereafter referred to as ‘‘the including the validity of the Zadroga Act’’). Under subtitle C, the Centers for Disease Control and methodology and assumptions used; Prevention Zadroga Act requires the establishment (c) Enhance the quality, utility, and of a research program on health [30Day–19–18PR] clarity of the information to be conditions resulting from the 9/11 collected; terrorist attacks. The Research to Care Agency Forms Undergoing Paperwork (d) Minimize the burden of the (RTC) model is the strategic framework Reduction Act Review collection of information on those who employed by the WTCHP to prioritize, are to respond, including, through the conduct, and assess research that In accordance with the Paperwork use of appropriate automated, Reduction Act of 1995, the Centers for informs excellence in clinical care for electronic, mechanical, or other the population of responders and Disease Control and Prevention (CDC) technological collection techniques or survivors affected by the 9/11 attacks in has submitted the information other forms of information technology, New York City. It is the focus of this collection request titled The World e.g., permitting electronic submission of assessment. Trade Center Health Program (WTCHP): responses; and Impact Assessment and Strategic (e) Assess information collection The RTC model assumes the Planning for Translational Research costs. collective involvement of different (Part 1, Formative Research: Focus To request additional information on WTCHP stakeholders, including Groups) to the Office of Management the proposed project or to obtain a copy members, researchers, clinicians, and and Budget (OMB) for review and of the information collection plan and program administrators. It accounts for approval. CDC previously published a instruments, call (404) 639–7570 or a variety of inputs that can affect the ‘‘Proposed Data Collection Submitted send an email to [email protected]. Direct progress and impact of WTCHP for Public Comment and written comments and/or suggestions research. These inputs include people Recommendations’’ notice on March 15, regarding the items contained in this and organizations (e.g., program 2018 to obtain comments from the notice to the Attention: CDC Desk members, providers, clinical centers of public and affected agencies. The Officer, Office of Management and excellence, extramural researchers, and WTCHP is administered by the CDC/ Budget, 725 17th Street NW, program staff), resources (e.g., National Institute for Occupational Washington, DC 20503 or by fax to (202) technology, data centers, the NYC 9/11 Safety and Health (NIOSH). CDC did not 395–5806. Provide written comments Health Registry) and regulatory rules, receive comments related to the within 30 days of notice publication. principally the Zadroga Act. The previous notice. This notice serves to program supports activities such as allow an additional 30 days for public Proposed Project research prioritization, conduct of and affected agency comments. The World Trade Center Health research, delivery of medical care, and CDC will accept all comments for this Program: Impact Assessment and iterative assessments of the translation proposed information collection project. Strategic Planning for Translational of research to improvements in health The Office of Management and Budget Research (Part 1, Formative Research: care services and chronic disease

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management. These activities aim to research into improved outcomes for held by webinar to minimize burden on produce tangible outputs such as individuals and populations exposed to the participants. research findings on WTC-related disasters such as, but not limited to, the These focus groups are necessary to conditions, healthcare protocols, peer- 9/11 attacks. In the formative stage of gather background information on the reviewed publications, quality our assessment, we propose to hold a relationship between different assessment reports, and member and series of focus groups with different stakeholders and the WTCHP that will provider education products. Finally, stakeholder groups to explore their complement data gathered during more the model anticipates short-, perspectives on translational research in detailed interviews with stakeholders in intermediate-, and long-term the context of the WTCHP. The focus the interviews that will take place 6–12 measurement of outcomes and serves as groups will each consist of a well- months later. Specific topics to be a communication tool for program defined stakeholder group, and will last addressed in the focus groups will planning and evaluation. approximately two hours. Focus group include: Conceptualizations of research In 2016, NIOSH contracted with the discussions will be held in-person or by and ‘‘translational research;’’ relevance RAND Corporation to conduct an telephone or webinar format. Depending of WTCHP research topics, potential independent evaluation of the WTCHP on the timing of OMB approval, RAND gaps, and stakeholder priorities, RTC model including the research anticipates conducting focus groups including responsiveness to regulatory investments to date and the shortly after, most likely in the winter/ issues; uses and usefulness of WTCHP effectiveness with which the Program early spring of 2019. If this occurs, research; barriers to conduct and use of translates its research to different results will be analyzed in the spring of WTCHP research; and understanding of stakeholder groups. RAND was selected 2019. If the timing of OMB approval and perspectives on the relevance and given the project team’s expertise with coincides with one of the twice-yearly usefulness of the Research-to-Care similar assessments and NIOSH’s NIOSH-sponsored research meetings in model. requirement for an objective analysis. NYC, RAND plans to hold in-person OMB approval is requested for one This work will ultimately provide focus groups with the stakeholder year. The total estimated burden in guidance for the WTCHP on strategic groups in attendance (NIOSH and hours is 220. Participation is voluntary directions, as well as produce new principal investigators, typically); the and there are no costs to the respondent knowledge about the translation of remainder of the focus groups will be other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

Principal Investigators of WTCHP-Funded Focus Group Discussion Guide and Brief 30 1 2 Research. Demographic Survey. Leadership from WTC Clinical Centers of Ex- Focus Group Discussion Guide and Brief 20 1 2 cellence and Other Stakeholders. Demographic Survey. WTC Health Registry staff ...... Focus Group Discussion Guide and Brief 10 1 2 Demographic Survey. Clinicians Caring for WTCHP Members ...... Focus Group Discussion Guide and Brief 20 1 2 Demographic Survey. WTCHP Responders and Survivors (State/ Focus Group Discussion Guide and Brief 15 1 2 local govt). Demographic Survey. WTCHP Responders and Survivors (private Focus Group Discussion Guide and Brief 15 1 2 citizens). Demographic Survey.

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND Gynecology Devices Panel of the Acting Lead, Information Collection Review HUMAN SERVICES Medical Devices Advisory Committee Office, Office of Scientific Integrity, Office (Committee). The general function of the of Science, Centers for Disease Control and Food and Drug Administration Committee is to provide advice and Prevention. recommendations to the Agency on [FR Doc. 2018–26633 Filed 12–7–18; 8:45 am] [Docket No. FDA–2018–N–4395] FDA’s regulatory issues. The meeting BILLING CODE 4163–18–P will be open to the public. FDA is Obstetrics and Gynecology Devices establishing a docket for public Panel of the Medical Devices Advisory comment on this document. Committee; Notice of Meeting; DATES: The meeting will be held on Establishment of a Public Docket; February 12, 2019, from 8 a.m. to 6:30 Request for Comments p.m. AGENCY: Food and Drug Administration, ADDRESSES: Hilton Washington, DC HHS. North/Gaithersburg; Salons A, B, C, and ACTION: Notice; establishment of a D; 620 Perry Pkwy., Gaithersburg, MD public docket; request for comments. 20877. The hotel’s telephone number is 301–977–8900; additional information SUMMARY: The Food and Drug available online at: https://www3.hilton. Administration (FDA) is announcing a com/en/hotels/maryland/hilton- forthcoming public advisory committee washington-dc-north-gaithersburg- meeting of the Obstetrics and GAIGHHF/index.html. Answers to

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commonly asked questions including Written/Paper Submissions Docket: For access to the docket to information regarding special read background documents or the accommodations due to a disability, Submit written/paper submissions as electronic and written/paper comments visitor parking, and transportation may follows: received, go to https:// • be accessed at: https://www.fda.gov/ Mail/Hand delivery/Courier (for www.regulations.gov and insert the AdvisoryCommittees/AboutAdvisory written/paper submissions): Dockets docket number, found in brackets in the Committees/ucm408555.htm. Management Staff (HFA–305), Food and heading of this document, into the Drug Administration, 5630 Fishers FDA is establishing a docket for ‘‘Search’’ box and follow the prompts Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management public comment on this meeting. The • docket number is FDA–2018–N–4395. For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, The docket will close on February 11, submitted to the Dockets Management Rockville, MD 20852. Staff, FDA will post your comment, as 2019. Submit either electronic or FOR FURTHER INFORMATION CONTACT: well as any attachments, except for written comments on this public Evella Washington, Center for Devices information submitted, marked and meeting by February 11, 2019. Please and Radiological Health, Food and Drug identified, as confidential, if submitted note that late, untimely filed comments Administration, 10903 New Hampshire as detailed in ‘‘Instructions.’’ will not be considered. Electronic Ave., Bldg. 66, Rm. G640, Silver Spring, comments must be submitted on or Instructions: All submissions received MD 20993–0002, Evella.Washington@ before February 11, 2019. The https:// must include the Docket No. FDA– fda.hhs.gov, 301–796–6683, or FDA www.regulations.gov electronic filing 2018–N–4395 for ‘‘The Obstetrics and Advisory Committee Information Line, system will accept comments until Gynecology Devices Panel of the 1–800–741–8138 (301–443–0572 in the 11:59 p.m. Eastern Time at the end of Medical Devices Advisory Committee; Washington, DC area). A notice in the February 11, 2019. Comments received Notice of Meeting; Establishment of a Federal Register about last minute by mail/hand delivery/courier (for Public Docket; Request for Comments.’’ modifications that impact a previously written/paper submissions) will be Received comments, those filed in a announced advisory committee meeting considered timely if they are timely manner (see ADDRESSES), will be cannot always be published quickly postmarked or the delivery service placed in the docket and, except for enough to provide timely notice. acceptance receipt is on or before that those submitted as ‘‘Confidential Therefore, you should always check date. Submissions,’’ publicly viewable at FDA’s website at https://www.fda.gov/ Comments received on or before https://www.regulations.gov or at the AdvisoryCommittees/default.htm and January 27, 2019, will be provided to Dockets Management Staff between 9 scroll down to the appropriate advisory the Committee. Comments received after a.m. and 4 p.m., Monday through committee meeting link, or call the that date will be taken into Friday. advisory committee information line to • consideration by FDA. Confidential Submissions—To learn about possible modifications submit a comment with confidential You may submit comments as before coming to the meeting. information that you do not wish to be follows: made publicly available, submit your SUPPLEMENTARY INFORMATION: Electronic Submissions comments only as a written/paper Agenda: On February 12, 2019, the submission. You should submit two Committee will discuss and make Submit electronic comments in the copies total. One copy will include the recommendations regarding the safety following way: information you claim to be confidential and effectiveness of surgical mesh • Federal eRulemaking Portal: with a heading or cover note that states placed transvaginally in the anterior https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS vaginal compartment to treat pelvic instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ FDA organ prolapse. FDA is convening this Comments submitted electronically, will review this copy, including the meeting to seek expert opinion on the including attachments, to https:// claimed confidential information, in its evaluation of the risks and benefits of www.regulations.gov will be posted to consideration of comments. The second these devices. The Committee will be the docket unchanged. Because your copy, which will have the claimed asked to provide scientific and clinical comment will be made public, you are confidential information redacted/ input on assessing the effectiveness, solely responsible for ensuring that your blacked out, will be available for public safety, and benefit/risk of mesh placed comment does not include any viewing and posted on https:// transvaginally in the anterior vaginal confidential information that you or a www.regulations.gov. Submit both compartment, as well as identifying the third party may not wish to be posted, copies to the Dockets Management Staff. appropriate patient population and such as medical information, your or If you do not wish your name and physician training needed for these anyone else’s Social Security number, or contact information be made publicly devices. confidential business information, such available, you can provide this FDA intends to make background as a manufacturing process. Please note information on the cover sheet and not material available to the public no later that if you include your name, contact in the body of your comments and you than 2 business days before the meeting. information, or other information that must identify the information as If FDA is unable to post the background identifies you in the body of your ‘‘confidential.’’ Any information marked material on its website prior to the comments, that information will be as ‘‘confidential’’ will not be disclosed meeting, the background material will posted on https://www.regulations.gov. except in accordance with 21 CFR 10.20 be made publicly available at the • If you want to submit a comment and other applicable disclosure law. For location of the advisory committee with confidential information that you more information about FDA’s posting meeting, and the background material do not wish to be made available to the of comments to public dockets, see 80 will be posted on FDA’s website after public, submit the comment as a FR 56469, September18, 2015, or access the meeting. Background material is written/paper submission and in the the information at: https://www.gpo.gov/ available at https://www.fda.gov/ manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- AdvisoryCommittees/Calendar/ Submissions’’ and ‘‘Instructions’’). 23389.pdf. default.htm. Scroll down to the

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appropriate advisory committee meeting DEPARTMENT OF HEALTH AND Open: 2:00 p.m. to 4:00 p.m. link. HUMAN SERVICES Agenda: To review the Division’s scientific and planning activities. Procedure: Interested persons may National Institutes of Health Place: National Institutes of Health, present data, information, or views, Natcher Conference Center (Building 45), orally or in writing, on issues pending National Institute of Diabetes and Conference Room E1/E2, 45 Center Drive, before the committee. Written Digestive and Kidney Diseases; Notice Bethesda, MD 20892. Contact Person: Karl F. Malik, Ph.D., submissions may be made to the contact of Meetings person on or before February 5, 2019. Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive Oral presentations from the public will Pursuant to section 10(d) of the Federal Advisory Committee Act, as and Kidney Diseases, 6707 Democracy Blvd. be scheduled on February 12, 2019, Room 7329, MSC 5452, Bethesda, MD 20892, between approximately 8:15 a.m. and amended, notice is hereby given of (301) 594–4757, [email protected]. meetings of the National Diabetes and 9:15 a.m. Those individuals interested Name of Committee: National Diabetes and in making formal oral presentations Digestive and Kidney Diseases Advisory Digestive and Kidney Diseases Advisory should notify the contact person and Council. Council, Kidney, Urologic and Hematologic submit a brief statement of the general The meetings will be open to the Diseases. nature of the evidence or arguments public as indicated below, with Date: January 16, 2019. attendance limited to space available. they wish to present, the names and Open: 1:00 p.m. to 2:15 p.m. Individuals who plan to attend and Agenda: To review the Division’s scientific addresses of proposed participants, and need special assistance, such as sign and planning activities. an indication of the approximate time language interpretation or other Place: National Institutes of Health, requested to make their presentation on reasonable accommodations, should Natcher Conference Center (Building 45), or before January 28, 2019. Time Conference Room F1/F2, 45 Center Drive, notify the Contact Person listed below allotted for each presentation may be Bethesda, MD 20892. in advance of the meeting. Closed: 2:30 p.m. to 4:00 p.m. limited. If the number of registrants The meetings will be closed to the requesting to speak is greater than can Agenda: To review and evaluate grant public in accordance with the applications. be reasonably accommodated during the provisions set forth in sections Place: National Institutes of Health, scheduled open public hearing session, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Natcher Conference Center (Building 45), FDA may conduct a lottery to determine as amended. The grant applications and Conference Room F1/F2, 45 Center Drive, the speakers for the scheduled open the discussions could disclose Bethesda, MD 20892. public hearing session. The contact confidential trade secrets or commercial Contact Person: Karl F. Malik, Ph.D., person will notify interested persons Director, Division of Extramural Activities, property such as patentable material, National Institutes of Diabetes and Digestive regarding their request to speak by and personal information concerning January 29, 2019. and Kidney Diseases, 6707 Democracy Blvd. individuals associated with the grant Room 7329, MSC 5452, Bethesda, MD 20892, Persons attending FDA’s advisory applications, the disclosure of which (301) 594–4757, [email protected]. committee meetings are advised that would constitute a clearly unwarranted Name of Committee: National Diabetes and FDA is not responsible for providing invasion of personal privacy. Digestive and Kidney Diseases Advisory access to electrical outlets. Name of Committee: National Diabetes and Council, Digestive Diseases and Nutrition. Date: January 16, 2019. For press inquiries, please contact the Digestive and Kidney Diseases Advisory Council. Open: 1:00 p.m. to 2:30 p.m. Office of Media Affairs at fdaoma@ Agenda: To review the Division’s scientific fda.hhs.gov or 301–796–4540. Date: January 16, 2019. Open: 8:30 a.m. to 12:00 p.m. and planning activities. FDA welcomes the attendance of the Agenda: To present the Director’s Report Place: National Institutes of Health, public at its advisory committee and other scientific presentations. Natcher Conference Center (Building 45), meetings and will make every effort to Place: National Institutes of Health, Conference Room D, 45 Center Drive, Natcher Conference Center (Building 45), Bethesda, MD 20892. accommodate persons with disabilities. Closed: 2:30 p.m. to 4:00 p.m. If you require accommodations due to a Conference Room E1/E2, 45 Center Drive, Bethesda, MD 20892. Agenda: To review and evaluate grant disability, please contact Artair Mallett Closed: 1:00 p.m. to 4:30 p.m. applications. at [email protected] or 301– Agenda: To review and evaluate grant Place: National Institutes of Health, 796–9638, at least 7 days in advance of applications. Natcher Conference Center (Building 45), the meeting. Place: National Institutes of Health, Conference Room D, 45 Center Drive, Bethesda, MD 20892. FDA is committed to the orderly Natcher Conference Center (Building 45), Conference Room E1/E2, 45 Center Drive, Contact Person: Karl F. Malik, Ph.D., conduct of its advisory committee Bethesda, MD 20892. Director, Division of Extramural Activities, meetings. Please visit our website at Contact Person: Karl F. Malik, Ph.D., National Institutes of Diabetes and Digestive https://www.fda.gov/ Director, Division of Extramural Activities, and Kidney Diseases, 6707 Democracy Blvd. AdvisoryCommittees/ National Institutes of Diabetes and Digestive Room 7329, MSC 5452, Bethesda, MD 20892, AboutAdvisoryCommittees/ and Kidney Diseases, 6707 Democracy Blvd. (301) 594–4757, [email protected]. ucm111462.htm for procedures on Room 7329, MSC 5452, Bethesda, MD 20892, Any interested person may file written public conduct during advisory (301) 594–4757, [email protected]. comments with the committee by forwarding committee meetings. Name of Committee: National Diabetes and the statement to the Contact Person listed on Digestive and Kidney Diseases Advisory this notice. The statement should include the Notice of this meeting is given under Council, Diabetes, Endocrinology and name, address, telephone number and when the Federal Advisory Committee Act (5 Metabolic Diseases. applicable, the business or professional U.S.C. app. 2). Date: January 16, 2019. affiliation of the interested person. Closed: 1:00 p.m. to 2:00 p.m. In the interest of security, NIH has Dated: December 3, 2018. Agenda: To review and evaluate grant instituted stringent procedures for entrance Leslie Kux, applications. onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles Associate Commissioner for Policy. Place: National Institutes of Health, Natcher Conference Center (Building 45), will be inspected before being allowed on [FR Doc. 2018–26626 Filed 12–7–18; 8:45 am] Conference Room E1/E2, 45 Center Drive, campus. Visitors will be asked to show one BILLING CODE 4164–01–P Bethesda, MD 20892. form of identification (for example, a

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government-issued photo ID, driver’s license, Name of Committee: Center for Scientific Date: January 29–30, 2019. or passport) and to state the purpose of their Review Special Emphasis Panel; Closed: January 29, 2019, 3:00 p.m. to 5:00 visit. Neurodevelopmental Brain Disorders. p.m. Information is also available on the Date: December 18, 2018. Agenda: To review and evaluate grant Institute’s/Center’s home page: Time: 1:00 p.m. to 3:00 p.m. applications. www.niddk.nih.gov/fund/divisions/DEA/ Agenda: To review and evaluate grant Place: National Institutes of Health, Council/coundesc.htm., where an agenda and applications. Natcher Building, Conference Rooms E1 & any additional information for the meeting Place: National Institutes of Health, 6701 E2, 45 Center Drive, Bethesda, MD 20892. will be posted when available. Rockledge Drive, Bethesda, MD 20892 Open: January 30, 2019, 8:00 a.m. to 1:30 (Telephone Conference Call). p.m. (Catalogue of Federal Domestic Assistance Contact Person: Pat Manos, Ph.D., Agenda: Call to order and report from the Program Nos. 93.847, Diabetes, Scientific Review Officer, Center for Director; Discussion of future meeting dates; Endocrinology and Metabolic Research; Scientific Review, National Institutes of Consideration of minutes of last meeting; 93.848, Digestive Diseases and Nutrition Health, 6701 Rockledge Drive, Room 5200, Reports from Task Force on Minority Aging Research; 93.849, Kidney Diseases, Urology MSC 7846, Bethesda, MD 20892, 301–408– Research, Working Group on Program; and Hematology Research, National Institutes 9866, [email protected]. Council Speaker; Program Highlights. of Health, HHS) This notice is being published less than 15 Place: National Institutes of Health, Dated: December 4, 2018. days prior to the meeting due to the timing Natcher Building, Conference Rooms E1 & E2, 45 Center Drive, Bethesda, MD 20892. Melanie J. Pantoja, limitations imposed by the review and funding cycle. Closed: January 30, 2019, 1:30 p.m. to 2:00 Program Analyst, Office of Federal Advisory p.m. Committee Policy. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; [FR Doc. 2018–26673 Filed 12–7–18; 8:45 am] applications. 93.333, Clinical Research, 93.306, 93.333, Place: National Institutes of Health, BILLING CODE 4140–01–P 93.337, 93.393–93.396, 93.837–93.844, Natcher Building, Conference Rooms E1 & 93.846–93.878, 93.892, 93.893, National E2, 45 Center Drive, Bethesda, MD 20892. Institutes of Health, HHS) Contact Person: Robin Barr, Director, DEPARTMENT OF HEALTH AND Dated: December 4, 2018. National Institute on Aging, Office of HUMAN SERVICES Extramural Activities, Gateway Building, Melanie J. Pantoja, 7201 Wisconsin Avenue, Bethesda, Md National Institutes of Health Program Analyst, Office of Federal Advisory 20814, (301) 496–9322, [email protected]. Committee Policy. Any interested person may file written Center for Scientific Review; Notice of [FR Doc. 2018–26676 Filed 12–7–18; 8:45 am] comments with the committee by forwarding Closed Meetings BILLING CODE 4140–01–P the statement to the Contact Person listed on this notice. The statement should include the Pursuant to section 10(d) of the name, address, telephone number and when Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND applicable, the business or professional affiliation of the interested person. amended, notice is hereby given of the HUMAN SERVICES In the interest of security, NIH has following meetings. instituted stringent procedures for entrance National Institutes of Health The meetings will be closed to the onto the NIH campus. All visitor vehicles, public in accordance with the including taxicabs, hotel, and airport shuttles National Institute on Aging; Notice of will be inspected before being allowed on provisions set forth in sections Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. campus. Visitors will be asked to show one Pursuant to section 10(d) of the form of identification (for example, a The grant applications and the government-issued photo ID, driver’s license, discussions could disclose confidential Federal Advisory Committee Act, as or passport) and to state the purpose of their trade secrets or commercial property amended, notice is hereby given of a visit. such as patentable material, and meeting of the National Advisory Information is also available on the personal information concerning Council on Aging. Institute’s/Center’s home page: individuals associated with the grant The meeting will be open to the www.nia.nih.gov/about/naca, where an applications, the disclosure of which public as indicated below, with agenda and any additional information for would constitute a clearly unwarranted attendance limited to space available. the meeting will be posted when available. invasion of personal privacy. Individuals who plan to attend and (Catalogue of Federal Domestic Assistance need special assistance, such as sign Program Nos. 93.866, Aging Research, Name of Committee: Center for Scientific language interpretation or other National Institutes of Health, HHS) Review Special Emphasis Panel; Shared Dated: December 4, 2018. Instrumentation: Confocal Microscopy and reasonable accommodations, should Imaging. notify the Contact Person listed below Melanie J. Pantoja, Date: December 17, 2018. in advance of the meeting. Program Analyst, Office of Federal Advisory Time: 2:00 p.m. to 3:00 p.m. The meeting will be closed to the Committee Policy. Agenda: To review and evaluate grant public in accordance with the [FR Doc. 2018–26675 Filed 12–7–18; 8:45 am] applications. provisions set forth in sections BILLING CODE 4140–01–P Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Rockledge Drive, Bethesda, MD 20892 as amended. The grant applications and (Telephone Conference Call). the discussions could disclose DEPARTMENT OF HEALTH AND Contact Person: Thomas Beres, Ph.D., confidential trade secrets or commercial HUMAN SERVICES Scientific Review Officer, Center for property such as patentable material, Scientific Review, National Institutes of and personal information concerning National Institutes of Health Health, 6701 Rockledge Drive, Rm. 5201, individuals associated with the grant MSC 7840, Bethesda, MD 20892, 301–435– National Institute on Minority Health 1175, [email protected]. applications, the disclosure of which would constitute a clearly unwarranted and Health Disparities; Amended This notice is being published less than 15 Notice of Meeting days prior to the meeting due to the timing invasion of personal privacy. limitations imposed by the review and Name of Committee: National Advisory Notice is hereby given of a change in funding cycle. Council on Aging. the meeting of the National Institute on

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Minority Health and Health Disparities Name of Committee: National Institute of would constitute a clearly unwarranted Special Emphasis Panel, December 12, Diabetes and Digestive and Kidney Diseases invasion of personal privacy. Special Emphasis Panel; Time Sensitive 2018 1:00 p.m. to December 12, 2018, Name of Committee: National Advisory 6:00 p.m., National Institutes of Health, Obesity and Diabetes Prevention. Date: January 8, 2019. General Medical Sciences Council. Gateway Building, 7201 Wisconsin Time: 11:00 a.m. to 12:30 p.m. Date: January 24–25, 2019. Ave., Suite 533, Bethesda, MD 20814, Agenda: To review and evaluate grant Closed: January 24, 2019, 9:00 a.m. to 5:00 which was published in the Federal applications. p.m. Register on October 31, 2018, 83 FR Place: National Institutes of Health, Two Agenda: To review and evaluate grant 54758. Democracy Plaza, 6707 Democracy applications. The meeting of the Special Emphasis Boulevard, Bethesda, MD 20892 (Telephone Place: National Institutes of Health, Panel; RCMI Research Coordinating Conference Call). Natcher Building, Conference Rooms E1 & E2, 45 Center Drive, Bethesda, MD 20892. Network (RRCN)(U54) has been Contact Person: Michele L. Barnard, Ph.D., Scientific Review Officer, Review Branch, Open: January 25, 2019, 8:30 a.m. to 12:00 cancelled, because the application to be p.m. reviewed, was withdrawn. The meeting DEA, NIDDK, National Institutes of Health, Room 7353, 6707 Democracy Boulevard, Agenda: For the discussion of program is closed to the public. Bethesda, MD 20892–2542, (301) 594–8898, policies and issues; opening remarks; report Dated: December 4, 2018. [email protected]. of the Director, NIGMS; and other business of the Council. Ronald J. Livingston, Jr., (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Program Analyst, Office of Federal Advisory Program Nos. 93.847, Diabetes, Natcher Building, Conference Rooms E1 & Committee Policy. Endocrinology and Metabolic Research; E2, 45 Center Drive, Bethesda, MD 20892. [FR Doc. 2018–26670 Filed 12–7–18; 8:45 am] 93.848, Digestive Diseases and Nutrition Contact Person: Ann A. Hagan, Ph.D., Research; 93.849, Kidney Diseases, Urology BILLING CODE 4140–01–P Associate Director for Extramural Activities, and Hematology Research, National Institutes NIGMS, NIH, DHHS, 45 Center Drive, Room of Health, HHS) 2AN24H, MSC6200, BETHESDA, MD 20892– DEPARTMENT OF HEALTH AND Dated: December 4, 2018. 6200, (301) 594–4499, hagana@ HUMAN SERVICES Melanie J. Pantoja, nigms.nih.gov. Program Analyst, Office of Federal Advisory Any interested person may file written National Institutes of Health Committee Policy. comments with the committee by forwarding the statement to the Contact Person listed on [FR Doc. 2018–26672 Filed 12–7–18; 8:45 am] National Institute of Diabetes and this notice. The statement should include the Digestive and Kidney Diseases; Notice BILLING CODE 4140–01–P name, address, telephone number and when of Closed Meetings applicable, the business or professional affiliation of the interested person. Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND In the interest of security, NIH has Federal Advisory Committee Act, as HUMAN SERVICES instituted stringent procedures for entrance amended, notice is hereby given of the onto the NIH campus. All visitor vehicles, following meetings. National Institutes of Health including taxicabs, hotel, and airport shuttles The meetings will be closed to the will be inspected before being allowed on National Institute of General Medical campus. Visitors will be asked to show one public in accordance with the Sciences; Notice of Meeting form of identification (for example, a provisions set forth in sections government-issued photo ID, driver’s license, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the or passport) and to state the purpose of their as amended. The grant applications and Federal Advisory Committee Act, as visit. the discussions could disclose amended, notice is hereby given of a Information is also available on the confidential trade secrets or commercial meeting of the National Advisory Institute’s/Center’s home page: http:// property such as patentable material, General Medical Sciences Council. www.nigms.nih.gov/About/Council, where an and personal information concerning The meeting will be open to the agenda and any additional information for individuals associated with the grant public as indicated below, with a short the meeting will be posted when available. applications, the disclosure of which public comment period at the end. (Catalogue of Federal Domestic Assistance would constitute a clearly unwarranted Attendance is limited by the space Program Nos. 93.859, Biomedical Research and Research Training, National Institutes of invasion of personal privacy. available. Individuals who plan to Health, HHS) Name of Committee: National Institute of attend and need special assistance, such Dated: December 4, 2018. Diabetes and Digestive and Kidney Diseases as sign language interpretation or other Special Emphasis Panel; Urology and reasonable accommodations, should Melanie J. Pantoja, Nephrology Clinical Small Business notify the Contact Person listed below Program Analyst, Office of Federal Advisory Applications. in advance of the meeting. The open Committee Policy. Date: December 21, 2018. session will also be videocast and can [FR Doc. 2018–26671 Filed 12–7–18; 8:45 am] Time: 2:00 p.m. to 4:00 p.m. be accessed from the NIH Videocasting BILLING CODE 4140–01–P Agenda: To review and evaluate grant applications. and Podcasting website (http:// Place: National Institutes of Health, 6706 videocast.nih.gov). Democracy Blvd., Bethesda, MD 20892 The meetings will be closed to the DEPARTMENT OF HEALTH AND (Telephone Conference Call). public in accordance with the HUMAN SERVICES Contact Person: Ryan G. Morris, Ph.D., provisions set forth in sections Scientific Review Officer, Review Branch, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health DEA, NIDDK, National Institutes of Health, as amended. The grant applications and Room 7015, 6707 Democracy Boulevard, National Institute of Biomedical the discussions could disclose Bethesda, MD 20892–2542, 301–594–4721, Imaging and Bioengineering; Notice of [email protected]. confidential trade secrets or commercial Meeting This notice is being published less than 15 property such as patentable material, days prior to the meeting due to the timing and personal information concerning Pursuant to section 10(d) of the limitations imposed by the review and individuals associated with The grant Federal Advisory Committee Act, as funding cycle. applications, the disclosure of which amended, notice is hereby given of a

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meeting of the National Advisory DEPARTMENT OF HEALTH AND Dated: December 3, 2018. Council for Biomedical Imaging and HUMAN SERVICES Natasha M. Copeland, Bioengineering. Program Analyst, Office of Federal Advisory The meeting will be open to the National Institutes of Health Committee Policy. public as indicated below, with [FR Doc. 2018–26596 Filed 12–7–18; 8:45 am] National Eye Institute; Notice of attendance limited to space available. BILLING CODE 4140–01–P Individuals who plan to attend and Meeting need special assistance, such as sign Pursuant to section 10(d) of the language interpretation or other DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, notice reasonable accommodations, should HUMAN SERVICES notify the Contact Person listed below is hereby given of a meeting of the National Advisory Eye Council. Substance Abuse and Mental Health in advance of the meeting. Services Administration The meeting will be closed to the The meeting will be open to the public in accordance with the public as indicated below, with Agency Information Collection provisions set forth in sections attendance limited to space available. Activities: Submission for OMB 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Individuals who plan to attend and Review; Comment Request as amended. The grant applications need special assistance, such as sign language interpretation or other Periodically, the Substance Abuse and and/or contract proposals and the Mental Health Services Administration discussions could disclose confidential reasonable accommodations, should notify the Contact Person listed below (SAMHSA) will publish a summary of trade secrets or commercial property information collection requests under in advance of the meeting. such as patentable material, and OMB review, in compliance with the personal information concerning The meeting will be closed to the Paperwork Reduction Act (44 U.S.C. individuals associated with the grant public in accordance with the Chapter 35). To request a copy of these applications and/or contract proposals, provisions set forth in sections documents, call the SAMHSA Reports the disclosure of which would 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Clearance Officer on (240) 276–1243. constitute a clearly unwarranted as amended. The grant applications Project: State Opioid Response (SOR) invasion of personal privacy. and/or contract proposals and the and Tribal Opioid Response (TOR) discussions could disclose confidential Name of Committee: National Advisory Program Data Collection and Council for Biomedical Imaging and trade secrets or commercial property Performance Measurement—NEW Bioengineering, NACBIB Council Meeting, such as patentable material, and January 2019. personal information concerning The Substance Abuse and Mental Date: January 23, 2019. individuals associated with the grant Health Services Administration’s Open: 8:30 a.m. to 11:45 a.m. applications and/or contract proposals, (SAMHSA) Center for Substance Abuse Agenda: Report from the Institute Director, Treatment (CSAT) is requesting other Institute Staff and Scientific the disclosure of which would constitute a clearly unwarranted approval from the Office of Management Presentations. and Budget (OMB) for data collection Place: The William F. Bolger Center, invasion of personal privacy. Franklin Building, Classroom 1, 9600 activities associated with the State Name of Committee: National Advisory Newbridge Drive, Potomac, MD 20854. Opioid Response (SOR) and Tribal Eye Council. Closed: 1:00 p.m. to 3:00 p.m. Opioid Response (TOR) discretionary Agenda: To review and evaluate grant Date: January 11, 2019. grant programs. Approval of this applications and/or proposals. Open: 8:30 a.m. to 12:00 p.m. information collection will allow Place: The William F. Bolger Center, Agenda: Following opening remarks by the SAMHSA to continue to meet the Franklin Building, Classroom 1, 9600 Director, NEI, there will be presentations by Government Performance and Results Newbridge Drive, Potomac, MD 20854. the staff of the Institute and discussions Modernization Act of 2010 (GPRMA) Contact Person: David T. George, Ph.D., concerning Institute programs. reporting requirements that quantify the Acting Associate Director, Office of Research Place: NIH, National Eye Institute, First effects and accomplishments of its Administration, National Institute of Floor Conference Rooms, 6700B Rockledge Biomedical Imaging and Bioengineering, discretionary grant programs which are Drive, Bethesda, MD 20817. consistent with OMB guidance. 6707 Democracy Boulevard, Room 920, Closed: 1:00 p.m. to 5:00 p.m. Bethesda, MD 20892. Information collected through this Agenda: To review and evaluate grant request will be used to monitor Any interested person may file written applications. comments with the committee by forwarding performance throughout the grant Place: NIH, National Eye Institute, First the statement to the Contact Person listed on period. this notice. The statement should include the Floor Conference Rooms, 6700B Rockledge There will be up to 359 award name, address, telephone number and when Drive, Bethesda, MD 20817. recipients (states, territories, and tribal applicable, the business or professional Contact Person: Paul A. Sheehy, Ph.D., entities) in these grant programs. affiliation of the interested person. Director, Division of Extramural Affairs, Grantee-level data will include Information is also available on the National Eye Institute, National Institutes of information related to naloxone Institute’s/Center’s home page: http:// Health, 5635 Fishers Lane, Suite 12300, purchases and distribution. This www.nibib1.nih.gov/about/NACBIB/ Bethesda, MD 20892, 301–451–2020, ps32h@ grantee-level information will be NACBIB.htm, where an agenda and any nih.gov. additional information for the meeting will collected quarterly. Information is also available on the be posted when available. All funded states/territories and tribal Institute’s/Center’s home page: entities will also be required to collect Dated: December 4, 2018. www.nei.nih.gov, where an agenda and any and report client-level data on Sylvia L. Neal, additional information for the meeting will individuals who are receiving opioid Program Analyst, Office of Federal Advisory be posted when available. treatment and/or recovery services to Committee Policy. (Catalogue of Federal Domestic Assistance ensure program goals and objectives are [FR Doc. 2018–26674 Filed 12–7–18; 8:45 am] Program Nos. 93.867, Vision Research, being met. Client-level data will include BILLING CODE 4140–01–P National Institutes of Health, HHS) information such as: Demographic

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information, services planned/received, baseline, three months post intake, six approximately 47 minutes per response. mental health/substance use disorder months post intake, and at discharge. CSAT’s estimate of the burden diagnoses, medical status, employment CSAT anticipates that the time associated with the client-level status, substance use, legal status, and required to collect and report the instrument includes an adjustment for psychiatric status/symptoms. Client- grantee-level information is data elements that are currently being level data will be collected at intake/ approximately 10 minutes per response, collected by entities that are likely to be and the time required to collect and funded by the SOR/TOR grant programs. report the client-level data is

TABLE 1—ESTIMATE OF ANNUALIZED HOUR BURDEN FOR SOR/TOR GRANTEES

Responses SAMHSA data collection Number of per Total number Burden hours Total burden respondents respondent of responses per response hours

Grantee-Level Instrument ...... 359 4 1,436 .17 244 Client Level Instrument: Baseline Interview ...... 165,000 1 165,000 .78 128,700 Client-Level Instrument: Follow-up Interview 1 ...... 132,000 2 264,000 .78 205,920 Client-Level Instrument: Discharge Interview 2 ...... 85,800 1 85,800 .78 66,924

CSAT Total ...... 165,359 ...... 516,236 ...... 401,788 Notes: 1 It is estimated that 80% of baseline clients will complete the three month and six month follow-up interviews. 2 It is estimated that 52% of baseline clients will complete this interview.

Written comments and ACTION: 60-Day Notice and request for via email [email protected]. Please recommendations concerning the comments; Extension of an existing note that the contact information proposed information collection should collection of information. provided here is solely for questions be sent by January 9, 2019 to the regarding this notice. Individuals SAMHSA Desk Officer at the Office of SUMMARY: The Department of Homeland seeking information about other CBP Information and Regulatory Affairs, Security, U.S. Customs and Border programs should contact the CBP Office of Management and Budget Protection will be submitting the National Customer Service Center at (OMB). To ensure timely receipt of following information collection request 877–227–5511, (TTY) 1–800–877–8339, comments, and to avoid potential delays to the Office of Management and Budget or CBP website at https://www.cbp. in OMB’s receipt and processing of mail (OMB) for review and approval in gov/. sent through the U.S. Postal Service, accordance with the Paperwork SUPPLEMENTARY INFORMATION: CBP commenters are encouraged to submit Reduction Act of 1995 (PRA). The invites the general public and other their comments to OMB via email to: information collection is published in Federal agencies to comment on the [email protected]. the Federal Register to obtain comments proposed and/or continuing information Although commenters are encouraged to from the public and affected agencies. collections pursuant to the Paperwork send their comments via email, Comments are encouraged and must be Reduction Act of 1995 (44 U.S.C. 3501 commenters may also fax their submitted (no later than February 8, et seq.). This process is conducted in comments to: 202–395–7285. 2019) to be assured of consideration. accordance with 5 CFR 1320.8. Written Commenters may also mail them to: ADDRESSES: Written comments and/or comments and suggestions from the Office of Management and Budget, suggestions regarding the item(s) public and affected agencies should Office of Information and Regulatory contained in this notice must include address one or more of the following Affairs, New Executive Office Building, the OMB Control Number 1651–0092 in four points: (1) Whether the proposed Room 10102, Washington, DC 20503. the subject line and the agency name. collection of information is necessary To avoid duplicate submissions, please for the proper performance of the Summer King, use only one of the following methods functions of the agency, including Statistician. to submit comments: whether the information will have [FR Doc. 2018–26659 Filed 12–7–18; 8:45 am] (1) Email: Submit comments to: CBP_ practical utility; (2) the accuracy of the BILLING CODE 4162–20–P [email protected]. agency’s estimate of the burden of the (2) Mail: Submit written comments to proposed collection of information, CBP Paperwork Reduction Act Officer, including the validity of the DEPARTMENT OF HOMELAND U.S. Customs and Border Protection, methodology and assumptions used; (3) SECURITY Office of Trade, Regulations and suggestions to enhance the quality, Rulings, Economic Impact Analysis utility, and clarity of the information to U.S. Customs and Border Protection Branch, 90 K Street NE, 10th Floor, be collected; and (4) suggestions to Washington, DC 20229–1177. minimize the burden of the collection of [1651–0092] FOR FURTHER INFORMATION CONTACT: information on those who are to Agency Information Collection Requests for additional PRA information respond, including through the use of Activities: Application for Withdrawal should be directed to Seth Renkema, appropriate automated, electronic, of Bonded Stores for Fishing Vessels Chief, Economic Impact Analysis mechanical, or other technological and Certificate of Use Branch, U.S. Customs and Border collection techniques or other forms of Protection, Office of Trade, Regulations information technology, e.g., permitting AGENCY: U.S. Customs and Border and Rulings, 90 K Street NE, 10th Floor, electronic submission of responses. The Protection (CBP), Department of Washington, DC 20229–1177, comments that are submitted will be Homeland Security. Telephone number (202) 325–0056 or summarized and included in the request

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for approval. All comments will become DEPARTMENT OF THE INTERIOR U.S. Postal Service Mail: BLM a matter of public record. Director (210), Attention: Protest Bureau of Land Management Coordinator, WO–210, P.O Box 71383, Overview of This Information Washington, DC 20024–1383 Collection [LLWO200000.Ll 1100000.PH0000.LXSGPL000000.18X.HAG Overnight Delivery: BLM Director Title: Application for Withdrawal of 18–0089] (210), Attention: Protest Coordinator, WO–210, 20 M Street SE, Room Bonded Stores for Fishing Vessels and Notice of Availability of the Northwest 2134LM, Washington, DC 20003 Certificate of Use. Colorado Proposed Resource FOR FURTHER INFORMATION CONTACT: OMB Number: 1651–0092. Management Plan Amendment and Bridget Clayton, Sage-Grouse Form Number: CBP Form 5125. Final Environmental Impact Statement Coordinator, BLM Colorado, telephone Current Actions: CBP proposes to AGENCY: Bureau of Land Management, (970) 244–3045; address 2815 H Road, extend the expiration date of this Interior. Grand Junction, CO 81506; email information collection with no change ACTION: Notice of Availability. [email protected]. Persons who use a to the burden hours or to the telecommunications device for the deaf SUMMARY: In accordance with the (TDD) may call the Federal Relay information collected. National Environmental Policy Act of Service (FRS) at 1–800–877–8339 to Type of Review: Extension (without 1969, as amended, (NEPA) and the contact Ms. Clayton. The FRS is change). Federal Land Policy and Management available 24 hours a day, 7 days a week, Abstract: CBP Form 5125, Application Act of 1976, as amended, (FLPMA) the to leave a message or question with Ms. for Withdrawal of Bonded Stores for Bureau of Land Management (BLM) has Clayton. You will receive a reply during Fishing Vessel and Certificate of Use, is prepared the Northwest Colorado normal business hours. used to request the permission of the Proposed Resource Management Plan SUPPLEMENTARY INFORMATION: The BLM CBP port director for the withdrawal (RMP) Amendment and Final prepared the Northwest Colorado Environmental Impact Statement (EIS) and lading of bonded merchandise Greater Sage-Grouse Proposed RMP for Greater Sage-Grouse Conservation (especially alcoholic beverages) for use Amendment and Final EIS to enhance for the Northwest Colorado Greater on board fishing vessels involved in cooperation with States by improving Sage-Grouse Sub-Region, and by this alignment with State management plans international trade. The applicant must notice is announcing its availability and certify on CBP Form 5125 that supplies and strategies for Greater Sage-Grouse, the opening of a protest period while continuing to conserve, enhance, on board were either consumed, or that concerning the Proposed RMP all unused quantities remain on board and restore Greater Sage-Grouse and its Amendment. habitat. and are adequately secured for use on DATES: The BLM planning regulations The BLM developed the proposed the next voyage. CBP uses this form to state that any person who meets the land use plan amendment in collect information such as the name conditions as described in the collaboration with Colorado Governor and identification number of the vessel, regulations may protest the BLM’s John Hickenlooper, State wildlife ports of departure and destination, and proposed RMP Amendment and Final managers, and other concerned information about the crew members. EIS. A person who meets the conditions organizations and individuals, largely The information collected on this form outlined in 43 CFR 1610.5–2 and wishes through the Western Governors is authorized by 19 U.S.C. 1309 and to file a protest must do so within 30 Association’s Sage-Grouse Task Force. 1317, and is provided for by 19 CFR days of the date that the Environmental Using its discretion and authority under 10.59(e) and 10.65. CBP Form 5125 is Protection Agency publishes its Notice the FLPMA, the BLM proposes accessible at: https://www.cbp.gov/ of Availability in the Federal Register. amending land use plans that address newsroom/publications/ A protest regarding the Proposed RMP Greater Sage-Grouse management to forms?title=5125 Amendment announced with this notice improve alignment with State of Affected Public: Carriers. must be filed by January 9, 2019. Colorado plans and management ADDRESSES: The Proposed RMP strategies, in accordance with the BLM’s Estimated Number of Respondents: Amendment and Final EIS is available multiple use and sustained yield 500. on the BLM ePlanning project website at mission. Estimated Number of Total Annual https://go.usa.gov/xP6Xa. Click the This Proposed RMP Amendment and Responses: 500. Documents and Report link on the left Final EIS is one of six separate planning Estimated Time per Response: 20 side of the screen to find the electronic efforts that are being undertaken in minutes. version of these materials. Hard copies response to the Secretary’s Order (SO) of the Proposed RMP Amendment/Final 3353 (Greater Sage-grouse Conservation Estimated Total Annual Burden EIS are also available for public and Cooperation with Western States) Hours: 165. inspection at the Colorado State Office and in accordance with SO 3349 Dated: December 4, 2018. and the Grand Junction Field Office. (American Energy Independence). The Seth D Renkema, All protests must be in writing (43 proposed plans refine the previous CFR 1610.5–2(a)(1)) and filed with the management plan adopted in 2015 and Branch Chief, Economic Impact Analysis BLM Director, either as a hard copy or aims to strike a regulatory balance and Branch, U.S. Customs and Border Protection. electronically via the BLM’s ePlanning build greater trust among neighboring [FR Doc. 2018–26669 Filed 12–7–18; 8:45 am] project website listed previously. To interests in Western communities. The BILLING CODE 9111–14–P submit a protest electronically, go to the Proposed RMP Amendment and Final ePlanning project website and follow EIS proposes to amend the RMPs for the protest instructions highlighted at field offices on BLM-administered lands the top of the home page. If submitting within Colorado. The current a protest in hard copy, it must be mailed management decisions for resources are to one of the following addresses: described in the following RMPs:

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• Colorado River Valley RMP (BLM as the BLM’s Preferred Alternative. SUMMARY: In accordance with the 2015) Identification of this alternative, National Environmental Policy Act • Grand Junction RMP (BLM 2015) however, does not represent final (NEPA) of 1969, as amended, and the • Kremmling RMP (BLM 2015) agency direction. The Proposed RMP Federal Land Policy and Management • Little Snake RMP (BLM 2011) • Amendment is a refinement of the Act (FLPMA) of 1976, as amended, the White River RMP (BLM 1997) and Management Alignment Alternative Bureau of Land Management (BLM) has associated amendments, including the from the Draft RMP Amendment and prepared the Oregon Proposed Resource White River Oil and Gas Amendment Draft EIS, with consideration given to Management Plan (RMP) Amendment (BLM 2015) public comments, corrections, and and Final Environmental Impact The Northwest Colorado Greater Sage- rewording for clarification of purpose Statement (EIS) for Greater Sage-Grouse Grouse Proposed RMP Amendment and and intent. Conservation for the Oregon Greater Final EIS planning area is part of the Instructions for filing a protest with Sage-Grouse Sub-Region and, by this larger Rocky Mountain Region and notice, is announcing its availability. encompasses approximately 15 million the Director of the BLM regarding the acres, including 8.5 million acres of Proposed RMP Amendment and Final DATES: The BLM planning regulations public lands managed by five BLM field EIS may be found online at https:// state that any person who meets the offices in the 10 northwest Colorado www.blm.gov/programs/planning-and- conditions as described in the counties of Eagle, Garfield, Grand, nepa/public-participation/filing-a-plan- regulations may protest the BLM’s Jackson, Larimer, Mesa, Moffat, Rio protest and at 43 CFR 1610.5–2. All Proposed RMP Amendment/Final EIS. Blanco, Routt, and Summit. The protests must be in writing and mailed A person who meets the conditions planning area encompasses National to the appropriate address, as set forth outlined in 43 CFR 1610.5–2 and wishes Park Service, US Department of Defense, in the ADDRESSES section above or to file a protest must do so within 30 US Forest Service, US Fish and Wildlife submitted electronically through the days of the date that the Environmental Service, State of Colorado, county, city, BLM ePlanning project website as Protection Agency publishes its Notice and private lands. Decisions in this described above. Protests submitted of Availability in the Federal Register. RMP Amendment apply solely to BLM- electronically by any means other than A protest regarding the Proposed RMP administered surface (totaling the ePlanning project website protest Amendment announced with this notice approximately 1.7 million acres) and section will be invalid unless a protest must be filed by January 9, 2019. BLM-administered Federal mineral is also submitted in hard copy. Protests ADDRESSES: The Proposed RMP estate (approximately 2.1 million acres) submitted by fax will also be invalid Amendment/Final EIS is available on within Greater Sage-Grouse habitat. unless also submitted either through the BLM ePlanning project website at The formal public scoping process for ePlanning project website protest https://goo.gl/4CNtH8. Click the the RMP Amendment/EIS began on section or in hard copy. Documents and Report link on the left October 11, 2017, with publication of a Before including your address, phone side of the screen to find the electronic Notice of Intent in the Federal Register number, email address, or other version of these materials. Hard copies (82 FR 47248) and ended on December personal identifying information in your of the Proposed RMP Amendment/Final 1, 2017. BLM Colorado held a public protest, please be aware that your entire EIS are also available for public scoping meeting in Craig, Colorado on protest, including your personal inspection at the Burns, Lakeview, and November 8, 2017. identifying information, may be made Vale BLM District Offices. The Notice of Availability for the publicly available at any time. While All protests must be in writing (43 Draft Supplemental EIS was published you can ask us in your comment to CFR 1610.5–2(a)(1)) and filed with the on October 11, 2017, and the BLM withhold your personal identifying BLM Director, either as a hard copy or accepted public comments on the range information from public review, we electronically via the BLM’s ePlanning of alternatives, effects analysis and Draft cannot guarantee that we will be able to project website listed previously. To RMP amendments for 90 days, ending do so. submit a protest electronically, go to the on August 2, 2018. During the public Authority: 40 CFR 1506.6, 40 CFR 1506.10, ePlanning project website and follow comment period, two public meetings 43 CFR 1610.2, 43 CFR 1610.5 the protest instructions highlighted at were held in Silt and Craig, Colorado. the top of the home page. The Northwest Colorado Proposed RMP Kristin M. Bail, If submitting a protest in hard copy, Amendment and Final EIS focused on Assistant Director, Resources and Planning. it must be mailed to one of the following the issue of allowing greater flexibility [FR Doc. 2018–26699 Filed 12–7–18; 8:45 am] addresses: for the BLM to work with the State of BILLING CODE 4310–33–P U.S. Postal Service Mail: BLM Colorado on issues related to fluid Director (210), Attention: Protest minerals management and mitigation. Coordinator, WO–210, P.O Box 71383, The Proposed RMP Amendment and DEPARTMENT OF THE INTERIOR Washington, DC 20024–1383 Final EIS evaluated two alternatives in Overnight Delivery: BLM Director detail, including the No Action Bureau of Land Management (210), Attention: Protest Coordinator, Alternative (Alternative A) and one WO–210, 20 M Street SE, Room action alternative (Alternative B). [LLWO200000.L11100000. 2134LM, Washington, DC 20003 Comments on the Draft RMP PH0000.LXSGPL000000. 18X. HAG 19–0014] FOR FURTHER INFORMATION CONTACT: Jim Amendment/Draft EIS received from the Regan-Vienop, Planning and Notice of Availability of the Oregon public and internal BLM review were Environmental Coordinator, at (503) Proposed Resource Management Plan considered and incorporated as 808–6062; address, 1220 SW 3rd Ave. Amendment and Final Environmental appropriate into the proposed plan Suite 1305, Portland, OR 97204; email, Impact Statement amendment. Alternative A would retain [email protected]. Persons who use the current management goals, AGENCY: Bureau of Land Management, a telecommunications device for the objectives, and direction specified in the Interior. deaf (TDD) may call the Federal Relay current RMPs, as amended, for each Service (FRS) at 1–800–877–8339. The ACTION: Notice of availability. field office. Alternative B was identified FRS is available 24 hours a day, 7 days

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a week, to leave a message or question acres of public lands, all of which is that your entire comment—including with Mr. Regan-Vienop. You will Greater Sage-Grouse habitat. Surface your personally identifiable receive a reply during normal business management decisions made as a result information—may be made publicly hours. of this Proposed RMP Amendment/ available at any time. While you can ask SUPPLEMENTARY INFORMATION: The BLM Final EIS will apply only to lands the BLM in your comment to withhold prepared the Oregon Greater SageGrouse administered by the BLM in the your personally identifiable information Proposed RMP Amendment/Final EIS to decision area. from public review, we cannot enhance cooperation with States by The formal public scoping process for guarantee that we will be able to do so. the RMP Amendment/EIS began on improving alignment with State Authority: 40 CFR 1506.6, 40 CFR 1506.10, management plans and strategies for October 11, 2017, with publication of a 43 CFR 1610.2, 43 CFR 1610.5 Greater Sage-Grouse, while continuing Notice of Intent in the Federal Register Christopher J. McAlear, to conserve, enhance, and restore (82 FR 47248), and ended on December Greater Sage-Grouse and its habitat. The 1, 2017. The BLM held one public Acting State Director, Oregon/Washington, Bureau of Land Management. Proposed RMP Amendment/Final EIS scoping meeting in Burns, Oregon on also addresses a legal vulnerability, November 7, 2017. [FR Doc. 2018–26701 Filed 12–7–18; 8:45 am] The Oregon Draft RMP Amendment/ which was exposed when a Federal BILLING CODE 4310–33–P Draft EIS focused on the availability or District Court in Nevada determined unavailability of livestock grazing in 13 that the BLM had violated the NEPA key Research Natural Areas and DEPARTMENT OF THE INTERIOR when it finalized the 2015 plans. mitigation. Research Natural Areas are a The BLM developed the proposed subset type of Areas of Critical Bureau of Land Management land use plan amendment in Environmental Concern. The Draft RMP [LLWO200000.Ll collaboration with Oregon Governor Amendment/Draft EIS evaluated two Kate Brown, State wildlife managers, 1100000.PH0000.LXSGPL000000.18X.HAG alternatives in detail, including the No 18–0089] and other concerned organizations and Action Alternative (Alternative A) and individuals, largely through the Western one action alternative (Alternative B, Notice of Availability of the Wyoming Governors Association’s Sage-Grouse Management Alignment Alternative). Proposed Resource Management Plan Task Force. Using its discretion and Comments on the Draft RMP Amendment and Final Environmental authority under the FLPMA, the BLM Amendment/Draft EIS received from the Impact Statement proposes amending land use plans that public and internal BLM review were address Greater Sage-Grouse AGENCY: Bureau of Land Management, considered and incorporated as Interior. management to improve alignment with appropriate into the proposed RMP ACTION: State of Oregon plans and management Amendment/Final EIS. Alternative A Notice of Availability. strategies, in accordance with the BLM’s would retain the current management SUMMARY: In accordance with the multiple use and sustained yield goals, objectives, and direction specified mission. This Proposed RMP National Environmental Policy Act of in the current RMPs, as amended, for 1969, as amended, (NEPA) and the Amendment/Final EIS is one of six each field office. Alternative B was separate planning efforts that are being Federal Land Policy and Management identified as the BLM’s preferred Act of 1976, as amended, (FLPMA) the undertaken in response to the alternative in the Draft RMP Secretary’s Order (SO) 3353 (Greater Bureau of Land Management (BLM) has Amendment/Draft EIS for the purposes prepared the Wyoming Proposed Sage-grouse Conservation and of public comment and review. Cooperation with Western States) and in Resource Management Plan (RMP) Identification of this alternative, Amendment and Final Environmental accordance with SO 3349 (American however, does not represent final Energy Independence). The proposed Impact Statement (EIS) for Greater Sage- agency direction. Grouse Conservation for the Wyoming plans refine the previous management Instructions for filing a protest with plan adopted in 2015 and aims to strike Greater Sage-Grouse Sub-Region and by the Director of the BLM regarding the this notice is announcing its availability a regulatory balance and build greater Proposed RMPA/Final EIS may be trust among neighboring interests in and the opening of a protest period found online at https://www.blm.gov/ concerning the Proposed RMP Western communities. The Proposed programs/planning-and-nepa/public- Amendment. RMP Amendment/Final EIS proposes to participation/filing-a-plan-protest and amend the RMPs for field offices on at 43 CFR 1610.5–2. All protests must be DATES: The BLM planning regulations BLM-administered lands within Oregon. in writing and mailed to the appropriate state that any person who meets the The current management decisions for address, as set forth in the ADDRESSES conditions as described in the resources are described in the following section above or submitted regulations may protest the BLM’s RMPs: electronically through the BLM proposed RMP Amendment and Final • Andrews (2005) ePlanning project website as described EIS. A person who meets the conditions • Baker (1989) above. Protests submitted electronically outlined in 43 CFR 1610.5–2 and wishes • Brothers/La Pine (1989) by any means other than the ePlanning to file a protest must do so within 30 • Lakeview (2003) project website protest section will be days of the date that the Environmental • Southeastern Oregon (2002) invalid unless a protest is also Protection Agency publishes its Notice • Steens (2005) submitted in hard copy. Protests of Availability in the Federal Register. • Three Rivers (1992) submitted by fax will also be invalid A protest regarding the Proposed RMP • Upper Deschutes (2005) unless also submitted either through Amendment announced with this notice The planning area includes ePlanning project website protest must be filed by January 9, 2019. approximately 60,649 acres of lands section or in hard copy. ADDRESSES: The Proposed RMP administered by the BLM in three Before including your address, phone Amendment and Final EIS is available Oregon counties: Harney, Lake, and number, email address, or other on the BLM ePlanning project website at Malheur. Within the decision area, the personally identifiable information in https://goo.gl/FoqAn9. Click the BLM administers approximately 21,959 your comment, you should be aware Documents and Report link on the left

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side of the screen to find the electronic strategies, in accordance with the BLM’s meetings were held, one in Cheyenne version of these materials. Hard copies multiple use and sustained yield and one in Pinedale. of the Proposed RMP Amendment and mission. The Wyoming Draft RMP This Proposed RMP Amendment and Final EIS are available for public Amendment/Draft EIS focused on the Final EIS is one of six separate planning inspection at the Wyoming State Office. issues of designation of sagebrush focal All protests must be in writing (43 CFR efforts that are being undertaken in areas, mitigation standards, clarification 1610.5–2(a)(1)) and filed with the BLM response to Secretary’s Order (SO) 3353 of habitat objectives tables, adjustments Director, either as a hard copy or (Greater Sage-Grouse Conservation and to habitat boundaries to reflect new electronically via the BLM’s ePlanning Cooperation with Western States) and in project website listed previously. To accordance with SO 3349 (American information, and reversing adaptive submit a protest electronically, go to the Energy Independence). The proposed management responses when the BLM ePlanning project website and follow plans refine the previous management determines that resource conditions no the protest instructions highlighted at plan adopted in 2015 and aims to strike longer warrant those responses. The the top of the home page. a regulatory balance and build greater Draft RMP Amendment/Draft EIS If submitting a protest in hard copy, trust among neighboring interests in evaluated two alternatives in detail, it must be mailed to one of the following Western communities. The Proposed including the No Action Alternative addresses: RMP Amendment and Final EIS (Alternative A) and one action U.S. Postal Service Mail: BLM proposes to amend the RMPs for field alternative (Alternative B). Comments Director (210), Attention: Protest offices on BLM-administered lands on the Draft RMP Amendment/Draft EIS Coordinator, WO–210, P.O. Box 71383, within BLM Wyoming boundaries. The received from the public and internal Washington, DC 20024–1383. current management decisions for BLM review were considered and Overnight Delivery: BLM Director resources are described in the following incorporated as appropriate into the (210), Attention: Protest Coordinator, RMPs: proposed plan amendment. Alternative WO–210, 20 M Street SE, Room • Buffalo RMP (2015) • A would retain the current management 2134LM, Washington, DC 20003. Casper RMP (2007) goals, objectives, and direction specified • Cody RMP (2015) FOR FURTHER INFORMATION CONTACT: in the current RMPs, as amended, for • Kemmerer RMP (2010) Jenny Marzluf, Greater Sage-grouse • each field office. Alternative B has been Implementation Coordinator by Lander RMP (2014) • Newcastle RMP (2000) identified as the BLM’s Preferred telephone, 307–775–6090; at the address • Pinedale RMP (2008) Alternative. Identification of this above; or by email, [email protected]. • Rawlins RMP (2008) alternative, however, does not represent Persons who use a telecommunications • Green River RMP (1997) final agency direction. device for the deaf (TDD) may call the • Worland RMP (2015) Instructions for filing a protest with Federal Relay Service (FRS) at 1–800– The planning area includes the Director of the BLM regarding the 877–8339 to contact Ms. Marzluf. The approximately 60 million acres of BLM, FRS is available 24 hours a day, 7 days National Park Service, U.S. Forest Proposed RMP Amendment and Final a week, to leave a message or question Service, U.S. Bureau of Reclamation, EIS may be found online at https:// with Ms. Marzluf. You will receive a State, local, and private lands located in www.blm.gov/programs/planning-and- reply during normal business hours. Wyoming, in 20 counties: Albany, nepa/public-participation/filing-a-plan- SUPPLEMENTARY INFORMATION: The BLM Bighorn, Campbell, Carbon, Converse, protest and at 43 CFR 1610.5–2. All prepared the Wyoming Greater Sage- Crook, Fremont, Hot Springs, Johnson, protests must be in writing and mailed Grouse Proposed RMP Amendment and Lincoln, Natrona, Niobrara, Park, to the appropriate address, as set forth Final EIS to enhance cooperation with Sheridan, Sublette, Sweetwater, Teton, in the ADDRESSES section above or the States by improving alignment with Uinta, Washakie, and Weston. Within submitted electronically through the state management plans and strategies the decision area, the BLM administers BLM ePlanning project website as for Greater Sage-Grouse, while approximately 18 million acres of described above. Protests submitted continuing to conserve, enhance, and public land, providing approximately 17 electronically by any means other than restore Greater Sage-Grouse and its million acres of Priority and General the ePlanning project website protest habitat. The Proposed RMP Amendment Greater Sage-Grouse habitat. Surface section will be invalid unless a protest and Final EIS also addresses the issues management decisions made as a result is also submitted in hard copy. Protests remanded to the agency by a March 31, of this Proposed RMP Amendment and submitted by fax will also be invalid 2017 Order by the United States District Final EIS will apply only to BLM- unless also submitted either through Court for the District of Nevada, which administered lands in the decision area. ePlanning project website protest determined that the BLM had violated The formal public scoping process for section or in hard copy. the NEPA when it finalized the 2015 the RMP Amendment and EIS began on Nevada plan. October 11, 2017, with publication of a Before including your address, phone The BLM developed the proposed Notice of Intent in the Federal Register number, email address, or other land use plan amendment in (82 FR 47248) and ended on December personal identifying information in your collaboration with Wyoming Governor 1, 2017. The BLM in Wyoming held protest, please be aware that your entire Matt Mead, state wildlife managers, and public scoping meetings in Cheyenne, protest, including your personal other concerned organizations and Wyoming, and Pinedale, Wyoming in identifying information, may be made individuals, largely through the Western November of 2017. The Notice of publicly available at any time. While Governors Association’s Sage-Grouse Availability for the Draft Supplemental you can ask us in your comment to Task Force. Using its discretion and EIS was published on May 4, 2018, and withhold your personal identifying authority under FLPMA, the BLM the BLM accepted public comments on information from public review, we proposes amending land use plans that the range of alternatives, effects analysis cannot guarantee that we will be able to address Greater Sage-Grouse and draft RMP amendments for 90 days, do so. management to improve alignment with ending on August 2, 2018. During the individual state plans or management public comment period, two public

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Authority: 40 CFR 1506.6, 40 CFR 1506.10, Coordinator, WO–210, P.O. Box 71383, EIS proposes to amend the (RMPs) for 43 CFR 1610.2, 43 CFR 1610.5 Washington, DC 20024–1383. field offices on BLM-administered lands Duane Spencer, Overnight Delivery: BLM Director within BLM Utah boundaries. The (210), Attention: Protest Coordinator, current management decisions for Acting BLM Wyoming State Director. WO–210, 20 M Street SE, Room resources are described in the following [FR Doc. 2018–26700 Filed 12–7–18; 8:45 am] 2134LM, Washington, DC 20003. RMPs: BILLING CODE 4310–22–P • FOR FURTHER INFORMATION CONTACT: Box Elder Resource Management Quincy Bahr, Greater Sage-Grouse RMP Plan (1986) • Cedar/Beaver/Garfield/Antimony DEPARTMENT OF THE INTERIOR Project Manager; telephone 801–539– 4122; address 440 West 200 South, Suite Resource Management Plan (1986) • Grand Staircase-Escalante National Bureau of Land Management 500, Salt Lake City, UT 84101; or by email [email protected]. Persons who use Monument Management Plan (2000) [LLWO200000.18X • House Range Resource Management a telecommunications device for the L11100000.PH0000.LXSGPL000000] Plan (1987) deaf (TDD) may call the Federal Relay • Kanab Resource Management Plan Notice of Availability of the Utah Service (FRS) at 1–800–877–8339 to (2008) Greater Sage-Grouse Proposed contact Mr. Bahr. The FRS is available • Park City Management Framework Resource Management Plan 24 hours a day, 7 days a week, to leave Plan (1975) Amendment and Final Environmental a message or question with Mr. Bahr. • Pinyon Management Framework Impact Statement, Utah You will receive a reply during normal Plan (1978) business hours. • Pony Express Resource AGENCY: Bureau of Land Management, SUPPLEMENTARY INFORMATION: The BLM Management Plan (1990) Interior. prepared the Proposed RMP • Price Resource Management Plan ACTION: Notice of availability. Amendment and Final EIS to analyze a (2008) • range of alternatives that will continue Randolph Management Framework SUMMARY: In accordance with the conserving, enhancing, and restoring Plan (1980) • National Environmental Policy Act of Greater Sage-Grouse and its habitat, Richfield Resource Management 1969, as amended, and the Federal Land Plan (2008) while improving alignment with state • Policy and Management Act of 1976, as management strategies for Greater Sage- Salt Lake District Isolated Tracts amended, the Bureau of Land Grouse. The plan also addresses a legal Planning Analysis (1985) • Vernal Resource Management Plan Management (BLM) has prepared the vulnerability, which was exposed when Utah Greater Sage-Grouse Proposed (2008) a Federal District Court in Nevada • Warm Springs Resource Resource Management Plan (Proposed determined that the BLM had violated RMP) Amendment and Final Management Plan (1987) the National Environmental Policy Act The planning area includes Environmental Impact Statement (Final when it finalized the 2015 plans. EIS) for the Utah Greater Sage-Grouse approximately 48,158,700 acres of BLM, The BLM developed the proposed National Park Service, United States Sub-Region. By this Notice, the BLM is land use plan amendment in announcing the opening of a protest Forest Service, U.S. Bureau of collaboration with Utah Governor Gary Reclamation, State, local, and private period concerning the Proposed RMP Herbert, state wildlife managers, and Amendment and Final EIS. lands located in Utah, in 27 counties: other concerned organizations and Beaver, Box Elder, Cache, Carbon, DATES: A protest regarding the Proposed individuals, largely through the Western Daggett, Davis, Duchesne, Emery, RMP Amendment announced with this Governors Association’s Sage-Grouse Garfield, Grand, Iron, Juab, Kane, notice must be filed by January 9, 2019. Task Force. Using its discretion and Millard, Morgan, Piute, Rich, Salt Lake, ADDRESSES: The Proposed RMP authority under the Federal Land Policy Sanpete, Sevier, Summit, Tooele, Amendment/Final EIS is available on and Management Act, the BLM proposes Uintah, Utah, Wasatch, Wayne, and the BLM ePlanning project website at amending its land use plans that Weber. Within the decision area, which https://go.usa.gov/xP8xc. Click the address Greater Sage-Grouse is limited to the portions of the planning Documents and Report link on the left management to improve alignment with area where the decisions from this side of the screen to find the electronic the State of Utah’s plan, in accordance process may apply, the BLM version of these materials. Hard copies with the BLM’s multiple use and administers approximately 4 million of the Proposed RMP Amendment and sustained yield mission. Under the acres of public land, providing Final EIS are available for public Federal Land Policy and Management approximately 3.4 million acres of inspection at the BLM Utah State Office, Act, the BLM is required by law to work Greater Sage-Grouse habitat. Surface 440 West 200 South, Suite 500, Salt cooperatively with states on land-use management decisions made as a result Lake City, UT 84101 or on the project plans and amendments. of this Proposed RMP Amendment and website listed above. This Proposed RMP Amendment/ Final EIS will apply only to BLM- All protests must be in writing (43 Final EIS is one of six separate planning administered lands in the decision area. CFR 1610.5–2(a)(1)) and filed with the efforts that are being undertaken in The formal public scoping process for BLM Director, either as a hard copy or response to the Secretary’s Order (SO) the RMP Amendment/EIS began on electronically via the BLM’s ePlanning 3353 (Greater Sage-grouse Conservation October 11, 2017, with publication of a project website listed previously. To and Cooperation with Western States) Notice of Intent in the Federal Register submit a protest electronically, go to the and in accordance with SO 3349 (82 FR 47248) and ended on December ePlanning project website and follow (American Energy Independence). The 1, 2017. The BLM Utah held public the protest instructions highlighted at proposed plans refine the previous scoping meetings on November 14, the top of the home page. If submitting management plan adopted in 2015 and 2017, in Vernal, Utah; on November 15, a protest in hard copy, it must be mailed aims to strike a regulatory balance and 2017, in Cedar City, Utah; and on to one of the following addresses: build greater trust among neighboring November 16, 2017, in Snowville, Utah. U.S. Postal Service Mail: BLM interests in Western communities. The On May 4, 2018, the Notice of Director (210), Attention: Protest Proposed RMP Amendment and Final Availability for the Draft RMP

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Amendment/EIS was published, and the submitted electronically through the conditions as described in the BLM accepted public comments on the BLM ePlanning project website as regulations may protest the BLM’s range of alternatives, effects analysis described above. Protests submitted Proposed RMP Amendment and Final and Draft RMP Amendment/EIS for 90 electronically by any means other than EIS. A person who meets the conditions days, ending on August 2, 2018. During the ePlanning project website protest outlined in 43 CFR 1610.5–2 and wishes the public comment period public section will be invalid unless a protest to file a protest must do so within 30 meetings were held in the following is also submitted in hard copy. Protests days of the date that the Environmental locations in Utah: June 26, 2018, in submitted by fax will also be invalid Protection Agency publishes its Notice Cedar City, Utah; June 27, 2018 in unless also submitted either through of Availability in the Federal Register. Vernal, Utah; and June 28, 208, in ePlanning project website protest A protest regarding the Proposed RMP Randolph, Utah. section or in hard copy. Amendment announced with this notice The Draft RMP Amendment/EIS Before including your address, phone must be filed by January 9, 2019. focused on the following issues: number, email address, or other ADDRESSES: The Proposed RMP Sagebrush focal area designation; personal identifying information in your Amendment and Final EIS is available disturbance and density caps; protest, please be aware that your entire on the BLM ePlanning project website at mitigation; modification of habitat protest, including your personal https://goo.gl/uz89cT. Click the objectives; changes to fluid mineral identifying information, may be made Documents and Report link on the left leasing waivers, exceptions and publicly available at any time. While side of the screen to find the electronic modification criteria; the need for you can ask us in your comment to version of these materials. Hard copies General Habitat Management Areas; withhold your personal identifying of the Proposed RMP Amendment\Final exceptions to Greater Sage-Grouse information from public review, we EIS are available for public inspection at management within non-habitat cannot guarantee that we will be able to the BLM Nevada State Office, 1340 portions of Priority Habitat Management do so. Financial Boulevard, Reno, Nevada Areas; lek buffers; reversing adaptive 89502, and the BLM California State management responses when the BLM Authority: 40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2, 43 CFR 1610.5 Office, 2800 Cottage Way # W1623, determines that resource conditions no Sacramento, California 95825. longer warrant those responses; Edwin L. Roberson, All protests must be in writing (43 prioritization of mineral leasing; land BLM Utah State Director. CFR 1610.5–2(a)(1)) and filed with the disposals and exchanges; predation; [FR Doc. 2018–26698 Filed 12–7–18; 8:45 am] BLM Director, either as a hard copy or burial of transmission lines; decisions BILLING CODE 4310–33–P electronically via the BLM’s ePlanning that require analysis of specific project website listed previously. To alternatives during implementation; submit a protest electronically, go to the adjustment of habitat boundaries to DEPARTMENT OF THE INTERIOR ePlanning project website and follow reflect new information; grazing systems the protest instructions highlighted at and prioritization of grazing permits; Bureau of Land Management the top of the home page. water developments management in [LLWO200000.Ll If submitting a protest in hard copy, relation to water rights; travel and 1100000.PH0000.LXSGPL000000.18X.HAG it must be mailed to one of the following transportation management planning; 18–0089] addresses: and surface coal mining. The Draft RMP U.S. Postal Service Mail: BLM Amendment/EIS evaluated two Notice of Availability of the Nevada Director (210), Attention: Protest alternatives in detail, including the No- and Northeastern California Greater Coordinator, WO–210, P.O Box 71383, Action Alternative and one action Sage-Grouse Proposed Resource Washington, DC 20024–1383. alternative, the Management Alignment Management Plan Amendment and Overnight Delivery: BLM Director Alternative. Comments on the Draft Final Environmental Impact Statement (210), Attention: Protest Coordinator, RMP Amendment/EIS received from the AGENCY: Bureau of Land Management, WO–210, 20 M Street SE, Room public and internal BLM review were 2134LM, Washington, DC 20003. considered and incorporated as Interior. FOR FURTHER INFORMATION CONTACT: appropriate into the Proposed RMP ACTION: Notice of availability. Amendment and Final EIS. The No- Matthew Magaletti, Sage-Grouse Lead, Action Alternative would retain the SUMMARY: In accordance with the telephone, 775–861–6472; address, 1340 management goals, objectives, and National Environmental Policy Act of Financial Blvd., Reno, Nevada 89502; direction specified in the current RMPs, 1969, as amended, (NEPA) and the email, [email protected]. Persons who as amended in 2015, for each field Federal Land Policy and Management use a telecommunications device for the office. The Management Alignment Act of 1976, as amended (FLPMA), the deaf (TDD) may call the Federal Relay Alternative has been identified as the Bureau of Land Management (BLM) has Service (FRS) at 1–800–877–8339 to BLM’s Preferred Alternative. prepared the Nevada and Northeastern contact Mr. Magaletti. The FRS is Identification of this alternative, California Greater Sage-Grouse Proposed available 24 hours a day, 7 days a week, however, does not represent final Resource Management Plan (RMP) to leave a message or question with Mr. agency direction. Amendment and Final Environmental Magaletti. You will receive a reply Instructions for filing a protest with Impact Statement (EIS) for Greater Sage- during normal business hours. the Director of the BLM regarding the Grouse Conservation for the Nevada and SUPPLEMENTARY INFORMATION: The BLM Proposed RMP Amendment/Final EIS Northeastern California Greater Sage- prepared the Nevada and Northeastern may be found online at https:// Grouse Sub-Region, and by this notice is California Greater Sage-Grouse Proposed www.blm.gov/programs/planning-and- announcing its availability and the RMP Amendment and Final EIS to nepa/public-participation/filing-a-plan- opening of a protest period concerning enhance cooperation with the States by protest and at 43 CFR 1610.5–2. All the Proposed RMP Amendment and improving alignment with state protests must be in writing and mailed Final EIS. management plans and strategies for to the appropriate address, as set forth DATES: The BLM planning regulations Greater Sage-Grouse, while continuing in the ADDRESSES section above or state that any person who meets the to conserve, enhance, and restore

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Greater Sage-Grouse and its habitat. The Storey, Washoe, and White Pine. Within Management Alignment Alternative has Proposed RMP Amendment and Final the decision area, the BLM administers been identified as the BLM’s Preferred EIS also addresses the issues remanded approximately 45.4 million acres of Alternative. Identification of this to the agency by a March 31, 2017 Order public lands, providing approximately alternative, however, does not represent by the United States District Court for 20.5 million acres of Greater Sage- final agency direction. the District of Nevada, which Grouse habitat. Surface management Instructions for filing a protest with determined that the BLM had violated decisions made as a result of this the Director of the BLM regarding the the NEPA when it finalized the 2015 Proposed RMP Amendment and Final Proposed RMP Amendment and Final Nevada plan. EIS will apply only to BLM EIS may be found online at https:// The BLM developed the proposed administered lands in the decision area. www.blm.gov/programs/planning-and- land use plan amendment in The formal public scoping process for nepa/public-participation/filing-a-plan- collaboration with the Governors’ this RMP Amendment and EIS began on protest and at 43 CFR 1610.5–2. All Offices in Nevada and California, state October 11, 2017, with publication of a protests must be in writing and mailed wildlife managers, and other concerned Notice of Intent in the Federal Register to the appropriate address, as set forth organizations and individuals, largely (82 FR 47248) and ended on December in the ADDRESSES section above or through the Western Governors 1, 2017. The BLM in Nevada and submitted electronically through the Association’s Sage-Grouse Task Force. Northeastern California held public BLM ePlanning project website as Using its discretion and authority under scoping meetings in Alturas, California described above. Protests submitted the FLPMA, the BLM proposes on November 3, 2017; Reno/Sparks, electronically by any means other than amending land use plans that address Nevada on November 7, 2017; Elko, the ePlanning project website protest Greater Sage-Grouse management to Nevada on November 8, 2017; and Ely, section will be invalid unless a protest improve alignment with State of Nevada Nevada on November 9, 2017. The is also submitted in hard copy. Protests and State of California plans and Notice of Availability for the Draft RMP submitted by fax will also be invalid management strategies, in accordance Amendment/EIS was published on May unless also submitted either through with the BLM’s multiple use and 4, 2018 (83 FR 19800), and the BLM ePlanning project website protest sustained yield mission. accepted public comments on the range section or in hard copy. This Proposed RMP Amendment and of alternatives, effects analysis, and Before including your address, phone Final EIS is one of six separate planning Draft RMP Amendment/EIS for 90 days, number, email address, or other efforts that are being undertaken in ending on August 2, 2018. During the personal identifying information in your response to the Secretary’s Order (SO) public comment period public meetings protest, please be aware that your entire 3353 (Greater Sage-grouse Conservation were held in Alturas, California on June protest, including your personal and Cooperation with Western States) 29, 2018; Reno/Sparks, Nevada on June identifying information, may be made and in accordance with SO 3349 26, 2018; Elko, Nevada on June 28, publicly available at any time. While (American Energy Independence). The 2018; and Ely, Nevada on June 27, 2018. you can ask us in your comment to proposed plans refine the previous The Draft RMP Amendment/EIS withhold your personal identifying focused on the issue of Sagebrush Focal management plan adopted in 2015 and information from public review, we Area designations, mitigation, aims to strike a regulatory balance and cannot guarantee that we will be able to adjustments to habitat management area build greater trust among neighboring do so. interests in Western communities. The designations to reflect new information, reversing adaptive management Authority: 40 CFR 1506.6, 40 CFR 1506.10, Proposed RMP Amendment and Final 43 CFR 1610.2, 43 CFR 1610.5. EIS proposes to amend the RMPs for responses when the BLM determines field offices on BLM-administered lands that resource conditions no longer Brian C. Amme, within BLM Nevada and Northeastern warrant those responses (in addition to BLM Nevada Acting State Director. addressing updates to the adaptive California boundaries. The current [FR Doc. 2018–26703 Filed 12–7–18; 8:45 am] management strategy based on best management decisions for resources are BILLING CODE 4310–33–P available science), allocation exception described in the following RMPs: • Alturas RMP (2008) processes, seasonal timing restrictions, • Black Rock Desert-High Rock modifying habitat objectives when best DEPARTMENT OF THE INTERIOR Canyon NCA RMP (2004) available science is available, and • Carson City Consolidated RMP through plan clarification: Modifying Bureau of Land Management (2001) lek buffers, requirements for required • design features, and removal and/or [LLWO200000.18X Eagle Lake RMP (2008) L11100000.PH0000.LXSCPL000000] • Elko RMP (1987) modification to three livestock grazing • Ely RMP (2008) management decisions in order to Notice of Availability of the Idaho • Shoshone-Eureka RMP (1986) comply with 43 CFR 4160.1. The Draft Proposed Resource Management Plan • Surprise RMP (2008) RMP Amendment/EIS evaluated two • Amendment and Final Environmental Tonopah RMP (1997) alternatives in detail, including the No- Impact Statement • Wells RMP (1985) Action Alternative and one action • Winnemucca RMP (2015) alternative, the Management Alignment AGENCY: Bureau of Land Management, The planning area includes Alternative. Comments on the Draft Interior. approximately 70.3 million acres of RMP Amendment/EIS received from the ACTION: Notice of Availability. BLM, National Park Service, United public and internal BLM review were States Forest Service, U.S. Bureau of considered and incorporated as SUMMARY: In accordance with the Reclamation, State, local, and private appropriate into the proposed plan National Environmental Policy Act of lands located in Nevada and amendment. The No-Action Alternative 1969 (NEPA), as amended, and the Northeastern California, in 17 counties: would retain the current management Federal Land Policy and Management Churchill, Elko, Eureka, Humboldt, goals, objectives, and direction specified Act of 1976 (FLPMA), as amended, the Lander, Lassen, Lincoln, Lyon, Mineral, in the current RMPs, as amended in Bureau of Land Management (BLM) has Modoc, Nye, Pershing, Plumas, Sierra, 2015, for each field office. The prepared the Idaho Proposed Resource

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Management Plan (RMP) Amendment SUPPLEMENTARY INFORMATION: The BLM • Little Lost-Birch Creek MFP (BLM and Final Environmental Impact prepared the Idaho Greater SageGrouse 1981) Statement (EIS) for Greater Sage-Grouse Proposed RMP Amendment and Final • Magic MFP (BLM 1975) Conservation for the Idaho Greater Sage- EIS to enhance cooperation with the • Medicine Lodge MFP (BLM 1981) Grouse Sub-Region. By this notice, the States by improving alignment with • Monument RMP (BLM 1985) BLM is announcing its availability and state management plans and strategies • Owyhee RMP (BLM 1999) • the opening of a protest period for Greater Sage-Grouse, while Pocatello RMP (BLM 2012) • concerning the Proposed RMP continuing to conserve, enhance, and Snake River Birds of Prey National Amendment. restore Greater Sage-Grouse and its Conservation Area RMP (BLM 2008) • Sun Valley MFP (BLM 1981) DATES: The BLM’s planning regulations habitat. The Proposed RMP Amendment • and Final EIS also addresses the issues Twin Falls MFP (BLM 1982) state that any person who meets the The Idaho planning area includes conditions as described in the remanded to the agency by a March 31, 2017 Order by the United States District approximately 39.5 million acres of regulations may protest the BLM’s BLM, National Park Service, U.S. Forest Proposed RMP Amendment and Final Court for the District of Nevada, which determined that the BLM had violated Service, U.S. Bureau of Reclamation, EIS. A person who meets the conditions State, local, and private lands in 28 outlined in 43 CFR 1610.5–2 and wishes the NEPA when it finalized the 2015 Nevada plan. counties: Ada, Adams, Bear Lake, to file a protest must do so within 30 Bingham, Blaine, Bonneville, Butte, The BLM developed the proposed days of the date that the Environmental Camas, Caribou, Cassia, Clark, Custer, land use plan amendment in Protection Agency publishes its Notice Elmore, Fremont, Gem, Gooding, collaboration with Idaho Governor of Availability in the Federal Register. Jefferson, Jerome, Lemhi, Lincoln, Butch Otter, state wildlife managers, A protest regarding the Proposed RMP Madison, Minidoka, Oneida, Owyhee, and other concerned organizations and Amendment announced with this notice Payette, Power, Twin Falls, and individuals, largely through the Western must be filed by January 9, 2019. Washington. Within the planning area, Governors Association’s Sage-Grouse ADDRESSES: The Proposed RMP the BLM administers 11,470,301 acres of Task Force. Using its discretion and Amendment and Final EIS is available public land, providing 8,809,326 acres authority under the FLPMA, the BLM on the BLM ePlanning project website at of Greater Sage-Grouse habitat. Surface proposes amending land use plans that https://go.usa.gov/xPc3a. Click the management decisions resulting from address Greater Sage-Grouse Documents and Report link on the left this Proposed RMP Amendment and management to improve alignment with side of the screen to find the electronic Final EIS will apply only to BLM- State of Idaho plans and management version of these materials. Hard copies administered lands in the planning area. strategies, in accordance with the BLM’s of the Proposed RMP Amendment and The formal public scoping process for multiple use and sustained yield Final EIS are available for public the RMP Amendment/EIS began on mission. inspection at the Boise, Idaho Falls, and October 11, 2017, with publication of a This Proposed RMP Amendment and Twin Falls District Offices. Notice of Intent in the Federal Register Final EIS is one of six separate planning All protests must be in writing (43 (82 FR 47248). The scoping period efforts that are being undertaken in CFR 1610.5–2(a)(1)) and filed with the ended on December 1, 2017. The BLM response to the Secretary’s Order (SO) BLM Director, either as a hard copy or in Idaho held three public scoping 3353 (Greater Sage-grouse Conservation electronically via the BLM’s ePlanning meetings: project website listed previously. To and Cooperation with Western States) —Twin Falls, Idaho; November 2, 2017 submit a protest electronically, go to the and in accordance with SO 3349 —Idaho Falls, Idaho; November 6, 2017 ePlanning project website and follow (American Energy Independence). The —Marsing, Idaho; November 7, 2017 the protest instructions highlighted at proposed plans refine the previous The Notice of Availability for the the top of the home page. management plan adopted in 2015 and Draft EIS published in the Federal If submitting a protest in hard copy, aims to strike a regulatory balance and Register (83 FR 19801) on May 4, 2018, it must be mailed to one of the following build greater trust among neighboring and the BLM accepted public comments addresses: interests in Western communities. The on the range of alternatives, effects U.S. Postal Service Mail: BLM Proposed RMP Amendment and Final analysis and draft RMP amendments for Director (210), Attention: Protest EIS proposes to amend the resource 90 days, ending on August 2, 2018. Coordinator, WO–210, P.O Box 71383, management plans for field offices on During the public comment period, the Washington, DC 20024–1383 BLM-administered lands within Idaho. BLM held three additional public Overnight Delivery: BLM Director The current management decisions for meetings: (210), Attention: Protest Coordinator, resources are described in the following —Marsing, Idaho; June 21, 2018 WO–210, 20 M Street SE, Room RMPs: —Twin Falls, Idaho; June 26, 2018 2134LM, Washington, DC 20003 • Bennett Hills/Timmerman Hills —Idaho Falls, Idaho; June 28, 2018 FOR FURTHER INFORMATION CONTACT: Management Framework Plan (MFP) The Idaho Draft RMP Amendment/ Jonathan Beck, Greater Sage-Grouse (BLM 1980) Draft EIS focused on the issues of the Implementation Coordinator, telephone, • Big Desert MFP (BLM 1981) designation of sagebrush focal areas, (208) 373–3841; address, 1387 South • Big Lost MFP (BLM 1983) mitigation standards, lek buffers, Vinnell Way, Boise Idaho 83709; email, • Bruneau MFP (BLM 1983) disturbance and density caps, and [email protected]. Persons who use a • Cascade RMP (BLM 1988) adjustments to habitat boundaries to telecommunications device for the deaf • Cassia RMP (BLM 1985) reflect new information. The Draft RMP (TDD) may call the Federal Relay • Challis RMP (BLM 1999) Amendment/Draft EIS evaluated two Service (FRS) at (800) 877–8339 to • Craters of the Moon National alternatives in detail: The No Action contact Mr. Beck. The FRS is available Monument RMP (BLM 2006) Alternative (Alternative A) and an 24 hours a day, 7 days a week, to leave • Jarbidge RMP (BLM 1988) action alternative (Management a message or question with Mr. Beck. • Jarbidge RMP (Revised) (BLM 2015) Alignment Alternative). Comments on You will receive a reply during normal • Kuna MFP (BLM 1983) the Draft RMP Amendment/Draft EIS business hours. • Lemhi RMP (BLM 1987) received from the public and internal

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BLM review were considered and November 24, 2018, for listing or related DEPARTMENT OF THE INTERIOR incorporated as appropriate into the actions in the National Register of proposed plan amendment. Alternative Historic Places. National Park Service A would retain the current management DATES: Comments should be submitted goals, objectives, and direction specified by December 26, 2018. [NPS–WASO–NRNHL–DTS#–27009; in the current RMPs, as amended, for PPWOCRADI0, PCU00RP14.R50000] each field office. The BLM identified the ADDRESSES: Comments may be sent via Management Alignment Alternative as U.S. Postal Service and all other carriers National Register of Historic Places; the Preferred Alternative. Identification to the National Register of Historic Notification of Pending Nominations of this alternative, however, does not Places, National Park Service, 1849 C St. and Related Actions represent final agency direction. NW, MS 7228, Washington, DC 20240. Instructions for filing a protest with the SUPPLEMENTARY INFORMATION: The AGENCY: National Park Service, Interior. Director of the BLM regarding the properties listed in this notice are being ACTION: Notice. Proposed RMP Amendment and Final considered for listing or related actions EIS may be found online at https:// in the National Register of Historic SUMMARY: The National Park Service is www.blm.gov/programs/planning-and- Places. Nominations for their soliciting comments on the significance nepa/public-participation/filing-a-plan- consideration were received by the of properties nominated before protest and at 43 CFR 1610.5–2. All National Park Service before November November 17, 2017, for listing or related protests must be in writing and mailed 24, 2018. Pursuant to Section 60.13 of actions in the National Register of to the appropriate address, as set forth 36 CFR part 60, written comments are Historic Places. in the ADDRESSES section above or being accepted concerning the submitted electronically through the significance of the nominated properties DATES: Comments should be submitted BLM ePlanning project website as under the National Register criteria for by December 26, 2018. described above. Protests submitted evaluation. ADDRESSES: Comments may be sent via electronically by any means other than Before including your address, phone U.S. Postal Service and all other carriers the ePlanning project website protest number, email address, or other to the National Register of Historic section will be invalid unless a protest personal identifying information in your Places, National Park Service, 1849 C St. is also submitted in hard copy. Protests comment, you should be aware that NW, MS 7228, Washington, DC 20240. submitted by fax will also be invalid your entire comment—including your unless also submitted either through personal identifying information—may SUPPLEMENTARY INFORMATION: The ePlanning project website protest be made publicly available at any time. properties listed in this notice are being section or in hard copy. While you can ask us in your comment considered for listing or related actions Before including your address, phone to withhold your personal identifying in the National Register of Historic number, email address, or other information from public review, we Places. Nominations for their personal identifying information in your cannot guarantee that we will be able to consideration were received by the protest, please be aware that your entire do so. National Park Service before November protest, including your personal 17, 2017. Pursuant to Section 60.13 of Nominations submitted by State identifying information, may be made 36 CFR part 60, written comments are Historic Preservation Officers: publicly available at any time. While being accepted concerning the you can ask us in your comment to CALIFORNIA significance of the nominated properties withhold your personal identifying Los Angeles County under the National Register criteria for information from public review, we Filipino Christian Church (Asian evaluation. cannot guarantee that we will be able to Americans in Los Angeles, 1850–1980 Before including your address, phone do so. MPS), 301 N Union Ave., Los Angeles, MP100003291 number, email address, or other Authority: 40 CFR 1506.6, 40 CFR 1506.10, personal identifying information in your 43 CFR 1610.2, 43 CFR 1610.5 WISCONSIN comment, you should be aware that Peter J. Ditton, Sheboygan County your entire comment—including your SELAH CHAMBERLAIN (bulk carrier) Acting BLM Idaho State Director. personal identifying information—may Shipwreck (Great Lakes Shipwreck Sites be made publicly available at any time. [FR Doc. 2018–26702 Filed 12–7–18; 8:45 am] of Wisconsin MPS), 2 mi. NE of While you can ask us in your comment BILLING CODE 4310–33–P Sheboygan Pt. in Lake Michigan, to withhold your personal identifying Sheboygan, MP100003288 information from public review, we Additional documentation has been cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR received for the following resource: do so. National Park Service IOWA Nominations submitted by State [NPS–WASO–NRNHL–DTS#–27048; Webster County Historic Preservation Officers: PPWOCRADI0, PCU00RP14.R50000] Fort Dodge Downtown Historic District, 1st Ave. N, Central Ave., and 1st Ave. S CALIFORNIA National Register of Historic Places; from 3rd St. on West to 12th St. on East, Los Angeles County Fort Dodge, AD10000918 Notification of Pending Nominations Mar Vista Gardens (Garden Apartment and Related Actions Authority: Section 60.13 of 36 CFR part 60. Complexes in the City of Los Angeles, Dated: November 27, 2018. 1939–1955 MPS), 11965 Allin St., Los AGENCY: National Park Service, Interior. Christopher Hetzel, Angeles, MP100003283 ACTION: Notice. Acting Chief, National Register of Historic Sierra County SUMMARY: The National Park Service is Places/National Historic Landmarks Program. Webber Lake Hotel, Off Jackson Meadow Rd./ soliciting comments on the significance [FR Doc. 2018–26647 Filed 12–7–18; 8:45 am] Tahoe NF Rd. 7, Sierraville vicinity, of properties nominated before BILLING CODE 4312–52–P SG100003281

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COLORADO Tooele County to the Tariff Act of 1930 (‘‘the Act’’), Conejos County Stockton School, 18 N Johnson St., Stockton, that there is a reasonable indication that SG100003269 an industry in the United States is Garcia—Espinosa—Garland Ranch materially injured by reason of imports WASHINGTON Headquarters, 7527 Cty. Rd. 16, Antonito, of polyester textured yarn from China SG100003274 Adams County Our Lady of Guadalupe Church, 6631–33 Cty. and India, provided for in subheadings Rd. 13, Conejos, SG100003275 Spokane, Portland and Seattle Railway 5402.33.30 and 5402.33.60 of the St. Joseph’s Church, 19895 Cty. Rd. 8, Company—Cow Creek Viaduct (Bridges of Harmonized Tariff Schedule of the Capulin, SG100003276 the Spokane, Portland and Seattle Railway United States, that are alleged to be sold Company, 1906–1967 MPS), Milepost in the United States at less than fair Costilla County 304.4 former SP&S RR line, Ankeny value (‘‘LTFV’’) and to be subsidized by Chama Sociedad Proteccion Mutua de vicinity, MP100003278 the governments of China and India.2 Trabajadores Unidos (SPMDTU) Lodge Spokane, Portland and Seattle Railway Hall (Culebra River Villages of Costilla Company Bridge 291.4—O.W.R.&N., Commencement of Final Phase County MPS), SW corner of Cty. Rds. 223 Crossing—Washtucna (Bridges of the Investigations Spokane, Portland and Seattle Railway & L7, Chama, MP100003273 Company, 1906–1967 MPS), Milepost Pursuant to section 207.18 of the ILLINOIS 291.4, former SP&S line crossing Yeisley Commission’s rules, the Commission Rd., Washtucna vicinity, MP100003279 also gives notice of the commencement Cook County of the final phase of its investigations. Franklin County Hermosa Bungalow Historic District (Chicago The Commission will issue a final phase Bungalows MPS), Roughly bounded by W Spokane, Portland and Seattle Railway notice of scheduling, which will be Belmont, N Lowell, W Diversey & N Company—Box Canyon Viaduct (Bridges published in the Federal Register as Kolmar Aves., Chicago, MP100003263 of the Spokane, Portland and Seattle provided in section 207.21 of the Railway Company, 1906–1967 MPS), Kane County Milepost 270.0, former SP&S RR line, Commission’s rules, upon notice from Larkin Home for Children, 1212 Larkin Ave., Windust vicinity, MP100003280 the U.S. Department of Commerce Elgin, SG100003264 In the interest of preservation, a (‘‘Commerce’’) of affirmative SHORTENED comment period has been preliminary determinations in the Ogle County requested for the following resource: investigations under sections 703(b) or Rochelle Downtown Historic District, 733(b) of the Act, or, if the preliminary Primarily 300–400 blks. Lincoln Hwy, 400 GEORGIA determinations are negative, upon blk. Cherry & 400–500 blks. W 4th Aves., Clarke County notice of affirmative final 400 blk. Dewey & 300 blk. N 6th Sts., Oconee Street School, 594 Oconee St., determinations in those investigations Rochelle, SG100003265 Athens, SG100003284 under sections 705(a) or 735(a) of the IOWA Comment period: 3 days. Act. Parties that filed entries of Additional documentation has been appearance in the preliminary phase of Guthrie County received for the following resource: the investigations need not enter a Yale High School Gymnasium, 414 Lincoln MASSACHUSETTS separate appearance for the final phase St., Yale, SG100003261 of the investigations. Industrial users, MAINE Essex County and, if the merchandise under Beverly Center Business District, Roughly investigation is sold at the retail level, Knox County bounded by Chapman, Central, Brown, representative consumer organizations Mt. Battie Tower, At summit loop of Mt. Dane, and Essex Sts., Beverly, AD84002313 have the right to appear as parties in Battie Rd., Camden, SG100003259 Authority: Section 60.13 of 36 CFR part 60. Commission antidumping and Piscataquis County Dated: November 20, 2018. countervailing duty investigations. The Secretary will prepare a public service Boarding House and Storehouse at Churchill Paul Lusignan, Depot, S of Churchill Dam Rd. 500 ft NE list containing the names and addresses Acting Chief, National Register of Historic of all persons, or their representatives, of Chamberlain Dam, T10 R12 WELS, Places/National Historic Landmarks Program. SG100003258 who are parties to the investigations. [FR Doc. 2018–26646 Filed 12–7–18; 8:45 am] OHIO BILLING CODE 4312–52–P Background Hamilton County On October 18, 2018, Unifi Glendale Historic District (Boundary Increase Manufacturing, Inc., Greensboro, North and Decrease), Roughly bounded by OH 4/ INTERNATIONAL TRADE Carolina; and Nan Ya Plastics Corp. Springfield Pike, Oak Rd., RR right of way, COMMISSION America, Lake City, South Carolina filed petitions with the Commission and Coral, Sharon and Morse Aves., Glendale, [Investigation Nos. 701–TA–612–613 and BC100003285 731–1429–1430 (Preliminary)] Commerce, alleging that an industry in the United States is materially injured SOUTH DAKOTA Polyester Textured Yarn From China or threatened with material injury by Custer County and India reason of subsidized imports of Fairburn Historic Commercial District polyester textured yarn from China and (Boundary Decrease), (Rural Resources of Determinations India and LTFV imports of polyester Eastern Custer County MPS), Blk. 7, Lots On the basis of the record 1 developed textured yarn from China and India. 3–10, Fairburn, BC100003267 in the subject investigations, the United 2 UTAH States International Trade Commission Polyester Textured Yarn from India and the (‘‘Commission’’) determines, pursuant People’s Republic of China: Initiation of Salt Lake County Countervailing Duty Investigations, 83 FR 58232, November 19, 2018; Polyester Textured Yarn from Boulevard Gardens Historic District, Roughly 1 The record is defined in sec. 207.2(f) of the India and the People’s Republic of China: Initiation bounded by Quayle Ave., Main and W Commission’s Rules of Practice and Procedure (19 of Less-Than-Fair-Value Investigations, 83 FR Temple Sts., Salt Lake City, SG100003268 CFR 207.2(f)). 58223, November 19, 2018.

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Accordingly, effective October 18, 2018, DATES: This order is effective December patients, caregivers, DEA-registered the Commission, pursuant to sections 10, 2018. entities, and non-DEA entities. The 703(a) and 733(a) of the Act (19 U.S.C. FOR FURTHER INFORMATION CONTACT: comments included concerns about 1671b(a) and 1673b(a)), instituted Regulatory Drafting and Policy Support drug shortages, interference with doctor- countervailing duty investigation Nos. Section (DPW), Diversion Control patient relationships, increase in the 701–TA–612–613 and antidumping Division, Drug Enforcement production of marihuana, requests for a duty investigation Nos. 731–TA–1429– Administration, 8701 Morrissette Drive, hearing, requests for increases in 1430 (Preliminary). Springfield, VA 22152, Telephone: (202) specific production quotas, and Notice of the institution of the 598–6812. comments that were outside the scope Commission’s investigations and of a SUPPLEMENTARY INFORMATION: of this final order. public conference to be held in There were 200 commenters that connection therewith was given by Legal Authority expressed general concerns about the posting copies of the notice in the Office Section 306 of the Controlled decrease to the production quotas of of the Secretary, U.S. International Substances Act (CSA) (21 U.S.C. 826) controlled substances and shortages of Trade Commission, Washington, DC, requires the Attorney General to controlled substances. There were 27 and by publishing the notice in the establish aggregate production quotas commenters that expressed general Federal Register of October 25, 2018 (83 for each basic class of controlled concerns alleging that decreases to the FR 53899). The conference was held in substances listed in schedules I and II aggregate production quotas interfered Washington, DC, on November 8, 2018, and for the list I chemicals ephedrine, with doctor-patient relationships. The and all persons who requested the pseudoephedrine, and DEA sets aggregate production quotas in opportunity were permitted to appear in phenylpropanolamine. The Attorney a manner to ensure that the estimated person or by counsel. General has delegated this function to medical needs of the United States are The Commission made these the Administrator of the Drug met. In determining the aggregate determinations pursuant to sections Enforcement Administration (DEA) production quota, the DEA does take 703(a) and 733(a) of the Act (19 U.S.C. pursuant to 28 CFR 0.100. into account the prescriptions that have been issued. The DEA does not interfere 1671b(a) and 1673b(a)). It completed Background and filed its determinations in these with doctor-patient relationships. investigations on December 3, 2018. The The DEA published the 2018 Doctors who are authorized to dispense views of the Commission are contained established aggregate production quotas controlled substances are responsible in USITC Publication 4858 (December for controlled substances in schedules I for adhering to the laws and regulations 2018), entitled Polyester Textured Yarn and II and the assessment of annual set forth under the CSA, which requires from China and India: Investigation needs for the list I chemicals ephedrine, doctors to only write prescriptions for a Nos. 701–TA–612–613 and 731–TA– pseudoephedrine, and legitimate medical need. The DEA is 1429–1430 (Preliminary). phenylpropanolamine in the Federal responsible for enforcing controlled Register on November 8, 2017. 82 FR substance laws and regulations. The By order of the Commission. 51873. The DEA is committed to DEA is committed to ensuring an Issued: December 3, 2018. preventing and limiting diversion by adequate and uninterrupted supply of Lisa Barton, enforcing laws and regulations controlled substances in order to meet Secretary to the Commission. regarding controlled substances and the the demand of legitimate medical, [FR Doc. 2018–26604 Filed 12–7–18; 8:45 am] list I chemicals ephedrine, scientific, and export needs of the BILLING CODE 7020–02–P pseudoephedrine, and United States. The decrease or increase phenylpropanolamine, in order to meet in the aggregate production quota for the demand of legitimate medical, controlled substances is based on factors DEPARTMENT OF JUSTICE scientific, and export needs of the set forth in 21 CFR 1303.13. In the event United States. This notice stated that the of a shortage, the CSA provides a Drug Enforcement Administration Administrator would adjust, as needed, mechanism under which the DEA will, the established aggregate production in appropriate circumstances, increase [Docket No. DEA–471A] quotas in 2018 in accordance with 21 quotas to address shortages. 21 U.S.C. Final Adjusted Aggregate Production CFR 1303.13 and 21 CFR 1315.13. The 826(h). When DEA is notified of an Quotas for Schedule I and II Controlled 2018 proposed adjusted aggregate alleged shortage, DEA will confer with Substances and Assessment of production quotas for controlled the FDA and relevant manufacturers Annual Needs for the List I Chemicals substances in schedules I and II and regarding the amount of material in Ephedrine, Pseudoephedrine, and assessment of annual needs for the list physical inventory, current quota Phenylpropanolamine for 2018 I chemicals ephedrine, granted, and the estimated legitimate pseudoephedrine, and medical need, to determine whether a AGENCY: Drug Enforcement phenylpropanolamine were quota adjustment is necessary to Administration (DEA), Department of subsequently published in the Federal alleviate any factually valid shortage. Justice (DOJ). Register on August 23, 2018, (83 FR Four non-DEA registered entities ACTION: Final order. 42690) in consideration of the outlined expressed support to increase the criteria. All interested persons were production quota of marihuana for SUMMARY: This final order establishes invited to comment on or object to the research purposes. The DEA increased the final adjusted 2018 aggregate proposed adjusted aggregate production the production quota for marihuana production quotas for controlled quotas and assessment of annual needs based solely on increased usage substances in schedules I and II of the on or before September 24, 2018. projections for federally approved Controlled Substances Act (CSA) and research projects. the assessment of annual needs for the Comments Received Two non-DEA-registered individuals list I chemicals ephedrine, The DEA received 526 comments urged DEA to hold a public hearing in pseudoephedrine, and from doctors, nurses, veterinarians, connection with their view that phenylpropanolamine. nonprofit organizations, associations, reducing quotas will not be effective in

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preventing the deaths and other harms The DEA received 288 comments higher for cyclopentyl fentanyl, fentanyl associated with the opioid crisis in the which addressed issues that are outside related substances, methoxyacetyl United States. One of these individuals the scope of this final order. The fentanyl, para-chloroisobutyryl fentanyl, stated that the purpose of the hearing comments were general in nature and and para-methyoxybutyryl fentanyl due would be to obtain input from various raised issues of specific medical to the publication of their schedule I medical professionals and patients. The illnesses, medical treatments, and temporary controlled status; higher for second commenter expressed his view medication costs and therefore, are noroxymorphone (for conversion) and that reduction in quotas could lead to outside of the scope of this Final Order oripavine based on their involvement in the under treatment of pain. Under the for 2018 and do not impact the original the synthesis pathway to produce the DEA regulations, the decision of analysis involved in finalizing the 2018 FDA approved drugs used in the whether to grant a hearing on the issues aggregate production quotas. medically assisted treatment of opioid raised by the comments lies solely The DEA received no comments from addiction. This final order reflects those within the discretion of the DEA-registered or non-DEA registered adjustments. Administrator. 21 CFR 1303.11(c) and entities for previously established Regarding 3-methyl fentanyl, 4– 1303.13(c). I find that neither of the values of the 2018 assessment of annual ANPP, acetyl fentanyl, acryl fentanyl, foregoing two comments, or any of the needs for ephedrine, pseudoephedrine, beta-hydroxythiofentanyl, butyryl and phenylpropanolamine. other comments, presented any fentanyl, carfentanil, cyclopropyl evidence that would lead me to Analysis for Final Adjusted 2018 fentanyl, d-amphetamine (for conclude that a hearing is necessary or Aggregate Production Quotas and conversion), diphenoxylate (for sale), warranted. Therefore, I decline to order Assessment of Annual Needs fentanyl, furanyl fentanyl, isobutyryl a hearing on the issues presented by the In determining the final adjusted 2018 fentanyl, levorphanol, meperidine, comments. ocfentanil, oxymorphone (for Five DEA-registered entities aggregate production quotas and conversion), para-fluorofentanyl, para- submitted comments regarding a total of assessment of annual needs, the DEA fluorobutyryl fentanyl, remifentanil, 30 schedule I and II controlled has taken into consideration the above tetrahydrofuranyl fentanyl, U–47700, substances. Comments received comments that are specifically relevant proposed that the aggregate production to this Final Order for calendar year and valeryl fentanyl, the Administrator quotas for 3-methylfentanyl, 4–ANPP, 2018 along with the factors set forth in hereby determines that the proposed acetyl fentanyl, acryl fentanyl, beta- 21 CFR 1303.13 and 21 CFR 1315.13 in adjusted 2018 aggregate production hydroxythiofentanyl, butyryl fentanyl, accordance with 21 U.S.C. 826(a), and quotas and assessment of annual needs carfentanil, cyclopentyl fentanyl, other relevant factors including the 2017 for these substances and list I chemicals cyclopropyl fentanyl, d-amphetamine year-end inventories, initial 2018 as published on August 23, 2018, (83 FR (for conversion), diphenoxylate (for manufacturing and import quotas, 2018 42690) are sufficient to meet the current sale), fentanyl, fentanyl related export requirements, actual and 2018 estimated medical, scientific, substances, furanyl fentanyl, isobutyryl projected 2018 sales, research and research, and industrial needs of the fentanyl, levorphanol, meperidine, product development requirements, United States and to provide for methoxyacetyl fentanyl, additional applications received, and adequate reserve stock. This final order noroxymorphone (for conversion), the extent of any diversion of the establishes these aggregate production ocfentanil, oripavine, oxymorphone (for controlled substance in the class. Based quotas at the same amounts as conversion), para-chloroisobutyryl on all of the above, the Administrator is proposed. fentanyl, para-fluorofentanyl, para- adjusting the 2018 aggregate production Pursuant to the above, the fluorobutyryl fentanyl, para- quotas for the following: Lower for Administrator hereby finalizes the 2018 methyoxybutyryl fentanyl, remifentanil, codeine (for sale), hydrocodone (for aggregate production quotas for the tetrahydrofuranyl fentanyl, U–47700, sale), morphine (for sale), and following schedule I and II controlled and valeryl fentanyl were insufficient to oxycodone (for sale) based on the data substances and the 2018 assessment of provide for the estimated medical, received since the publication of the annual needs for the list I chemicals scientific, research, and industrial needs 2018 Proposed Revised Aggregate ephedrine, pseudoephedrine, and of the United States, for export Production Quotas and Assessment of phenylpropanolamine, expressed in requirements, and for the establishment Annual Needs in the Federal Register grams of anhydrous acid or base, as and maintenance of reserve stocks. on August 23, 2018, (83 FR 42690); follows:

Final revised Basic class 2018 quotas (g)

Temporarily Scheduled Substances

1-(4-Cyanobutyl)-N-(2-phenylpropan-2-yl)-1 H-indazole-3-carboxamide ...... 25 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3carboxamide ...... 25 Cyclopropyl Fentanyl ...... 20 Cyclopentyl fentanyl ...... 30 Fentanyl related substances ...... 40 Isobutyryl Fentanyl ...... 25 Methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate ...... 25 Methoxyacetyl fentanyl ...... 30 N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide ...... 25 Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate ...... 25 Ocfentanil ...... 25 Ortho-fluorofentanyl ...... 30 Para-chloroisobutyryl fentanyl ...... 30 Para-fluorobutyryl fentanyl ...... 25

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Final revised Basic class 2018 quotas (g)

Para-methoxybutyryl fentanyl ...... 30 Tetrahydrofuranyl fentanyl ...... 5 Valeryl fentanyl ...... 25

Schedule I

1-[1-(2-Thienyl)cyclohexyl]pyrrolidine ...... 20 1-(1-Phenylcyclohexyl)pyrrolidine ...... 15 1-(2-Phenylethyl)-4-phenyl-4-acetoxypiperidine ...... 10 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201) ...... 30 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM–694) ...... 30 1-[1-(2-Thienyl)cyclohexyl]piperidine ...... 15 1-Benzylpiperazine ...... 25 1-Methyl-4-phenyl-4-propionoxypiperidine ...... 10 2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine (2C–E) ...... 30 2-(2,5-Dimethoxy-4-methylphenyl) ethanamine (2C–D) ...... 30 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C–N) ...... 30 2-(2,5-Dimethoxy-4-n-propylphenyl) ethanamine (2C–P) ...... 30 2-(2,5-Dimethoxyphenyl) ethanamine (2C–H) ...... 30 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36) ...... 30 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C) ...... 30 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82) ...... 25 2-(4-iodo-2,5-dimethoxyphenyl) ethanamine (2C-I) ...... 30 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5) ...... 30 2,5-Dimethoxy-4-ethylamphetamine (DOET) ...... 25 2,5-Dimethoxy-4-(n)-propylthiophenethylamine ...... 25 2,5-Dimethoxyamphetamine ...... 25 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C–T–2) ...... 30 2-(4-Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C–T–4) ...... 30 3,4,5-Trimethoxyamphetamine ...... 30 3,4-Methylenedioxyamphetamine (MDA) ...... 55 3,4-Methylenedioxymethamphetamine (MDMA) ...... 50 3,4-Methylenedioxy-N-ethylamphetamine (MDEA) ...... 40 3,4-Methylenedioxy-N-methylcathinone (methylone) ...... 40 3,4-Methylenedioxypyrovalerone (MDPV) ...... 35 3-FMC; 3-Fluoro-N-methylcathinone ...... 25 3-Methylfentanyl ...... 30 3-Methylthiofentanyl ...... 30 4-Bromo-2,5-dimethoxyamphetamine (DOB) ...... 30 4-Bromo-2,5-dimethoxyphenethylamine (2C–B) ...... 25 4-Fluoroisobutyryl fentanyl ...... 30 4-FMC; Flephedrone ...... 25 4-MEC; 4-Methyl-N-ethylcathinone ...... 25 4-Methoxyamphetamine ...... 150 4-Methyl-2,5-dimethoxyamphetamine (DOM) ...... 25 4-Methylaminorex ...... 25 4-Methyl-N-methylcathinone (mephedrone) ...... 45 4-Methyl-α-pyrrolidinopropiophenone (4-MePPP) ...... 25 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol ...... 50 5-(1,1-Dimethyloctyl)-2-[(1R,3S)3-hydroxycyclohexyl-phenol) (cannabicyclohexanol or CP–47,497 C8 Homolog) ...... 40 5F-ADB; 5F-MDMB-PINACA (Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate) ...... 30 5F-AMB (Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate) ...... 30 5F-APINACA; 5F-AKB48 (N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide) ...... 30 5-Fluoro-PB-22; 5F-PB-22 ...... 20 5-Fluoro-UR-144, XLR11 [1-(5-Fluoro-pentyl)-1Hindol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone ...... 25 5-Methoxy-3,4-methylenedioxyamphetamine ...... 25 5-Methoxy-N,N-diisopropyltryptamine ...... 25 5-Methoxy-N-N-dimethyltryptamine ...... 25 AB–CHMINACA ...... 30 AB–FUBINACA ...... 50 AB–PINACA ...... 30 ADB-FUBINACA (N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide) ...... 30 Acetyl Fentanyl ...... 100 Acetyl-alpha-methylfentanyl ...... 30 Acetyldihydrocodeine ...... 30 Acetylmethadol ...... 2 Acryl fentanyl ...... 25 ADB–PINACA (N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) ...... 50 AH–7921 ...... 30 Allylprodine ...... 2 Alphacetylmethadol ...... 2 alpha-ethyltryptamine ...... 25

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Final revised Basic class 2018 quotas (g)

Alphameprodine ...... 2 Alphamethadol ...... 2 alpha-methylfentanyl ...... 30 alpha-methylthiofentanyl ...... 30 alpha-methyltryptamine (AMT) ...... 25 alpha-Pyrrolidinobutiophenone (α-PBP) ...... 25 alpha-Pyrrolidinopentiophenone (α-PVP) ...... 25 Aminorex ...... 25 Anileridine ...... 20 APINACA, AKB48 (N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide) ...... 25 Benzylmorphine ...... 30 Betacetylmethadol ...... 2 beta-Hydroxy-3-methylfentanyl ...... 30 beta-Hydroxyfentanyl ...... 30 beta-Hydroxythiofentanyl ...... 30 Betameprodine ...... 2 Betamethadol ...... 4 Betaprodine ...... 2 Bufotenine ...... 3 Butylone ...... 25 Butyryl fentanyl ...... 30 Cathinone ...... 24 Codeine methylbromide ...... 30 Codeine-N-oxide ...... 192 Desomorphine ...... 25 Diampromide ...... 20 Diethylthiambutene ...... 20 Diethyltryptamine ...... 25 Difenoxin ...... 8,225 Dihydromorphine ...... 1,000,160 Dimethyltryptamine ...... 50 Dipipanone ...... 5 Etorphine ...... 30 Fenethylline ...... 30 Furanyl fentanyl ...... 30 Gamma-Hydroxybutyric Acid ...... 37,130,000 Heroin ...... 45 Hydromorphinol ...... 40 Hydroxypethidine ...... 2 Ibogaine ...... 30 JWH–018 and AM678 (1-Pentyl-3-(1-naphthoyl) indole) ...... 35 JWH–019 (1-Hexyl-3-(1-naphthoyl)indole) ...... 45 JWH–073 (1-Butyl-3-(1-naphthoyl)indole) ...... 45 JWH–081 (1-Pentyl-3-(1-(4-methoxynaphthoyl)] indole) ...... 30 JWH–122 (1-Pentyl-3-(4-methyl-1-naphthoyl) indole) ...... 30 JWH–200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole) ...... 35 JWH–203 (1-Pentyl-3-(2-chlorophenylacetyl) indole) ...... 30 JWH–250 (1-Pentyl-3-(2-methoxyphenylacetyl) indole) ...... 30 JWH–398 (1-Pentyl-3-(4-chloro-1-naphthoyl) indole) ...... 30 Lysergic acid diethylamide (LSD) ...... 40 MAB–CHMINACA; ADB–CHMINACA (N-(1-amino-3,3dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3- carboxamide) ...... 30 MDMB–CHMICA; MMB–CHMINACA(Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate) ...... 30 MDMB–FUBINACA (methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate) ...... 30 Marihuana ...... 1,140,216 Mecloqualone ...... 30 Mescaline ...... 25 Methaqualone ...... 60 Methcathinone ...... 25 Methyldesorphine ...... 5 Methyldihydromorphine ...... 2 Morphine methylbromide ...... 5 Morphine methylsulfonate ...... 5 Morphine-N-oxide ...... 150 N,N-Dimethylamphetamine ...... 25 Naphyrone ...... 25 N-Ethyl-1-phenylcyclohexylamine ...... 5 N-Ethyl-3-piperidyl benzilate ...... 10 N-Ethylamphetamine ...... 24 N-Hydroxy-3,4-methylenedioxyamphetamine ...... 24 Noracymethadol ...... 2 Norlevorphanol ...... 55

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Final revised Basic class 2018 quotas (g)

Normethadone ...... 2 Normorphine ...... 40 Para-fluorofentanyl ...... 25 Parahexyl ...... 5 PB–22; QUPIC ...... 20 Pentedrone ...... 25 Pentylone ...... 25 Phenomorphan ...... 2 Pholcodine ...... 5 Psilocybin ...... 30 Psilocyn ...... 50 SR–18 and RCS–8 (1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole) ...... 45 SR–19 and RCS–4 (1-Pentyl-3-[(4-methoxy)-benzoyl]indole) ...... 30 Tetrahydrocannabinols ...... 384,460 Thiofentanyl ...... 25 THJ–2201 ([1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone) ...... 30 Tilidine ...... 25 Trimeperidine ...... 2 UR–144 (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone ...... 25 U–47700 ...... 30

Schedule II

1-Phenylcyclohexylamine ...... 15 1-Piperidinocyclohexanecarbonitrile ...... 25 4-Anilino-N-phenethyl-4-piperidine (ANPP) ...... 1,342,000 Alfentanil ...... 6,200 Alphaprodine ...... 2 Amobarbital ...... 20,100 Amphetamine (for conversion) ...... 12,000,000 Amphetamine (for sale) ...... 39,856,000 Carfentanil ...... 20 Cocaine ...... 92,120 Codeine (for conversion) ...... 13,536,000 Codeine (for sale) ...... 36,114,260 Dextropropoxyphene ...... 35 Dihydrocodeine ...... 264,140 Dihydroetorphine ...... 2 Diphenoxylate (for conversion) ...... 14,100 Diphenoxylate (for sale) ...... 770,800 Ecgonine ...... 88,134 Ethylmorphine ...... 30 Etorphine hydrochloride ...... 32 Fentanyl ...... 1,342,320 Glutethimide ...... 2 Hydrocodone (for conversion) ...... 114,680 Hydrocodone (for sale) ...... 43,027,640 Hydromorphone ...... 4,547,720 Isomethadone ...... 30 Levo-alphacetylmethadol (LAAM) ...... 5 Levomethorphan ...... 2,200 Levorphanol ...... 38,000 Lisdexamfetamine ...... 19,000,000 Meperidine ...... 1,913,148 Meperidine Intermediate-A ...... 30 Meperidine Intermediate-B ...... 30 Meperidine Intermediate-C ...... 30 Metazocine ...... 15 Methadone (for sale) ...... 22,278,000 Methadone Intermediate ...... 24,064,000 Methamphetamine ...... 1,446,754

[846,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 564,000 grams for methamphetamine mostly for conversion to a schedule III product; and 36,754 grams for methamphetamine (for sale)]

Methylphenidate ...... 64,600,000 Morphine (for conversion) ...... 4,089,000 Morphine (for sale) ...... 29,353,676 Nabilone ...... 62,000 Noroxymorphone (for conversion) ...... 17,804.670 Noroxymorphone (for sale) ...... 376,000 Opium (powder) ...... 84,600

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Final revised Basic class 2018 quotas (g)

Opium (tincture) ...... 564,000 Oripavine ...... 26,629,500 Oxycodone (for conversion) ...... 2,453,400 Oxycodone (for sale) ...... 79,596,606 Oxymorphone (for conversion) ...... 20,962,000 Oxymorphone (for sale) ...... 3,137,240 Pentobarbital ...... 25,850,000 Phenazocine ...... 5 Phencyclidine ...... 35 Phenmetrazine ...... 25 Phenylacetone ...... 40 Racemethorphan ...... 5 Racemorphan ...... 5 Remifentanil ...... 3,000 Secobarbital ...... 172,100 Sufentanil ...... 1,880 Tapentadol ...... 18,388,280 Thebaine ...... 84,600,000

List I Chemicals

Ephedrine (for conversion) ...... 47,000 Ephedrine (for sale) ...... 4,136,000 Phenylpropanolamine (for conversion) ...... 14,100,000 Phenylpropanolamine (for sale) ...... 7,990,000 Pseudoephedrine (for conversion) ...... 1,000 Pseudoephedrine (for sale) ...... 180,000,000

Aggregate production quotas for all FOR FURTHER INFORMATION CONTACT: If respond, including use of appropriate other schedule I and II controlled you have additional comments automated, electronic, mechanical, or substances included in 21 CFR 1308.11 especially on the estimated public other technological collection and 1308.12 remain at zero. burden or associated response time, techniques or other forms of Dated: December 3, 2018. suggestions, or need a copy of the information technology, e.g., Uttam Dhillon, proposed information collection permitting electronic submission of instrument with instructions or responses. Acting Administrator. additional information, please contact Overview of this information [FR Doc. 2018–26587 Filed 12–7–18; 8:45 am] Benjamin Adams, Social Science BILLING CODE 4410–09–P collection: Analyst, National Institute of Justice, 1. Type of Information Collection: 810 Seventh Street NW, Washington, DC Extension, without change, of a 20531 (email: benjamin.adams@ DEPARTMENT OF JUSTICE currently approved collection. usdoj.gov; telephone: 202–616–3687). 2. The Title of the Form/Collection: Office of Justice Programs SUPPLEMENTARY INFORMATION: Written Census of Juveniles in Residential comments and suggestions from the Placement. [OMB Number 1121–0218] public and affected agencies concerning 3. The agency form number, if any, Agency Information Collection the proposed collection of information and the applicable component of the Activities; Proposed eCollection are encouraged. Your comments should Department sponsoring the collection: eComments Requested; Extension address one or more of the following The form number is CJ–14, Office of Without Change, of a Previously four points: Justice Programs, United States Approved Collection Census of —Evaluate whether the proposed Department of Justice. Juveniles in Residential Placement collection of information is necessary 4. Affected public who will be asked (CJRP) for the proper performance of the or required to respond, as well as a brief functions of the agency, including abstract: AGENCY: Office of Justice Programs, whether the information shall have Primary: Federal Government, State, Department of Justice. practical utility; Local or Tribal. Other: Not-for-profit ACTION: 60-Day notice. —Evaluate whether the accuracy of the institutions; Business or other for-profit. agency’s estimate of the burden on the Abstract: The Census of Juveniles in SUMMARY: The Department of Justice proposed collection of information, Residential Placement (CJRP), which is (DOJ), Office of Justice Programs, will be including the validity of the administered biennially, collects submitting the following information methodology and assumptions that information from all secure and collection request to the Office of were used; nonsecure residential placement Management and Budget (OMB) for —Evaluate whether and if so how the facilities that house juvenile offenders, review and approval in accordance with quality, utility, and clarity of the defined as persons younger than age 21 the Paperwork Reduction Act of 1995. information collected can be who are held in a residential setting as DATES: Comments are encouraged and enhanced; and a result of some contact with the justice will be accepted for 60 days until —Minimize the burden of the collection system. This encompasses both status February 8, 2019. of information on those who are to offenses and delinquency offenses, and

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includes youth who are either including a description of the likely and BLS. This identification number temporarily detained by the court or respondents, proposed frequency of will be used to improve matching OSHA committed after adjudication for an response, and estimated total burden and BLS data. The BLS and OSHA also offense. The information gathered in the may be obtained free of charge from the continue to work together to explore national collection will be used in RegInfo.gov website at http:// technological solutions to reduce published reports and statistics. The www.reginfo.gov/public/do/ duplicative burden, including changes reports will be made available to the PRAViewICR?ref_nbr=201809-1220-003 to the collection systems for both and U.S. Congress, Executive Office of the (this link will only become active on the the possibility of data sharing from President, practitioners, researchers, day following publication of this notice) OHSA to BLS on a flow basis. The students, the media, others interested in or by contacting Michel Smyth by Household SOII feasibility test is now juvenile offenders, and the general telephone at 202–693–4129, TTY 202– complete and that collection has been public via the OJP agency websites. 693–8064, (these are not toll-free removed. OSH Act sections 8(c) and 5. An estimate of the total number of numbers) or sending an email to DOL_ 24(a) authorize this information respondents and the amount of time [email protected]. collection. See 29 U.S.C. 657(c), 673(a). estimated for an average respondent to Submit comments about this request This information collection is subject respond: It is estimated that 2,204 by mail to the Office of Information and to the PRA. A Federal agency generally respondents will complete Regulatory Affairs, Attn: OMB Desk cannot conduct or sponsor a collection questionnaire in an average of 3 hours Officer for DOL–BLS, Office of of information, and the public is per respondent. Management and Budget, Room 10235, generally not required to respond to an 6. An estimate of the total public 725 17th Street NW, Washington, DC information collection, unless it is burden (in hours) associated with the 20503; by Fax: 202–395–5806 (this is approved by the OMB under the PRA collection: There are an estimated 6,646 not a toll-free number); or by email: and displays a currently valid OMB total burden hours associated with the [email protected]. Control Number. In addition, collection. Commenters are encouraged, but not notwithstanding any other provisions of If additional information is required required, to send a courtesy copy of any law, no person shall generally be subject contact: Melody Braswell, Department comments by mail or courier to the U.S. to penalty for failing to comply with a Clearance Officer, United States Department of Labor—OASAM, Office collection of information that does not Department of Justice, Justice of the Chief Information Officer, Attn: display a valid Control Number. See 5 Management Division, Policy and Departmental Information Compliance CFR 1320.5(a) and 1320.6. The DOL Planning Staff, Two Constitution Management Program, Room N1301, obtains OMB approval for this Square, 145 N Street NE, 3E.405A, 200 Constitution Avenue NW, information collection under Control Washington, DC 20530. Washington, DC 20210; or by email: Number 1220–0045. The DOL notes that [email protected]. existing information collection Dated: December 4, 2018. requirements submitted to the OMB FOR FURTHER INFORMATION CONTACT: Melody Braswell, receive a month-to-month extension Michel Smyth by telephone at 202–693– Department Clearance Officer for PRA, U.S. while they undergo review. New 4129, TTY 202–693–8064, (these are not Department of Justice. requirements would only take effect toll-free numbers) or sending an email [FR Doc. 2018–26667 Filed 12–7–18; 8:45 am] upon OMB approval. For additional to [email protected]. BILLING CODE 4410–18–P substantive information about this ICR, SUPPLEMENTARY INFORMATION: This ICR see the related notice published in the seeks approval under the PRA for Federal Register on May 19, 2016 (81 DEPARTMENT OF LABOR revisions to the Survey of Occupational FR 31666). Injuries and Illnesses (SOII) information Interested parties are encouraged to Office of the Secretary collection. The SOII is the primary send comments to the OMB, Office of indicator of the Nation’s progress in Information and Regulatory Affairs at Agency Information Collection providing every working man and the address shown in the ADDRESSES Activities; Submission for OMB woman safe and healthful working section within thirty (30) days of Review; Comment Request; Survey of conditions. The survey measures the publication of this notice in the Federal Occupational Injuries and Illnesses overall rate of work injuries and Register. In order to help ensure illnesses by industry. In addition, appropriate consideration, comments ACTION: Notice of availability; request survey data are used to evaluate the should mention OMB Control Number for comments. effectiveness of Federal and State 1220–0045. The OMB is particularly programs and to prioritize scarce SUMMARY: The Department of Labor interested in comments that: resources. Respondents include • Evaluate whether the proposed (DOL) is submitting the Bureau of Labor employers who maintain related records Statistics (BLS) sponsored information collection of information is necessary in accordance with the Occupational for the proper performance of the collection request (ICR) revision titled, Safety and Health Act (OSH Act) and ‘‘Survey of Occupational Injuries and functions of the agency, including employers who are normally exempt whether the information will have Illnesses,’’ to the Office of Management from such recordkeeping. Each year a and Budget (OMB) for review and practical utility; sample of exempt employers is required • Evaluate the accuracy of the approval for use in accordance with the to keep records and participate in the Paperwork Reduction Act (PRA) of agency’s estimate of the burden of the survey. This information collection has proposed collection of information, 1995. Public comments on the ICR are been classified as a revision, because the invited. including the validity of the BLS proposes collecting Occupational methodology and assumptions used; DATES: The OMB will consider all Safety and Health Administration • Enhance the quality, utility, and written comments that agency receives (OSHA) assigned establishment clarity of the information to be on or before January 9, 2019. identification number on a voluntary collected; and ADDRESSES: A copy of this ICR with basis from SOII internet respondents • Minimize the burden of the applicable supporting documentation; required to submit data to the OSHA collection of information on those who

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are to respond, including through the of the Antideficiency Act, as amended NATIONAL CREDIT UNION use of appropriate automated, by Public Law 101–508, 104 Stat. 1388 ADMINISTRATION electronic, mechanical, or other (31 U.S.C. 1341), the Office of the technological collection techniques or Federal Register (OFR) announces Sunshine Act: Notice of Agency other forms of information technology, special procedures for agencies Meeting e.g., permitting electronic submission of submitting documents for publication in responses. the Federal Register. TIME AND DATE: 10:00 a.m., Thursday, Agency: DOL–BLS. In the event of an appropriations December 13, 2018 Title of Collection: Survey of lapse, the OFR would be required to PLACE: Board Room, 7th Floor, Room Occupational Injuries and Illnesses. publish documents directly related to 7047, 1775 Duke Street (All visitors OMB Control Number: 1220–0045. the performance of governmental must use Diagonal Road Entrance), Affected Public: State, Local, and functions necessary to address Alexandria, VA 22314–3428 Tribal Government and Private Sector— imminent threats to the safety of human STATUS: Open businesses or other for-profits, Farms, life or protection of property. Since it MATTERS TO BE CONSIDERED: and Not-for-profit institutions. would be impracticable for the OFR to 1. Final Report, NCUA Regulatory Total Estimated Number of make case-by-case determinations as to Reform Task Force. Respondents: 240,000. whether certain documents are directly 2. Board Briefing, Blockchain and Total Estimated Number of related to activities that qualify for an Distributed Ledger Technology. Responses: 240,000. exemption under the Antideficiency 3. NCUA Rules and Regulations, Total Estimated Annual Time Burden: Act, the OFR will place responsibility Technical Amendments. 319,001 hours. on agencies submitting documents to CONTACT PERSON FOR MORE INFORMATION: Total Estimated Annual Other Costs certify that their documents relate to Gerard Poliquin, Secretary of the Board, Burden: $0. emergency activities authorized under Telephone: 703–518–6304. Authority: 44 U.S.C. 3507(a)(1)(D). the Act. During a funding hiatus affecting one Gerard Poliquin, Dated: November 29, 2018. or more Federal agencies, the OFR will Secretary of the Board. Michel Smyth, remain open to accept and process [FR Doc. 2018–26819 Filed 12–6–18; 4:15 pm] Departmental Clearance Officer. documents authorized to be published BILLING CODE 7535–01–P [FR Doc. 2018–26583 Filed 12–7–18; 8:45 am] in the daily Federal Register in the BILLING CODE 4510–24–P absence of continuing appropriations. An agency wishing to submit a NATIONAL FOUNDATION ON THE document to the OFR during a funding ARTS AND THE HUMANITIES OFFICE OF THE FEDERAL REGISTER hiatus must attach a transmittal letter to the document which states that National Endowment for the Arts Publication Procedures for Federal publication in the Federal Register is Register Documents During a Funding necessary to safeguard human life, Arts Advisory Panel Meetings Hiatus protect property, or provide other emergency services consistent with the AGENCY: National Endowment for the AGENCY: Office of the Federal Register. performance of functions and services Arts. ACTION: Notice of special procedures. exempted under the Antideficiency Act. ACTION: Notice of meeting. Under the August 16, 1995 opinion of SUMMARY: In the event of an the Office of Legal Counsel of the SUMMARY: Pursuant to the Federal appropriations lapse, the Office of the Department of Justice, exempt functions Advisory Committee Act, as amended, Federal Register (OFR) would be and services would include activities notice is hereby given that 1 meeting of required to publish documents directly such as those related to the the Arts Advisory Panel to the National related to the performance of constitutional duties of the President, Council on the Arts will be held by governmental functions necessary to food and drug inspection, air traffic teleconference. address imminent threats to the safety of control, responses to natural or human life or protection of property. DATES: See the SUPPLEMENTARY manmade disasters, law enforcement Since it would be impracticable for the INFORMATION section for individual and supervision of financial markets. OFR to make case-by-case meeting times and dates. All meetings Documents related to normal or routine determinations as to whether certain are Eastern time and ending times are activities of Federal agencies, even if documents are directly related to approximate: funded under prior year appropriations, activities that qualify for an exemption ADDRESSES: National Endowment for the will not be published. under the Antideficiency Act, the OFR At the onset of a funding hiatus, the Arts, Constitution Center, 400 7th St. will place responsibility on agencies OFR may suspend the regular three-day SW, Washington, DC 20506. submitting documents to certify that publication schedule to permit a limited FOR FURTHER INFORMATION CONTACT: their documents relate to emergency number of exempt personnel to process Further information with reference to activities authorized under the Act. emergency documents. Agency officials these meetings can be obtained from Ms. FOR FURTHER INFORMATION CONTACT: will be informed as to the schedule for Sherry Hale, Office of Guidelines & Amy Bunk, Director of Legal Affairs and filing and publishing individual Panel Operations, National Endowment Policy, or Miriam Vincent, Staff documents. for the Arts, Washington, DC 20506; Attorney, Office of the Federal Register, [email protected], or call 202/682–5696. Authority: The authority for this action is National Archives and Records 44 U.S.C. 1502 and 1 CFR 2.4 and 5.1. SUPPLEMENTARY INFORMATION: The Administration, (202) 741–6030 or closed portions of meetings are for the [email protected]. Oliver A. Potts, purpose of Panel review, discussion, SUPPLEMENTARY INFORMATION: Due to the Director of the Federal Register. evaluation, and recommendations on possibility of a lapse in appropriations [FR Doc. 2018–26784 Filed 12–7–18; 8:45 am] financial assistance under the National and in accordance with the provisions BILLING CODE 1301–00–P Foundation on the Arts and the

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Humanities Act of 1965, as amended, telephone: 301–287–9127; email: 50–281 for Renewed Facility Operating including information given in [email protected]. For technical License Nos. DPR–32 and DPR–37, confidence to the agency. In accordance questions, contact the individual listed respectively, will be retained. The with the determination of the Chairman in the FOR FURTHER INFORMATION determination to accept the SLRA for of July 5, 2016, these sessions will be CONTACT section of this document. docketing does not constitute a closed to the public pursuant to • NRC’s Agencywide Documents determination that a subsequent subsection (c)(6) of section 552b of title Access and Management System renewed license should be issued, and 5, United States Code. (ADAMS): You may obtain publicly- does not preclude the NRC staff from The upcoming meeting is: available documents online in the requesting additional information as the Our Town (review of applications): ADAMS Public Documents collection at review proceeds. This meeting will be closed. http://www.nrc.gov/reading-rm/ Before issuance of the requested Date and time: December 17, 2018; adams.html. To begin the search, select subsequent renewed licenses, the NRC 11:00 a.m. to 1:00 p.m. ‘‘Begin Web-based ADAMS Search.’’ For will have made the findings required by Dated: December 4, 2018. problems with ADAMS, please contact the Act, and the Commission’s rules and Sherry Hale, the NRC’s Public Document Room (PDR) regulations. In accordance with 10 CFR reference staff at 1–800–397–4209, 301– 54.29, the NRC may issue a subsequent Staff Assistant, National Endowment for the renewed license on the basis of its Arts. 415–4737, or by email to pdr.resource@ review if it finds that actions have been [FR Doc. 2018–26655 Filed 12–7–18; 8:45 am] nrc.gov. The ADAMS accession number for each document referenced (if it is identified and have been or will be BILLING CODE 7537–01–P available in ADAMS) is provided the taken with respect to: (1) Managing the first time that it is mentioned in this effects of aging during the period of document. extended operation on the functionality NUCLEAR REGULATORY • NRC’s PDR: You may examine and of structures and components that have COMMISSION purchase copies of public documents at been identified as requiring aging [Docket Nos. 50–280 and 50–281; NRC– the NRC’s PDR, Room O1–F21, One management review; and (2) time- 2018–0247] White Flint North, 11555 Rockville limited aging analyses that have been Pike, Rockville, Maryland 20852. identified as requiring review, such that Virginia Electric and Power Company; there is reasonable assurance that the FOR FURTHER INFORMATION CONTACT: Dominion Energy Virginia; Surry activities authorized by the renewed Emmanuel Sayoc, Office of Nuclear Power Station, Unit Nos. 1 and 2 licenses will continue to be conducted Reactor Regulation, U.S. Nuclear in accordance with the current licensing AGENCY: Regulatory Commission, Washington, Nuclear Regulatory basis and that any changes made to the DC 20555–0001; telephone: 301–415– Commission. plant’s current licensing basis will 4084, email: [email protected]. ACTION: License renewal application; comply with the Act and the opportunity to request a hearing and to SUPPLEMENTARY INFORMATION: Commission’s regulations. petition for leave to intervene. I. Introduction Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an SUMMARY: The U.S. Nuclear Regulatory By letter dated October 15, 2018 environmental impact statement as a Commission (NRC) is considering an (ADAMS Package Accession No. supplement to the Commission’s application for the subsequent license ML18291A842), the NRC received an NUREG–1437, ‘‘Generic Environmental renewal of Renewed Facility Operating application from Virginia Electric and Impact Statement for License Renewal License Nos. DPR–32 and DPR–37, Power Company (Dominion Energy of Nuclear Power Plants,’’ dated June which authorize Virigina Electric and Virginia or the applicant), filed pursuant 2013. In considering the SLRA, the Power Company (Dominion Energy to Section 103 of the Atomic Energy Act Commission must find that the Virginia or the applicant) to operate of 1954, as amended (the Act), and part applicable requirements of subpart A of Surry Power Station (SPS), Unit Nos. 1 54 of title 10 of the Code of Federal 10 CFR part 51 have been satisfied, and and 2. The renewed licenses would Regulations (10 CFR), to renew that any matters raised under 10 CFR authorize the applicant to operate SPS operating licenses for SPS at 2,587 2.335 have been addressed. Pursuant to for an additional 20 years beyond the megawatt thermal each. The SPS units 10 CFR 51.26, and as part of the period specified in each of the current are pressurized-water reactors designed environmental scoping process, the staff renewed licenses. The current renewed by Westinghouse Electric Company and intends to hold public scoping operating licenses for SPS expire as are located in Surry, Virginia. A notice meetings. Detailed information follows: Unit 1 on May 25, 2032, and of receipt of the subsequent license regarding the environmental scoping Unit 2 on January 29, 2033. renewal application (SLRA) was meetings will be the subject of a DATES: A request for a hearing or published in the Federal Register (FR) separate Federal Register notice. petition for leave to intervene must be on November 1, 2018 (83 FR 54948). filed by February 5, 2019. The FRN incorrectly indicated the II. Opportunity To Request a Hearing ADDRESSES: Please refer to Docket ID submission date of the application to be and Petition for Leave To Intervene NRC–2018–0247 when contacting the October 16, 2018; the correct date is Within 60 days after the date of NRC about the availability of October 15, 2018. publication of this notice, any persons information regarding this document. The NRC staff has determined that (petitioner) whose interest may be You may obtain publicly-available Dominion Energy Virginia has affected by this action may file a request information related to this document submitted sufficient information in for a hearing and petition for leave to using any of the following methods: accordance with 10 CFR 54.19, 54.21, intervene (petition) with respect to the • Federal Rulemaking Website: Go to 54.22, 54.23, 51.45, and 51.53(c), to action. Petitions shall be filed in http://www.regulations.gov and search enable the staff to undertake a review of accordance with the Commission’s for Docket ID NRC–2018–0247. Address the application, and that the application ‘‘Agency Rules of Practice and questions about NRC Docket IDs in is, therefore, acceptable for docketing. Procedure’’ in 10 CFR part 2. Interested Regulations.gov to Jennifer Borges; The current Docket Nos. 50–280 and persons should consult a current copy

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of 10 CFR 2.309. The NRC’s regulations evidence, consistent with the NRC’s or other document filed in the are accessible electronically from the regulations, policies, and procedures. proceeding prior to the submission of a NRC Library on the NRC’s website at Petitions must be filed no later than request for hearing or petition to http://www.nrc.gov/reading-rm/doc- 60 days from the date of publication of intervene, and documents filed by collections/cfr/. Alternatively, a copy of this notice. Petitions and motions for interested governmental entities that the regulations is available at the NRC’s leave to file new or amended request to participate under 10 CFR Public Document Room, located at One contentions that are filed after the 2.315(c), must be filed in accordance White Flint North, Room O1–F21, 11555 deadline will not be entertained absent with the NRC’s E-Filing rule (72 FR Rockville Pike (first floor), Rockville, a determination by the presiding officer 49139; August 28, 2007, as amended at Maryland 20852. If a petition is filed, that the filing demonstrates good cause 77 FR 46562, August 3, 2012). The E- the Commission or a presiding officer by satisfying the three factors in 10 CFR Filing process requires participants to will rule on the petition and, if 2.309(c)(1)(i) through (iii). The petition submit and serve all adjudicatory appropriate, a notice of hearing will be must be filed in accordance with the documents over the internet, or in some issued. filing instructions in the ‘‘Electronic cases to mail copies on electronic As required by 10 CFR 2.309, a Submissions (E-Filing)’’ section of this storage media. Detailed guidance on petition should specifically explain the document. making electronic submissions may be reasons why intervention should be A State, local governmental body, found in the Guidance for Electronic permitted with particular reference to Federally-recognized Indian Tribe, or Submissions to the NRC and on the the following general requirements for agency thereof, may submit a petition to NRC’s website at http://www.nrc.gov/ standing: (1) The name, address, and the Commission to participate as a party site-help/e-submittals.html. Participants telephone number of the petitioner; (2) under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the nature of the petitioner’s right under should state the nature and extent of the filings unless they seek an exemption in the Act to be made a party to the petitioner’s interest in the proceeding. accordance with the procedures proceeding; (3) the nature and extent of The petition should be submitted to the described below. Commission no later than 60 days from the petitioner’s property, financial, or To comply with the procedural the date of publication of this notice. other interest in the proceeding; and (4) requirements of E-Filing, at least 10 The petition must be filed in accordance the possible effect of any decision or days prior to the filing deadline, the with the filing instructions in the order which may be entered in the participant should contact the Office of ‘‘Electronic Submission (E-Filing)’’ proceeding on the petitioner’s interest. the Secretary by email at section of this document, and should [email protected], or by telephone In accordance with 10 CFR 2.309(f), meet the requirements for petitions set at 301–415–1677, to request (1) a digital the petition must also set forth the forth in this section, except that under identification (ID) certificate, which specific contentions which the 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or petitioner seeks to have litigated in the governmental body, or Federally- representative) to digitally sign proceeding. Each contention must recognized Indian Tribe, or agency submissions and access the E-Filing consist of a specific statement of the thereof does not need to address the system for any proceeding in which it issue of law or fact to be raised or standing requirements in 10 CFR is participating; and (2) advise the controverted. In addition, the petitioner 2.309(d) if the facility is located within Secretary that the participant will be must provide a brief explanation of the its boundaries. Alternatively, a State, submitting a request or other bases for the contention and a concise local governmental body, Federally- adjudicatory document (even in statement of the alleged facts or expert recognized Indian Tribe, or agency instances in which the participant, or its opinion which support the contention thereof may participate as a non-party counsel or representative, already holds and on which the petitioner intends to under 10 CFR 2.315(c). an NRC-issued digital ID certificate). rely in proving the contention at the If a hearing is granted, any person Based upon this information, the hearing. The petitioner must also who is not a party to the proceeding and Secretary will establish an electronic provide references to the specific is not affiliated with or represented by docket for the hearing in this proceeding sources and documents on which the a party may, in the discretion of the if the Secretary has not already petitioner intends to rely to support its presiding officer, be permitted to make established an electronic docket. position on the issue. The petition must a limited appearance pursuant to the Information about applying for a include sufficient information to show provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the that a genuine dispute exists with the making a limited appearance may make NRC’s public website at http:// applicant or licensee on a material issue an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ of law or fact. Contentions must be position on the issues but may not getting-started.html. Once a participant limited to matters within the scope of otherwise participate in the proceeding. has obtained a digital ID certificate and the proceeding. The contention must be A limited appearance may be made at a docket has been created, the one which, if proven, would entitle the any session of the hearing or at any participant can then submit petitioner to relief. A petitioner who prehearing conference, subject to the adjudicatory documents. Submissions fails to satisfy the requirements at 10 limits and conditions as may be must be in Portable Document Format CFR 2.309(f) with respect to at least one imposed by the presiding officer. Details (PDF). Additional guidance on PDF contention will not be permitted to regarding the opportunity to make a submissions is available on the NRC’s participate as a party. limited appearance will be provided by public website at http://www.nrc.gov/ Those permitted to intervene become the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A parties to the proceeding, subject to any scheduled. filing is considered complete at the time limitations in the order granting leave to the document is submitted through the intervene. Parties have the opportunity III. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an to participate fully in the conduct of the All documents filed in NRC electronic filing must be submitted to hearing with respect to resolution of adjudicatory proceedings, including a the E-Filing system no later than 11:59 that party’s admitted contentions, request for hearing and petition for p.m. Eastern Time on the due date. including the opportunity to present leave to intervene (petition), any motion Upon receipt of a transmission, the E-

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Filing system time-stamps the document Documents submitted in adjudicatory For the Nuclear Regulatory Commission. and sends the submitter an email notice proceedings will appear in the NRC’s Eric R. Oesterle, confirming receipt of the document. The electronic hearing docket which is Chief, License Renewal Project Branch, E-Filing system also distributes an email available to the public at https:// Division of Materials and License Renewal, notice that provides access to the adams.nrc.gov/ehd, unless excluded Office of Nuclear Reactor Regulation. document to the NRC’s Office of the pursuant to an order of the Commission [FR Doc. 2018–26614 Filed 12–7–18; 8:45 am] General Counsel and any others who or the presiding officer. If you do not BILLING CODE 7590–01–P have advised the Office of the Secretary have an NRC-issued digital ID certificate that they wish to participate in the as described above, click cancel when proceeding, so that the filer need not the link requests certificates and you NUCLEAR REGULATORY serve the document on those will be automatically directed to the COMMISSION participants separately. Therefore, applicants and other participants (or NRC’s electronic hearing dockets where [NRC–2018–0001] their counsel or representative) must you will be able to access any publicly Sunshine Act Meetings apply for and receive a digital ID available documents in a particular hearing docket. Participants are certificate before adjudicatory TIME AND DATE: Weeks of 10, 17, 24, 31, requested not to include personal documents are filed so that they can 2018, January 7, 14, 2019. obtain access to the documents via the privacy information, such as social PLACE: Commissioners’ Conference E-Filing system. security numbers, home addresses, or A person filing electronically using personal phone numbers in their filings, Room, 11555 Rockville Pike, Rockville, the NRC’s adjudicatory E-Filing system unless an NRC regulation or other law Maryland. may seek assistance by contacting the requires submission of such STATUS: Public and Closed. NRC’s Electronic Filing Help Desk information. For example, in some MATTERS TO BE CONSIDERED: through the ‘‘Contact Us’’ link located instances, individuals provide home Week of December 10, 2018—Tentative on the NRC’s public website at http:// addresses in order to demonstrate www.nrc.gov/site-help/e- proximity to a facility or site. With There are no meetings scheduled for submittals.html, by email to respect to copyrighted works, except for the week of December 10, 2018. [email protected], or by a toll- limited excerpts that serve the purpose Week of December 17, 2018—Tentative free call at 1–866–672–7640. The NRC of the adjudicatory filings and would Electronic Filing Help Desk is available There are no meetings scheduled for constitute a Fair Use application, between 9 a.m. and 6 p.m., Eastern the week of December 17, 2018. participants are requested not to include Time, Monday through Friday, Week of December 24, 2018—Tentative excluding government holidays. copyrighted materials in their Participants who believe that they submission. There are no meetings scheduled for have a good cause for not submitting Detailed information about the the week of December 24, 2018. documents electronically must file an subsequent license renewal process can Week of December 31, 2018—Tentative exemption request, in accordance with be found under the Nuclear Reactors 10 CFR 2.302(g), with their initial paper icon at http://www.nrc.gov/reactors/ There are no meetings scheduled for the week of December 31, 2018. filing stating why there is good cause for operating/licensing/renewal.html on the not filing electronically and requesting NRC’s website. Copies of the application Week of January 7, 2019—Tentative authorization to continue to submit to renew the operating licenses for SPS There are no meetings scheduled for documents in paper format. Such filings are available for public inspection at the must be submitted by: (1) First class the week of January 7, 2019. NRC’s PDR, and at https://www.nrc.gov/ mail addressed to the Office of the reactors/operating/licensing/renewal/ Week of January 14, 2019—Tentative Secretary of the Commission, U.S. Nuclear Regulatory Commission, subsequent-license-renewal.html, the There are no meetings scheduled for Washington, DC 20555–0001, Attention: NRC’s website while the application is the week of January 14, 2019. Rulemaking and Adjudications Staff; or under review. The application may be CONTACT PERSON FOR MORE INFORMATION: (2) courier, express mail, or expedited accessed in ADAMS through the NRC For more information or to verify the delivery service to the Office of the Library on the internet at http:// status of meetings, contact Denise Secretary, 11555 Rockville Pike, www.nrc.gov/reading-rm/adams.html McGovern at 301–415–0681 or via email Rockville, Maryland 20852, Attention: under ADAMS Accession No. at [email protected]. The Rulemaking and Adjudications Staff. ML18291A842. As stated above, persons schedule for Commission meetings is Participants filing adjudicatory who do not have access to ADAMS or subject to change on short notice. documents in this manner are who encounter problems in accessing The NRC Commission Meeting responsible for serving the document on the documents located in ADAMS may Schedule can be found on the internet all other participants. Filing is contact the NRC’s PDR reference staff by at: http://www.nrc.gov/public-involve/ considered complete by first-class mail telephone at 1–800–397–4209 or 301– public-meetings/schedule.html. as of the time of deposit in the mail, or 415–4737, or by email to pdr.resources@ The NRC provides reasonable by courier, express mail, or expedited nrc.gov. accommodation to individuals with delivery service upon depositing the disabilities where appropriate. If you document with the provider of the The NRC staff has verified that a copy need a reasonable accommodation to service. A presiding officer, having of the SLRA is also available for participate in these public meetings, or granted a request for exemption from inspection near the site at the need this meeting notice or the using E-Filing, may require a participant Williamsburg Library, 515 Scotland St., transcript or other information from the or party to use E-Filing if the presiding Williamsburg, VA 23185. public meetings in another format (e.g., officer subsequently determines that the Dated at Rockville, Maryland, this 4th day braille, large print), please notify reason for granting the exemption from of December, 2018. Kimberly Meyer-Chambers, NRC use of E-Filing no longer exists. Disability Program Manager, at 301–

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287–0739, by videophone at 240–428– questions, contact the individual listed The NRC does not routinely edit 3217, or by email at Kimberly.Meyer- in the FOR FURTHER INFORMATION comment submissions to remove [email protected]. Determinations on CONTACT section of this document. identifying or contact information. requests for reasonable accommodation • Mail comments to: May Ma, Office If you are requesting or aggregating will be made on a case-by-case basis. of Administration, Mail Stop: TWFN–7– comments from other persons for Members of the public may request to A60M, U.S. Nuclear Regulatory submission to the NRC, then you should receive this information electronically. Commission, Washington, DC 20555– inform those persons not to include If you would like to be added to the 0001. identifying or contact information that distribution, please contact the Nuclear For additional direction on obtaining they do not want to be publicly Regulatory Commission, Office of the information and submitting comments, disclosed in their comment submission. Secretary, Washington, DC 20555 (301– see ‘‘Obtaining Information and Your request should state that the NRC 415–1969), or by email at Submitting Comments’’ in the does not routinely edit comment [email protected] or SUPPLEMENTARY INFORMATION section of submissions to remove such information [email protected]. this document. before making the comment Dated at Rockville, Maryland, this 6th day FOR FURTHER INFORMATION CONTACT: John submissions available to the public or of December, 2018. G. Lamb, Office of Nuclear Reactor entering the comment into ADAMS. For the Nuclear Regulatory Commission. Regulation, U.S. Nuclear Regulatory II. Discussion Denise L. McGovern, Commission, Washington, DC 20555– On October 19, 2018, the NRC Policy Coordinator, Office of the Secretary. 0001; telephone: 301–415–3100, email: [email protected]. solicited comments on ‘‘Oyster Creek [FR Doc. 2018–26820 Filed 12–6–18; 4:15 pm] SUPPLEMENTARY INFORMATION: Nuclear Generating Station; BILLING CODE 7590–01–P Consideration of Approval of Transfer of I. Obtaining Information and License and Conforming Amendment.’’ Submitting Comments The purpose of the original Federal NUCLEAR REGULATORY A. Obtaining Information Register notice (83 FR 53119; October COMMISSION 19, 2018) was to provide an opportunity [Docket Nos. 50–219 and 72–15; NRC–2018– Please refer to Docket ID NRC–2018– to comment, request a hearing, and 0237] 0237. You may obtain publicly-available petition for leave to intervene. The information related to this action by any public comment period closed on Oyster Creek Nuclear Generating of the following methods: November 19, 2018. The NRC has • Station; Consideration of Approval of Federal Rulemaking Website: Go to decided to reopen the public comment Transfer of License and Conforming http://www.regulations.gov and search period on this document until January Amendment for Docket ID NRC–2018–0237. 9, 2019, to allow more time for members • NRC’s Agencywide Documents AGENCY: Nuclear Regulatory of the public to develop and submit Access and Management System comments. The period to request a Commission. (ADAMS): You may obtain publicly- ACTION: Application for direct transfer of hearing and petition for leave to available documents online in the intervene is not being reopened. license; reopening of comment period. ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ Dated at Rockville, Maryland, this 4th day SUMMARY: On October 19, 2018, the U.S. of December 2018. Nuclear Regulatory Commission (NRC) adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For For the Nuclear Regulatory Commission. solicited comments on ‘‘Oyster Creek John G. Lamb, Nuclear Generating Station; problems with ADAMS, please contact the NRC’s Public Document Room (PDR) Senior Project Manager, Special Projects and Consideration of Approval of Transfer of Process Branch, Division of Operating Reactor License and Conforming Amendment.’’ reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ Licensing, Office of Nuclear Reactor The public comment period closed on Regulation. November 19, 2018. The NRC has nrc.gov. The Application for Order Approving Direct Transfer of Renewed [FR Doc. 2018–26615 Filed 12–7–18; 8:45 am] decided to reopen the public comment BILLING CODE 7590–01–P period to allow more time for members Facility Operating License and General of the public to develop and submit License and Proposed Conforming License Amendment for Oyster Creek is comments. NUCLEAR REGULATORY available in ADAMS under Accession COMMISSION DATES: The comment period for the No. ML18243A489. document published on October 19, • NRC’s PDR: You may examine and 2018 (83 FR 53119), has been reopened. Advisory Committee on Reactor purchase copies of public documents at Safeguards; Charter Renewal Comments must be filed by January 9, the NRC’s PDR, Room O1–F21, One 2019. Comments received after this date White Flint North, 11555 Rockville AGENCY: Nuclear Regulatory will be considered, if it is practical to do Pike, Rockville, Maryland 20852. Commission. so, but the Commission is able to ensure B. Submitting Comments ACTION: Notice of renewal of the Charter consideration only for comments of the Advisory Committee on Reactor received on or before this date. Please include Docket ID NRC–2018– Safeguards. ADDRESSES: You may submit comments 0237 in your comment submission. by any of the following methods: The NRC cautions you not to include SUMMARY: The Advisory Committee on • Federal Rulemaking Website: Go to identifying or contact information that Reactor Safeguards (ACRS) was http://www.regulations.gov and search you do not want to be publicly established by Section 29 of the Atomic for Docket ID NRC–2018–0237. Address disclosed in your comment submission. Energy Act (AEA) of 1954, as amended. questions about Docket IDs in The NRC will post all comment Its purpose is to provide advice to the Regulations.gov to Jennifer Borges; submissions at http:// Commission with regard to the hazards telephone: 301–287–9127; email: www.regulations.gov as well as enter the of proposed or existing reactor facilities, [email protected]. For technical comment submissions into ADAMS. to review each application for a

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construction permit or operating license FOR FURTHER INFORMATION CONTACT: Priority Mail & First-Class Package for certain facilities specified in the David A. Trissell, General Counsel, at Service Contract 67, Filed Under Seal; AEA, and such other duties as the 202–789–6820. Filing Acceptance Date: November 30, Commission may request. The AEA as SUPPLEMENTARY INFORMATION: 2018; Filing Authority: 39 U.S.C. 3642, amended by Public Law 100–456 also 39 CFR 3020.30 et seq., and 39 CFR specifies that the Defense Nuclear Safety Table of Contents 3015.5; Public Representative: Board may obtain the advice and I. Introduction Christopher C. Mohr; Comments Due: recommendations of the ACRS. II. Docketed Proceeding(s) December 10, 2018. Membership on the Committee I. Introduction 2. Docket No(s).: CP2017–201; Filing includes individuals experienced in Title: USPS Notice of Amendment to reactor operations, management; The Commission gives notice that the Priority Mail Express Contract 48, Filed probabilistic risk assessment; analysis of Postal Service filed request(s) for the Under Seal; Filing Acceptance Date: reactor accident phenomena; design of Commission to consider matters related November 30, 2018; Filing Authority: 39 nuclear power plant structures, systems to negotiated service agreement(s). The U.S.C. 3642, 39 CFR 3020.30 et seq., and and components; materials science; and request(s) may propose the addition or 39 CFR 3015.5; Public Representative: mechanical, civil, and electrical removal of a negotiated service Christopher C. Mohr; Comments Due: engineering. agreement from the market dominant or December 10, 2018. The Nuclear Regulatory Commission the competitive product list, or the 3. Docket No(s).: MC2019–36 and has determined that renewal of the modification of an existing product CP2019–38; Filing Title: USPS Request charter for the ACRS until December 3, currently appearing on the market to Add Priority Mail Contract 485 to dominant or the competitive product 2020, is in the public interest in Competitive Product List and Notice of list. connection with the statutory Filing Materials Under Seal; Filing Section II identifies the docket Acceptance Date: November 30, 2018; responsibilities assigned to the ACRS. number(s) associated with each Postal This action is being taken in accordance Filing Authority: 39 U.S.C. 3642, 39 CFR Service request, the title of each Postal 3020.30 et seq., and 39 CFR 3015.5; with the Federal Advisory Committee Service request, the request’s acceptance Act. Public Representative: Kenneth R. date, and the authority cited by the Moeller; Comments Due: December 10, FOR FURTHER INFORMATION CONTACT: Postal Service for each request. For each 2018. Russell E. Chazell, Office of the request, the Commission appoints an 4. Docket No(s).: MC2019–37 and Secretary, NRC, Washington, DC 20555; officer of the Commission to represent CP2019–39; Filing Title: USPS Request telephone: (301) 415–7469 or at the interests of the general public in the to Add Priority Mail Contract 486 to [email protected]. proceeding, pursuant to 39 U.S.C. 505 Competitive Product List and Notice of Dated: December 3, 2018. (Public Representative). Section II also Filing Materials Under Seal; Filing establishes comment deadline(s) Russell E. Chazell, Acceptance Date: November 30, 2018; pertaining to each request. Filing Authority: 39 U.S.C. 3642, 39 CFR Federal Advisory Committee Management The public portions of the Postal 3020.30 et seq., and 39 CFR 3015.5; Officer, Office of the Secretary. Service’s request(s) can be accessed via Public Representative: Kenneth R. [FR Doc. 2018–26592 Filed 12–7–18; 8:45 am] the Commission’s website (http:// Moeller; Comments Due: December 10, BILLING CODE 7590–01–P www.prc.gov). Non-public portions of 2018. the Postal Service’s request(s), if any, This Notice will be published in the can be accessed through compliance Federal Register. POSTAL REGULATORY COMMISSION with the requirements of 39 CFR 3007.301.1 Ruth Ann Abrams, [Docket Nos. CP2018–124; CP2017–201; The Commission invites comments on MC2019–37 and CP2019–39; MC2019–37 Acting Secretary. and CP2019–39] whether the Postal Service’s request(s) [FR Doc. 2018–26603 Filed 12–7–18; 8:45 am] in the captioned docket(s) are consistent BILLING CODE 7710–FW–P New Postal Product with the policies of title 39. For request(s) that the Postal Service states AGENCY: Postal Regulatory Commission. concern market dominant product(s), SECURITIES AND EXCHANGE ACTION: Notice. applicable statutory and regulatory COMMISSION requirements include 39 U.S.C. 3622, 39 SUMMARY: The Commission is noticing a U.S.C. 3642, 39 CFR part 3010, and 39 Sunshine Act Meetings recent Postal Service filing for the CFR part 3020, subpart B. For request(s) Commission’s consideration concerning that the Postal Service states concern TIME AND DATE: Notice is hereby given, a negotiated service agreement. This competitive product(s), applicable pursuant to the provisions of the notice informs the public of the filing, statutory and regulatory requirements Government in Sunshine Act, Public invites public comment, and takes other include 39 U.S.C. 3632, 39 U.S.C. 3633, Law 94–409, that the Securities and administrative steps. 39 U.S.C. 3642, 39 CFR part 3015, and Exchange Commission Investor DATES: Comments are due: December 39 CFR part 3020, subpart B. Comment Advisory Committee will hold a 10, 2018. deadline(s) for each request appear in meeting on Thursday, December 13, ADDRESSES: Submit comments section II. 2018 at 9:00 a.m. (ET). PLACE: electronically via the Commission’s II. Docketed Proceeding(s) The meeting will be held in Filing Online system at http:// Multi-Purpose Room LL–006 at the www.prc.gov. Those who cannot submit 1. Docket No(s).: CP2018–124; Filing Commission’s headquarters, 100 F comments electronically should contact Title: USPS Notice of Amendment to Street NE, Washington, DC 20549. the person identified in the FOR FURTHER STATUS: This meeting will begin at 9:00 1 INFORMATION CONTACT See Docket No. RM2018–3, Order Adopting section by Final Rules Relating to Non-Public Information, a.m. (ET) and will be open to the public. telephone for advice on filing June 27, 2018, Attachment A at 19–22 (Order No. Seating will be on a first-come, first- alternatives. 4679). served basis. Doors will open at 8:30

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a.m. Visitors will be subject to security (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and FILING DATES: The application was filed checks. The meeting will be webcast on (a)(10), permit consideration of the on April 27, 2018, and amended on the Commission’s website at scheduled matters at the closed meeting. August 31, 2018. www.sec.gov. Commissioner Stein, as duty officer, HEARING OR NOTIFICATION OF HEARING: MATTERS TO BE CONSIDERED: On voted to consider the items listed for the An order granting the requested relief November 9, 2018, the Commission closed meeting in closed session. will be issued unless the Commission issued notice of the Committee meeting The subject matters of the closed orders a hearing. Interested persons may (Release No. 33–10573), indicating that meeting will be: request a hearing by writing to the the meeting is open to the public Institution and settlement of Commission’s Secretary and serving (except during that portion of the injunctive actions; applicants with a copy of the request, meeting reserved for an administrative Institution and settlement of personally or by mail. Hearing requests work session during lunch), and administrative proceedings; should be received by the Commission inviting the public to submit written Resolution of litigation claims; and by 5:30 p.m. on December 31, 2018, and comments to the Committee. This Other matters relating to enforcement should be accompanied by proof of Sunshine Act notice is being issued proceedings. service on the applicants, in the form of because a quorum of the Commission At times, changes in Commission an affidavit, or, for lawyers, a certificate may attend the meeting. priorities require alterations in the of service. Pursuant to rule 0–5 under The agenda for the meeting includes: scheduling of meeting items. the Act, hearing requests should state Welcome remarks; a discussion CONTACT PERSON FOR MORE INFORMATION: the nature of the writer’s interest, any regarding disclosures on human capital For further information and to ascertain facts bearing upon the desirability of a (which may include a recommendation what, if any, matters have been added, hearing on the matter, the reason for the from the Investor as Owner deleted or postponed; please contact request, and the issues contested. subcommittee); a discussion regarding Brent J. Fields from the Office of the Persons who wish to be notified of a disclosures on sustainability and Secretary at (202) 551–5400. hearing may request notification by environmental, social, and governance writing to the Commission’s Secretary. Dated: December 6, 2018. (ESG) topics; a discussion regarding ADDRESSES: Secretary, U.S. Securities Brent J. Fields, unpaid arbitration awards; and Exchange Commission, 100 F Street subcommittee reports; and a nonpublic Secretary. NE, Washington, DC 20549–1090; administrative work session during [FR Doc. 2018–26822 Filed 12–6–18; 4:15 pm] Applicants: 510 Madison Avenue, 21st lunch. BILLING CODE 8011–01–P Floor, New York, New York 10022. CONTACT PERSON FOR MORE INFORMATION: FOR FURTHER INFORMATION CONTACT: Kyle For further information and to ascertain R. Ahlgren, Senior Counsel, at (202) what, if any, matters have been added, SECURITIES AND EXCHANGE COMMISSION 551–6857, or Aaron Gilbride, Branch deleted or postponed; please contact Chief, at (202) 551–6821 (Division of Brent J. Fields from the Office of the [Investment Company Act Release No. Investment Management, Chief Secretary at (202) 551–5400. 33315; 812–14900] Counsel’s Office). Dated: December 4, 2018. SUPPLEMENTARY INFORMATION: The Brent J. Fields, Stone Ridge Trust II, et al. following is a summary of the Secretary. December 4, 2018. application. The complete application may be obtained via the Commission’s [FR Doc. 2018–26737 Filed 12–6–18; 11:15 am] AGENCY: Securities and Exchange website by searching for the file BILLING CODE 8011–01–P Commission (‘‘Commission’’). number, or for an applicant using the ACTION: Notice. Company name box, at http:// SECURITIES AND EXCHANGE Notice of an application under section www.sec.gov/search/search.htm or by COMMISSION 6(c) of the Investment Company Act of calling (202) 551–8090. Sunshine Act Meetings 1940 (the ‘‘Act’’) for an exemption from Applicants’ Representations sections 18(a)(2), 18(c) and 18(i) of the 1. Each of the Initial Funds is a TIME AND DATE: 2:00 p.m. on Thursday, Act, under sections 6(c) and 23(c) of the Delaware statutory trust that is December 13, 2018. Act for an exemption from rule 23c-3 registered under the Act as a closed-end PLACE: The meeting will be held at the under the Act, and for an order pursuant management investment company and Commission’s headquarters, 100 F to section 17(d) of the Act and rule 17d- operated as an interval fund pursuant to Street, NE, Washington, DC 20549. 1 under the Act. rule 23c-3 under the Act. The STATUS: This meeting will be closed to SUMMARY OF APPLICATION: Applicants investment objective of Stone Ridge the public. request an order to permit certain Trust II and Stone Ridge Trust IV is to MATTERS TO BE CONSIDERED: registered closed-end management achieve long-term capital appreciation. Commissioners, Counsel to the investment companies to issue multiple Stone Ridge Trust II pursues its Commissioners, the Secretary to the classes of shares and to impose early investment objective primarily by Commission, and recording secretaries withdrawal charges and asset-based investing in reinsurance-related will attend the closed meeting. Certain distribution fees and/or service fees securities, while Stone Ridge Trust IV, staff members who have an interest in with respect to certain classes. upon commencement of operations, will the matters also may be present. APPLICANTS: Stone Ridge Trust II, Stone pursue its investment objective by The General Counsel of the Ridge Trust III, Stone Ridge Trust IV investing all or substantially all of its Commission, or his designee, has and Stone Ridge Trust V (collectively, assets in the Stone Ridge Reinsurance certified that, in his opinion, one or the ‘‘Initial Funds’’) and Stone Ridge Interval Fund, which also invests in more of the exemptions set forth in 5 Asset Management LLC (the ‘‘Adviser’’ reinsurance-related securities. The U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and together with the Initial Funds, the investment objective of Stone Ridge and (10) and 17 CFR 200.402(a)(3), ‘‘Applicants’’). Trust III is to achieve capital

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appreciation, which it pursues primarily to continuously offer at least one Applicants also represent that each by receiving premiums in connection additional class of shares (‘‘New Class Fund will include in its prospectus with its derivatives contracts. The Shares’’). Each of the Initial Class Shares disclosure the fees, expenses and other investment objective of Stone Ridge and the New Class Shares will have its characteristics of each class of shares Trust V is to achieve total return and own fee and expense structure. Because offered for sale by the prospectus, as is current income, which it pursues of the different distribution and/or required for open-end multi-class funds primarily by buying and selling service fees, services, and any other under Form N–1A.5 As is required for alternative lending-related securities class expenses that may be attributable open-end funds, each Fund will that generate interest or other streams of to each class of shares, the net income disclose fund expenses borne by payments. attributable to, and the dividends shareholders during the reporting 2. The Adviser is a Delaware limited payable on, each class of shares may period in shareholder reports, and liability company and is an investment differ from each other. describe in their prospectuses any adviser registered with the Commission 7. Applicants state that, from time to arrangements that result in breakpoints under the Investment Advisers Act of time, the Funds may create additional in, or elimination of, sales loads.6 In 1940. The Adviser serves as investment classes of shares, the terms of which addition, applicants will comply with adviser to the Initial Funds. may differ from their other share classes applicable enhanced fee disclosure 3. Applicants seek an order to permit in the following respects: (i) The requirements for fund of funds, the Funds (as defined below) to issue amount of fees permitted by different including registered funds of hedge multiple classes of shares, each having distribution plans and/or different funds.7 its own fee and expense structure and service fee arrangements; (ii) voting 10. Each Fund will comply with any to impose early withdrawal charges rights with respect to a distribution and/ requirements that the Commission or (‘‘EWCs’’) and asset-based distribution or service plan of a class; (iii) different FINRA may adopt regarding disclosure and/or service fees with respect to class designations; (iv) the impact of any at the point of sale and in transaction certain classes. class expenses directly attributable to a confirmations about the costs and 4. Applicants request that the order particular class of shares allocated on a conflicts of interest arising out of the also apply to any continuously-offered class basis as described in the distribution of open-end investment registered closed-end management application; (v) any differences in company shares, and regarding investment company that has been dividends and net asset value resulting prospectus disclosure of sales loads and previously organized or that may be from differences in fees under a revenue sharing arrangements, as if organized in the future for which the distribution plan and/or service fee those requirements applied to each Adviser or any entity controlling, arrangement or in class expenses; (vi) Fund. In addition, each Fund will controlled by, or under common control any EWC or other sales load structure; contractually require that any with the Adviser, or any successor in and (vii) exchange or conversion distributor of the Fund’s shares comply interest to any such entity,1 acts as privileges of the classes as permitted with such requirements in connection investment adviser and that operates as under the Act. with the distribution of such Fund’s an interval fund pursuant to rule 23c-3 8. Applicants state that each Initial shares. under the Act or provides periodic Fund has adopted a fundamental policy 11. Each Fund will allocate all liquidity with respect to its shares to repurchase a specified percentage of expenses incurred by it among the pursuant to rule 13e-4 under the its shares (no less than 5% and no more various classes of shares based on the Securities Exchange Act of 1934, as than 25%) at net asset value on a net assets of that Fund attributable to amended (the ‘‘Exchange Act’’) (each, a periodic basis. Such repurchase offers each such class, except that the net asset ‘‘Future Fund’’ and together with the will be conducted pursuant to rule 23c– value and expenses of each class will Initial Funds, the ‘‘Funds’’).2 3 under the Act. Each of the other Funds reflect the expenses associated with the 5. Each Initial Fund, except Stone will likewise adopt fundamental distribution and/or service plan of that Ridge Trust IV, is currently offering its investment policies and make periodic class (if any), service fees attributable to common shares of beneficial interest repurchase offers to its shareholders in that class (if any), including transfer (‘‘Initial Class Shares’’) on a continuous compliance with rule 23c–3 or will agency fees, and any other incremental basis. Applicants state that additional provide periodic liquidity with respect expenses of that class. Expenses of a offerings by any Fund relying on the to its shares pursuant to rule 13e-4 Fund allocated to a particular class of order may be on a private placement or under the Exchange Act.3 Any shares will be borne on a pro rata basis public offering basis. Shares of the repurchase offers made by the Funds by each outstanding share of that class. Funds will not be listed on any will be made to all holders of shares of Applicants state that each Fund will securities exchange, nor quoted on any each such Fund as of the selected record 5 quotation medium, and the Funds do date. In all respects other than class by class 9. Applicants represent that any asset- disclosure, each Fund will comply with the not expect there to be a secondary requirements of Form N–2. trading market for their shares. based service and/or distribution fees 6 See Shareholder Reports and Quarterly Portfolio 6. If the requested relief is granted, for each class of shares of the Funds will Disclosure of Registered Management Investment each Initial Fund intends to file an comply with the provisions of FINRA Companies, Investment Company Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring amendment to its registration statement Rule 2341 (formerly NASD rule 2380(d)) 4 open-end investment companies to disclose fund (the ‘‘FINRA Sales Charge Rule’’). expenses in shareholder reports); and Disclosure of 1 A successor in interest is limited to an entity Breakpoint Discounts by Mutual Funds, Investment that results from a reorganization into another 3 Applicants submit that rule 23c–3 and Company Act Release No. 26464 (June 7, 2004) jurisdiction or a change in the type of business Regulation M under the Exchange Act permit an (adopting release) (requiring open-end investment organization. interval fund to make repurchase offers to companies to provide prospectus disclosure of 2 Applicants represent that any of the Funds repurchase its shares while engaging in a certain sales load information). relying on this relief in the future will do so in a continuous offering of its shares pursuant to Rule 7 Fund of Funds Investments, Investment manner consistent with the terms and conditions of 415 under the Securities Act of 1933, as amended. Company Act Rel. Nos. 26198 (Oct. 1, 2003) the application. Applicants further represent that 4 Any reference in the application to the FINRA (proposing release) and 27399 (Jun. 20, 2006) each entity presently intending to rely on the Sales Charge Rule includes any successor or (adopting release). See also Rules 12d1–1, et seq. of requested relief is listed as an Applicant. replacement to the FINRA Sales Charge Rule. the Act.

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comply with the provisions of rule 18f- more than one class of senior security. be purchased; or (c) under other 3 under the Act as if it were an open- Applicants acknowledge that the circumstances as the Commission may end investment company. creation of multiple classes of shares of permit by rules and regulations or 12. Applicants state that each Fund the Funds may be prohibited by section orders for the protection of investors. may impose an EWC on shares 18(c), as a class may have priority over 2. Rule 23c–3 under the Act permits submitted for repurchase that have been another class as to payment of a registered closed–end investment held less than a specified period and dividends because shareholders of company (an ‘‘interval fund’’) to make may grant waivers of the EWCs on different classes would pay different repurchase offers of between five and repurchases in connection with certain fees and expenses. twenty-five percent of its outstanding categories of shareholders or 3. Section 18(i) of the Act provides shares at net asset value at periodic transactions established from time to that each share of stock issued by a intervals pursuant to a fundamental time. Applicants state that each Fund registered management investment policy of the interval fund. Rule 23c– will apply the EWC (and any waivers, company will be a voting stock and 3(b)(1) under the Act permits an interval scheduled variations or eliminations of have equal voting rights with every fund to deduct from repurchase the EWC) uniformly to all shareholders other outstanding voting stock. proceeds only a repurchase fee, not to in a given class and consistently with Applicants acknowledge that multiple exceed two percent of the proceeds, that the requirements of rule 22d–1 under classes of shares of the Funds may is paid to the interval fund and is the Act as if the Funds were open-end violate section 18(i) of the Act because reasonably intended to compensate the investment companies. each class would be entitled to fund for expenses directly related to the 13. Each Fund that operates or will exclusive voting rights with respect to repurchase. operate as an interval fund pursuant to matters solely related to that class. 3. Section 23(c)(3) provides that the rule 23c–3 under the Act may offer its 4. Section 6(c) of the Act provides that Commission may issue an order that shareholders an exchange feature under the Commission may exempt any would permit a closed–end investment which the shareholders of the Fund person, security or transaction or any company to repurchase its shares in may, in connection with such Fund’s class or classes of persons, securities or circumstances in which the repurchase periodic repurchase offers, exchange transactions from any provision of the is made in a manner or on a basis that their shares of the Fund for shares of the Act, or from any rule or regulation does not unfairly discriminate against same class of (i) registered open-end under the Act, if and to the extent such any holders of the class or classes of investment companies or (ii) other exemption is necessary or appropriate securities to be purchased. Applicants registered closed–end investment in the public interest and consistent state that the Initial Funds do not companies that comply with rule 23c– with the protection of investors and the currently charge a repurchase fee, but a 3 under the Act and continuously offer purposes fairly intended by the policy Fund may impose an early repurchase their shares at net asset value, that are and provisions of the Act. Applicants fee at a rate of no greater than 2 percent in the Fund’s group of investment request an exemption under section 6(c) of the aggregate net asset value of a companies (collectively, the ‘‘Other from sections 18(a)(2), 18(c) and 18(i) to shareholder’s shares repurchased by the Funds’’). Shares of a Fund operating permit the Funds to issue multiple Fund (an ‘‘Early Repurchase Fee’’) if the pursuant to rule 23c–3 that are classes of shares. interval between the date of purchase of 5. Applicants submit that the exchanged for shares of Other Funds the shares and the valuation date with proposed allocation of expenses relating will be included as part of the amount respect to the repurchase of those shares to distribution and/or services and of the repurchase offer amount for such is less than one year. Applicants voting rights is equitable and will not Fund as specified in rule 23c–3 under represent that any Early Repurchase Fee discriminate against any group or class imposed by a Fund will apply equally the Act. Any exchange option will of shareholders. Applicants submit that to all New Class Shares and to all comply with rule 11a–3 under the Act, the proposed arrangements would classes of shares of such Fund, as if the Fund were an open-end permit a Fund to facilitate the consistent with section 18 of the Act investment company subject to rule distribution of its securities and provide and rule 18f–3 thereunder. 11a–3. In complying with rule 11a–3, investors with a broader choice of 4. Applicants request relief under each Fund will treat an EWC as if it shareholder services. Applicants assert section 6(c), discussed above, and were a contingent deferred sales load that the proposed closed–end section 23(c)(3) from rule 23c–3 to the (‘‘CDSL’’). investment company multiple class extent necessary for the Funds to Applicants’ Legal Analysis structure does not raise concerns impose EWCs on shares of the Funds underlying section 18 of the Act to any submitted for repurchase that have been Multiple Classes of Shares greater degree than open-end held for less than a specified period. 1. Section 18(a)(2) of the Act provides investment companies’ multiple class 5. Applicants state that the EWCs they that a closed–end investment company structures. Applicants state that each intend to impose are functionally may not issue or sell a senior security Fund will comply with the provisions of similar to CDSLs imposed by open-end that is a stock unless certain rule 18f–3 as if it were an open-end investment companies under rule 6c–10 requirements are met. Applicants investment company. under the Act. Rule 6c–10 permits open- acknowledge that the creation of end investment companies to impose multiple classes of shares of the Funds Early Withdrawal Charges CDSLs, subject to certain conditions. may violate section 18(a)(2) because the 1. Section 23(c) of the Act provides, Applicants note that rule 6c–10 is Funds may not meet such requirements in relevant part, that no registered grounded in policy considerations with respect to a class of shares that closed–end investment company shall supporting the employment of CDSLs may be a senior security. purchase securities of which it is the where there are adequate safeguards for 2. Section 18(c) of the Act provides, issuer, except: (a) on a securities the investor, and state that the same in relevant part, that a closed–end exchange or other open market; (b) policy considerations support investment company may not issue or pursuant to tenders, after reasonable imposition of EWCs in the interval fund sell any senior security if, immediately opportunity to submit tenders given to context. In addition, applicants state thereafter, the company has outstanding all holders of securities of the class to that EWCs may be necessary for the

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distributor to recover distribution costs. from or less advantageous than that of Dated: December 4, 2018. Applicants represent that any EWC other participants. Brent J. Fields, imposed by the Funds will comply with Applicants’ Condition Secretary. rule 6c–10 under the Act as if the rule [FR Doc. 2018–26738 Filed 12–6–18; 11:15 am] Applicants agree that any order were applicable to closed–end funds. BILLING CODE 8011–01–P Applicants further represent that each granting the requested relief will be Fund will disclose EWCs in accordance subject to the following condition: with the requirements of Form N–1A Each Fund relying on the order will SECURITIES AND EXCHANGE concerning CDSLs as if the Fund were comply with the provisions of rules 6c– COMMISSION an open-end investment company. 10, 12b–1, 17d–3, 18f–3, 22d–1, and, where applicable, 11a–3 under the Act, [Release No. 34–84714; File No. SR–IEX– Asset-Based Distribution and/or Service as amended from time to time, as if 2018–22] Fees those rules applied to closed–end Self-Regulatory Organizations; 1. Section 17(d) of the Act and rule management investment companies, Investors Exchange LLC; Notice of 17d–1 under the Act prohibit an and will comply with the FINRA Sales Filing and Immediate Effectiveness of affiliated person of a registered Charge Rule, as amended from time to Proposed Rule Change To Conform investment company, or an affiliated time, as if that rule applied to all IEX Rule 5.160 to FinCEN’s Final Rule person of such person, acting as closed–end management investment on Customer Due Diligence principal, from participating in or companies. Requirements for Financial Institutions effecting any transaction in connection For the Commission, by the Division of with any joint enterprise or joint Investment Management, under delegated December 3, 2018. arrangement in which the investment authority. Pursuant to Section 19(b)(1) 1 of the company participates unless the Eduardo A. Aleman, Securities Exchange Act of 1934 2 and 3 Commission issues an order permitting Assistant Secretary. Rule 19b–4 thereunder, notice is the transaction. In reviewing [FR Doc. 2018–26668 Filed 12–7–18; 8:45 am] hereby given that, on November 20, 2018, the Investors Exchange LLC applications submitted under section BILLING CODE 8011–01–P 17(d) and rule 17d–1, the Commission (‘‘IEX’’ or ‘‘Exchange’’) filed with the considers whether the participation of Securities and Exchange Commission the investment company in a joint SECURITIES AND EXCHANGE (‘‘Commission’’) the proposed rule enterprise or joint arrangement is COMMISSION change as described in Items I, II, and consistent with the provisions, policies III below, which Items have been and purposes of the Act, and the extent Sunshine Act Meetings prepared by the Exchange. The to which the participation is on a basis Commission is publishing this notice to different from or less advantageous than TIME AND DATE: Notice is hereby given, solicit comments on the proposed rule that of other participants. pursuant to the provisions of the change from interested persons. Government in the Sunshine Act, Public 2. Rule 17d–3 under the Act provides Law 94–409, that the Commission will I. Self-Regulatory Organization’s an exemption from section 17(d) and host the SEC Government-Business Statement of the Terms of Substance of rule 17d–1 to permit open-end Forum on Small Business Capital the Proposed Rule Change investment companies to enter into Formation on Wednesday, December 12, distribution arrangements pursuant to Pursuant to the provisions of Section 2018, beginning at 9:00 a.m. Eastern rule 12b–1 under the Act. Applicants 19(b)(1) under the Securities Exchange Time. Act of 1934 (‘‘Act’’),4 and Rule 19b–4 request an order under section 17(d) and 5 rule 17d–1 under the Act to the extent PLACE: The forum will be held at the thereunder, IEX is filing with the necessary to permit the Funds to impose Fawcett Center on the campus of The Commission a proposed rule change to asset-based distribution and/or service Ohio State University, 2400 Olentangy amend IEX Rule 5.160 (Anti-Money fees. Applicants represent that the River Road, Columbus, Ohio 43210. Laundering Compliance Program) to Funds will comply with rules 12b–1 STATUS: This meeting will be open to reflect the Financial Crimes and 17d–3 as if those rules applied to the public. The meeting will be webcast Enforcement Network’s (‘‘FinCEN’’) closed–end investment companies. on the Commission’s website at adoption of a final rule on Customer Due Diligence Requirements for 3. For the reasons stated above, www.sec.gov. Financial Institutions (‘‘CDD Rule’’). applicants submit that the exemptions MATTERS TO BE CONSIDERED: The forum Specifically, the proposed amendments requested are necessary and appropriate will include remarks by SEC would conform IEX Rule 5.160 to the in the public interest and are consistent Commissioners and two morning panel CDD Rule’s amendments to the with the protection of investors and the discussions that Commissioners will minimum regulatory requirements for purposes fairly intended by the policy attend. The panel discussions will Member’ anti-money laundering and provisions of the Act. Applicants explore how capital formation options (‘‘AML’’) compliance programs by further submit that the relief requested are working for small businesses, such requiring such programs to include risk- pursuant to section 23(c)(3) will be as those in the Midwest, and capital based procedures for conducting consistent with the protection of formation and diversity. This Sunshine ongoing customer due diligence. This investors and will insure that applicants Act notice is being issued because a ongoing customer due diligence element do not unfairly discriminate against any majority of the Commission may attend for AML programs includes: (1) holders of the class of securities to be the meeting. Understanding the nature and purpose purchased. Finally, applicants state that CONTACT PERSON FOR MORE INFORMATION: the Funds’ imposition of asset-based For further information and to ascertain 1 15 U.S.C. 78s(b)(1). distribution and/or service fees is what, if any, matters have been added, 2 15 U.S.C. 78a. consistent with the provisions, policies deleted or postponed; please contact 3 17 CFR 240.19b–4. and purposes of the Act and does not Brent J. Fields from the Office of the 4 15 U.S.C. 78s(b)(1). involve participation on a basis different Secretary at (202) 551–5400. 5 17 CRF 240.19b–4.

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of customer relationships for the operations and internal controls of the strengthen customer due diligence for purpose of developing a customer risk AML program; and covered financial institutions,17 profile; and (2) conducting ongoing • ongoing training for appropriate including broker-dealers. In its CDD monitoring to identify and report persons.11 Rule, FinCEN identifies four suspicious transactions and, on a risk In addition to meeting the BSA’s components of customer due diligence: basis, to maintain and update customer requirements with respect to AML (1) Customer identification and information. The Exchange has programs, Exchange Members 12 must verification; (2) beneficial ownership designated this rule change as ‘‘non- also comply with IEX Rule 5.160, which identification and verification; (3) controversial’’ under Section 19(b)(3)(A) incorporates the BSA’s four pillars, as understanding the nature and purpose of the Act 6 and provided the well as requiring Members’ AML of customer relationships; and (4) Commission with the notice required by programs to establish and implement ongoing monitoring for reporting 7 Rule 19b–4(f)(6) thereunder. The text of policies and procedures that can be suspicious transactions and, on a risk the proposed rule change is available at reasonably expected to detect and cause basis, maintaining and updating the Exchange’s website at the reporting of suspicious transactions. customer information.18 As the first www.iextrading.com, at the principal Pursuant to Rule 17d–2 under the 13 component is already required to be part office of the Exchange, and at the Act, the Exchange and the Financial of a broker-dealer’s AML program under Commission’s Public Reference Room. Industry Regulatory Authority, Inc. the BSA, the CDD Rule focuses on the (‘‘FINRA’’) entered into an agreement to II. Self-Regulatory Organization’s other three components. allocate regulatory responsibility for Statement of the Purpose of, and the common rules (the ‘‘17d–2 Specifically, the CDD Rule focuses Statutory Basis for, the Proposed Rule 14 particularly on the second component Change Agreement’’). The 17d–2 Agreement covers common members of the by adding a new requirement that In its filing with the Commission, the Exchange and FINRA, and allocates to covered financial institutions identify self-regulatory organization included FINRA regulatory responsibility, with and verify the identity of the beneficial statements concerning the purpose of respect to common members for owners of all legal entity customers at and basis for the proposed rule change Exchange rules and certain federal the time a new account is opened, and discussed any comments it received securities laws, rules and regulation that subject to certain exclusions and on the proposed rule change. The text the Exchange certifies are identical or exemptions.19 The CDD Rule also of these statement may be examined at substantially similar to FINRA rules.15 addresses the third and fourth the places specified in Item IV below. IEX Rule 5.160 is substantially similar components, which FinCEN states ‘‘are The self-regulatory organization has to FINRA Rule 3310, and therefore already implicitly required for covered prepared summaries, set forth in among the common rules included in financial institutions to comply with Sections A, B, and C below, of the most the 17d–2 Agreement. their suspicious activity reporting significant aspects of such statements. On May 11, 2016, FinCEN, the bureau requirements,’’ by amending the A. Self-Regulatory Organization’s of the Department of the Treasury existing AML program rules for covered Statement of the Purpose of, and the responsible for administering the BSA financial institutions to explicitly Statutory Basis for, the Proposed Rule and its implementing regulations, require these components to be Change issued the CDD Rule 16 to clarify and included in AML programs as a new ‘‘fifth pillar.’’ 1. Purpose 11 31 CFR 1023.210(b). 12 On November 21, 2017, FINRA I. Background See IEX Rule 1.160(s). 13 17 CFR 240.17d–2. published Regulatory Notice 17–40 to 8 The Bank Secrecy Act (‘‘BSA’’), 14 See, Securities Exchange Act Release No. 78434 provide guidance to member firms among other things, requires financial (July 28, 2016), 81 FR 51256 (August 3, 2016) (File regarding their obligations under FINRA 9 institutions, including broker-dealers, No. 4–700). Rule 3310 in light of the adoption of 15 Pursuant to the 17d–2 Agreement, the to develop and implement AML FinCEN’s CDD Rule.20 In addition, the programs that, at a minimum, meet the Exchange allocated to FINRA the following: (i) Examination of common members of the Exchange Notice summarized the CDD Rule’s 10 statutorily enumerated ‘‘four pillars.’’ and FINRA for compliance with certain federal impact on member firms, including the These four pillars currently require securities laws, rules and regulations and rules of the Exchange that the Exchange certifies are addition of the new fifth pillar required broker-dealers to have written AML for member firms’ AML programs. programs that include, at a minimum: identical or substantially similar to FINRA rules; (ii) investigation of common members of the Exchange FINRA also recently amended FINRA • The establishment and and FINRA for violations of certain federal Rule 3310 to explicitly incorporate the implementation of policies, procedures securities laws, rules and regulations, or Exchange 21 and internal controls reasonably rules that the Exchange certifies as identical or fifth pillar. This proposed rule change designed to achieve compliance with substantially identical to a FINRA rule; and (iii) amends IEX Rule 5.160 to harmonize enforcement of compliance by common members the applicable provisions of the BSA with certain federal securities laws, rules and Notice of Proposed Rulemaking) and 79 FR 45151 and implementing regulations; regulations, and the rules of the Exchange that the (Aug. 4, 2014) (Notice of Proposed Rulemaking). • Exchange certifies as identical or substantially independent testing for compliance 17 similar to FINRA rules. See 31 CFR 1010.230(f) (defining ‘‘covered by broker-dealer personnel or a financial institution’’). 16 FinCEN Customer Due Diligence Requirements qualified outside party; 18 See CDD Rule Release at 29398. • for Financial Institutions; CDD Rule, 81 FR 29397 designation of an individual or (May 11, 2016) (CDD Rule Release); 82 FR 45182 19 See 31 CFR 1010.230(d) (defining ‘‘beneficial individuals responsible for (September 28, 2017) (making technical correcting owner’’) and 31 CFR 1010.230(e) (defining ‘‘legal implementing and monitoring the amendments to the final CDD Rule published on entity customer’’). May 11, 2016). FinCEN is authorized to impose 20 As noted above, the Exchange allocated AML program requirements on financial regulatory responsibility for IEX Rule 5.160 to 6 15 U.S.C. 78s(b)(3)(A). institutions and to require financial institutions to FINRA pursuant the 17d–2 Agreement. Thus, 7 17 CFR 240.19b–4. maintain procedures to ensure compliance with the FINRA’s Regulatory Notice 17–40 was applicable to 8 31 U.S.C. 5311 et seq. BSA and associated regulations. 31 U.S.C. IEX Members. 9 See 31 U.S.C. 5312(a)(2) (defining ‘‘financial 5318(h)(2) and (a)(2). The CDD Rule is the result of 21 See Securities Exchange Act Release No. 83154 institution’’). the rulemaking process FinCEN initiated in March (May 2, 2018), 83 FR 20906 (May 8, 2018) (File No. 10 31 U.S.C. 5318(h)(1). 2012. See 77 FR 13046 (March 5, 2012) (Advance SR–FINRA–2018–016).

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with the FINRA rule change and requiring such programs to include risk- assessed for suspicious transaction incorporate the fifth pillar. based procedures for conducting reporting.28 Information relevant to ongoing customer due diligence.25 understanding the nature and purpose II. IEX Rule 5.160 and Amendment to Accordingly, IEX is proposing to amend of the customer relationship may be Minimum Requirements for Members’ IEX Rule 5.160 to incorporate this self-evident and, depending on the facts AML Programs ongoing customer due diligence and circumstances, may include such Section 352 of the USA PATRIOT Act element, or ‘‘fifth pillar’’ required for information as the type of customer, of 2001 22 amended the BSA to require AML programs. Thus, proposed Rule account or service offered, and the broker-dealers to develop and 5.160(f) would provide that the AML customer’s income, net worth, domicile, implement AML programs that include programs required by this Rule shall, at or principal occupation or business, as the four pillars mentioned above. a minimum include appropriate risk- well as, in the case of existing Consistent with Section 352 of the based procedures for conducting customers, the customer’s history of PATRIOT Act, and incorporating the ongoing customer due diligence, to activity.29 The CDD Rule also does not four pillars, IEX Rule 5.160 requires include, but not be limited to: (1) prescribe a particular form of the each Member to develop and implement Understanding the nature and purpose customer risk profile.30 Instead, the CDD a written AML program reasonably of customer relationships for the Rule states that depending on the firm designed to achieve and monitor the purpose of developing a customer risk and the nature of its business, a Member’s compliance with the BSA and profile; and (2) conducting ongoing customer risk profile may consist of implementing regulations. Among other monitoring to identify and report individualized risk scoring, placement requirements, IEX Rule 5.160 requires suspicious transactions and, on a risk of customers into risk categories or that each member firm, at a minimum: basis, to maintain and update customer another means of assessing customer (1) Establish and implement policies information. risk that allows firms to understand the and procedures that can be reasonably As stated in the CDD Rule, these risk posed by the customer and to expected to detect and cause the provisions are not new and merely demonstrate that understanding.31 reporting of suspicious transactions; (2) codify existing expectations for The CDD Rule also addresses the establish and implement policies, Members to adequately identify and interplay of understanding the nature procedures, and internal controls report suspicious transactions as and purpose of customer relationships reasonably designed to achieve required under the BSA and encapsulate with the ongoing monitoring obligation compliance with the BSA and practices generally already undertaken discussed below. The CDD Rule implementing regulations; (3) provide by securities firms to know and explains that firms are not necessarily 26 for annual (on a calendar-year basis) understand their customers. The required or expected to integrate independent testing for compliance to proposed rule change simply customer information or the customer be conducted by Member personnel or incorporates into IEX Rule 5.160 the risk profile into existing transaction a qualified outside party; 23 (4) designate ongoing customer due diligence monitoring systems (for example, to and identify to IEX an individual or element, or ‘‘fifth pillar,’’ required for serve as the baseline for identifying and individuals (i.e., AML compliance AML programs by the CDD Rule to aid assessing suspicious transactions on a person(s)) who will be responsible for Members in complying with the CDD contemporaneous basis).32 Rather, implementing and monitoring the day- Rule’s requirements. However, to the FinCEN expects firms to use the to-day operations and internal controls extent that these elements, which are customer information and customer risk briefly summarized below, are not of the AML program and provide profile as appropriate during the course already included in Members’ AML prompt notification to IEX of any of complying with their obligations programs, the CDD Rule requires changes to the designation; and (5) under the BSA in order to determine Members to update their AML programs provide ongoing training for appropriate whether a particular flagged transaction to explicitly incorporate them. persons. is suspicious.33 FinCEN’s CDD Rule does not change III. Summary of Fifth Pillar’s Conduct Ongoing Monitoring the requirements of IEX Rule 5.160 and Requirements Members must continue to comply with As with the requirement to 24 Understanding the Nature and Purpose its requirements. However, FinCEN’s of Customer Relationships understand the nature and purpose of CDD Rule amends the minimum the customer relationship, the regulatory requirements for broker- FinCEN states in the CDD Rule that requirement to conduct ongoing dealers’ AML programs by explicitly firms must necessarily have an monitoring to identify and report understanding of the nature and suspicious transactions and, on a risk 22 Uniting and Strengthening America by purpose of the customer relationship in basis, to maintain and update customer Providing Appropriate Tools Required to Intercept order to determine whether a information, merely adopts existing and Obstruct Terrorism Act of 2001, Public Law transaction is potentially suspicious supervisory and regulatory expectations 107–56, 115 Stat. 272 (2001). and, in turn, to fulfill their SAR 23 If a Member does not execute transactions for as explicit minimum standards of 27 customers or otherwise hold customer accounts or obligations. To that end, the CDD Rule customer due diligence required for act as an introducing broker with respect to requires that firms understand the firms’ AML programs.34 If, in the course customer accounts (e.g., engages solely in nature and purpose of the customer of its normal monitoring for suspicious proprietary trading or conducts business only with relationship in order to develop a other broker-dealers), then ‘‘independent testing’’ is activity, the Member detects required every two years. See IEX Rule 5.160(c). customer risk profile. The customer risk information that is relevant to assessing However, a Member should conduct more frequent profile refers to information gathered testing than required if circumstances warrant. See about a customer to form the baseline 28 See id. at 29422. Supplementary Material .01(a). against which customer activity is 29 See id. 24 FinCEN notes that broker-dealers must 30 See id. continue to comply with FINRA Rules, 31 notwithstanding differences between the CDD Rule 25 See CDD Rule Release at 29420; 31 CFR See id. and FINRA Rule 3310, which is substantially 1023.210. 32 See id. identical to IEX Rule 5.160. See CDD Rule Release 26 See id. at 29419. 33 See id. 29421, n. 85. 27 See id. at 29421. 34 See id. at 29402.

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the customer’s risk profile, the Member requirements of the proposed rule Paper Comments must update the customer information, change pursuant to FINRA Rule 3310. • including the information regarding the IEX is not imposing any additional Send paper comments in triplicate beneficial owners of legal entity direct or indirect burdens on member to Secretary, Securities and Exchange customers.35 However, there is no firms or their customers through this Commission, 100 F Street NE, expectation that the Member update proposal, and as such the proposal Washington, DC 20549–1090. customer information, including imposes no new burdens on All submissions should refer to File beneficial ownership information, on an competition. Number SR–IEX–2018–22. This file ongoing or continuous basis.36 C. Self-Regulatory Organization’s number should be included in the 2. Statutory Basis Statement on Comments on the subject line if email is used. To help the IEX believes that the proposed rule Proposed Rule Change Received From Commission process and review your change is consistent with the provisions Members, Participants, or Others comments more efficiently, please use of Section 6(b) 37 of the Act in general, Written comments were neither only one method. The Commission will and furthers the objectives of Section solicited nor received. post all comments on the Commission’s 6(b)(5) of the Act 38 in particular, in that internet website (http://www.sec.gov/ III. Date of Effectiveness of the it is designed to prevent fraudulent and Proposed Rule Change and Timing for rules/sro.shtml). Copies of the manipulative acts and practices, to Commission Action submission, all subsequent promote just and equitable principles of amendments, all written statements trade, to remove impediments to and The Exchange has designated this rule with respect to the proposed rule perfect the mechanism of a free and filing as non-controversial under change that are filed with the Section 19(b)(3)(A) 40 of the Act and open market and a national market Commission, and all written Rule 19b–4(f)(6) 41 thereunder. Because system, and, in general, to protect communications relating to the the proposed rule change does not: (i) investors and the public interest. proposed rule change between the Specifically, the Exchange believes the Significantly affect the protection of Commission and any person, other than proposed rule change will aid Members investors or the public interest; (ii) those that may be withheld from the in complying with the CDD Rule’s impose any significant burden on requirement that Members’ AML competition; and (iii) become operative public in accordance with the programs include risk-based procedures for 30 days from the date on which it provisions of 5 U.S.C. 552, will be for conducting ongoing customer due was filed, or such shorter time as the available for website viewing and diligence by also incorporating the Commission may designate, it has printing in the Commission’s Public requirement into IEX Rule 5.160. become effective pursuant to Section Reference Section, 100 F Street NE, 19(b)(3)(A) of the Act and Rule 19– Washington, DC 20549, on official B. Self-Regulatory Organization’s 4(f)(6) thereunder. business days between the hours of Statement on Burden on Competition At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the IEX does not believe that the filing of the proposed rule change, the filing will also be available for proposed rule change will result in any Commission summarily may inspection and copying at the IEX’s burden on competition that is not temporarily suspend such rule change if principal office and on its internet necessary or appropriate in furtherance it appears to the Commission that such website at www.iextrading.com. All of the purposes of the Act. The action is necessary or appropriate in the comments received will be posted public interest, for the protection of proposed rule change simply without change. Persons submitting investors, or otherwise in furtherance of incorporates into IEX Rule 5.160 the comments are cautioned that we do not ongoing customer due diligence the purposes of the Act. If the redact or edit personal identifying element, or ‘‘fifth pillar,’’ required for Commission takes such action, the information from comment submissions. AML programs by the CDD Rule. Commission shall institute proceedings Regardless of the proposed rule change, under Section 19(b)(2)(B) 42 of the Act to You should submit only information to the extent that the elements of the determine whether the proposed rule that you wish to make available fifth pillar are not already included in change should be approved or publicly. All submissions should refer Members’ AML programs, the CDD Rule disapproved. to File Number SR–IEX–2018–22 and should be submitted on or before requires Members to update their AML IV. Solicitation of Comments programs to explicitly incorporate them. December 31, 2018. For the In addition, as stated in the CDD Rule, Interested persons are invited to Commission, by the Division of Trading these elements are already implicitly submit written data, views and and Markets, pursuant to delegated required for covered financial arguments concerning the foregoing, authority.43 institutions to comply with their including whether the proposed rule Eduardo A. Aleman, suspicious activity reporting change is consistent with the Act. requirements. Further, all IEX Members Comments may be submitted by any of Assistant Secretary. that have customers are required to be the following methods: [FR Doc. 2018–26593 Filed 12–7–18; 8:45 am] members of FINRA pursuant to Rule Electronic Comments BILLING CODE 8011–01–P 39 15b9–1 under the Exchange Act, and • Use the Commission’s internet are therefore already subject to the comment form (http://www.sec.gov/ rules/sro.shtml); or 35 See id. at 29420–21. See also FINRA Regulatory • Send an email to rule-comments@ Notice 17–40 (discussing identifying and verifying the identity of beneficial owners of legal entity sec.gov. Please include File Number SR– customers). IEX–2018–22 on the subject line. 36 See id. 37 15 U.S.C. 78f. 40 15 U.S.C. 78s(b)(3)(A). 38 15 U.S.C. 78f(b)(5). 41 17 CFR 240.19b–4(f)(6). 39 17 CFR 240.15b9–1. 42 15 U.S.C. 78s(b)(2)(B). 43 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION standards for the elimination of provincial, and federal/central trafficking in persons (‘‘minimum government efforts. To the extent [Disaster Declaration #15798 and #15799; possible, precise dates and numbers of California Disaster Number CA–00295] standards’’) that are prescribed by the Trafficking Victims Protection Act officials or citizens affected should be Presidential Declaration Amendment of (‘‘TVPA’’). This information will assist included. a Major Disaster for the State of in the preparation of the Trafficking in Written narratives providing factual California Persons Report (‘‘TIP Report’’) that the information should provide citations of Department submits annually to the sources, and copies of and links to the AGENCY: U.S. Small Business U.S. Congress on government efforts to source material should be provided. Administration. meet the minimum standards. Foreign Please send electronic copies of the ACTION: Amendment 1. governments that do not meet the entire submission, including source minimum standards and are not making material. If primary sources are used, SUMMARY: This is an amendment of the significant efforts to do so may be such as research studies, interviews, Presidential declaration of a major subject to restrictions on direct observations, or other sources of disaster for the State of California nonhumanitarian, nontrade-related quantitative or qualitative data, provide (FEMA–4407–DR), dated 11/12/2018. foreign assistance from the United details on the research or data-gathering Incident: Wildfires. States, as defined by the TVPA. methodology and any supporting Incident Period: 11/08/2018 through documentation. The Department does DATES: Submissions must be received by 11/25/2018. 5 p.m. on January 15, 2019. not include in the TIP Report, and is DATES: Issued on 11/26/2018. therefore not seeking, information on ADDRESSES: Written submissions and Physical Loan Application Deadline prostitution, migrant smuggling, visa supporting documentation may be fraud, or child abuse, unless such Date: 01/11/2019. submitted by the following methods: Economic Injury (EIDL) Loan • conduct occurs in the context of Email (preferred): tipreport@ trafficking in persons as defined in the Application Deadline Date: 08/12/2019. state.gov for submissions related to ADDRESS: Submit completed loan TVPA. foreign governments and tipreportUS@ Confidentiality: Please provide the applications to: U.S. Small Business state.gov for submissions related to the name, phone number, and email address Administration, Processing and United States. of a single point of contact for any Disbursement Center, 14925 Kingsport • Facsimile (fax): 202–453–8562. submission. It is Department practice Road, Fort Worth, TX 76155. • Mail, Express Delivery, Hand not to identify in the TIP Report FOR FURTHER INFORMATION CONTACT: A. Delivery and Messenger Service: U.S. information concerning sources to Escobar, Office of Disaster Assistance, Department of State, Office to Monitor safeguard those sources. Please note, U.S. Small Business Administration, and Combat Trafficking in Persons (J/ however, that any information 409 3rd Street SW, Suite 6050, TIP), 2201 C Street NW, SA–09 Suite submitted to the Department may be Washington, DC 20416, (202) 205–6734. NE3054, Washington, DC 20520–0903. releasable pursuant to the provisions of SUPPLEMENTARY INFORMATION: The notice Please note that materials submitted by the Freedom of Information Act or other of the President’s major disaster mail may be delayed due to security applicable law. Submissions related to declaration for the State of screenings and processing. the United States will be shared with CALIFORNIA, dated 11/12/2018, is Scope of Interest: The Department U.S. government agencies, as will hereby amended to establish the requests information relevant to submissions relevant to efforts by other incident period for this disaster as assessing the United States’ and foreign U.S. government agencies. beginning 11/08/2018 and continuing governments’ efforts to meet the Response: This is a request for through 11/25/2018. minimum standards for the elimination information only; there will be no All other information in the original of trafficking in persons during the response to submissions. declaration remains unchanged. reporting period (April 1, 2018–March SUPPLEMENTARY INFORMATION: 31, 2019). The minimum standards are (Catalog of Federal Domestic Assistance listed in the Background section or can I. Background Number 59008) be found here. Submissions must The TIP Report: The TIP Report is the James Rivera, include information relevant to efforts most comprehensive worldwide report Associate Administrator for Disaster to meet the minimum standards and on governments’ efforts to combat Assistance. should include, but need not be limited trafficking in persons. It represents an [FR Doc. 2018–26682 Filed 12–7–18; 8:45 am] to, answering the questions in the annually updated, global look at the BILLING CODE 8025–01–P Information Sought section. nature and scope of trafficking in Submissions need not include answers persons and the broad range of to all the questions; only those government actions to confront and DEPARTMENT OF STATE questions for which the submitter has eliminate it. The U.S. government uses direct professional experience should be the Report to engage in diplomacy, to [Public Notice: 10630] answered and that experience should be encourage partnership in creating and Request for Information for the 2019 noted. For any critique or deficiency implementing laws and policies to Trafficking in Persons Report described, please provide a combat trafficking, and to target recommendation to remedy it. Note the resources on prevention, protection, and AGENCY: Department of State. country or countries that are the focus prosecution programs. Worldwide, the ACTION: Request for information. of the submission. Report is used by international Submissions may include written organizations, foreign governments, and SUMMARY: The Department of State (‘‘the narratives that answer the questions nongovernmental organizations as a tool Department’’) requests written presented in this Notice, research, to examine where resources are most information to assist in reporting on the studies, statistics, fieldwork, training needed. Prosecuting traffickers, degree to which the United States and materials, evaluations, assessments, and protecting victims, and preventing foreign governments meet the minimum other relevant evidence of local, state/ trafficking are the ultimate goals of the

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Report and of the U.S government’s Since 2010, the TIP Report, through a have vigorously investigated, anti-trafficking policy. collaborative interagency process, has prosecuted, convicted, or sentenced The Department prepares the TIP included an assessment of U.S. such acts. During the periods prior to Report using information from across government anti-trafficking efforts in the annual report submitted on June 1, the U.S. government, foreign light of the minimum standards to 2004, and on June 1, 2005, and the government officials, nongovernmental eliminate trafficking in persons set forth periods afterwards until September 30 and international organizations, by the TVPA. of each such year, the Secretary of State survivors of trafficking in persons, may disregard the presumption II. Minimum Standards for the published reports, and research trips to contained in the preceding sentence if Elimination of Trafficking in Persons every region. The Report focuses on the government has provided some data concrete actions that governments take The TVPA sets forth the minimum to the Department of State regarding to fight trafficking in persons, including standards for the elimination of such acts and the Secretary has prosecutions, convictions, and trafficking in persons as follows: determined that the government is sentences for traffickers, as well as (1) The government of the country making a good faith effort to collect victim protection measures and should prohibit severe forms of such data. prevention efforts. Each Report narrative trafficking in persons and punish acts of (2) Whether the government of the also includes recommendations for each such trafficking. country protects victims of severe forms country. These recommendations are (2) For the knowing commission of of trafficking in persons and encourages used to assist the Department in any act of sex trafficking involving their assistance in the investigation and measuring governments’ progress from force, fraud, coercion, or in which the prosecution of such trafficking, one year to the next and determining victim of sex trafficking is a child including provisions for legal whether governments meet the incapable of giving meaningful consent, alternatives to their removal to countries minimum standards for the elimination or of trafficking which includes rape or in which they would face retribution or of trafficking in persons or are making kidnapping or which causes a death, the hardship, and ensures that victims are significant efforts to do so. government of the country should not inappropriately incarcerated, fined, The TVPA creates a four-tier ranking prescribe punishment commensurate or otherwise penalized solely for system. Tier placement is based with that for grave crimes, such as unlawful acts as a direct result of being principally on the extent of government forcible sexual assault. trafficked, including by providing action to combat trafficking. The (3) For the knowing commission of training to law enforcement and Department first evaluates whether the any act of a severe form of trafficking in immigration officials regarding the government fully meets the TVPA’s persons, the government of the country identification and treatment of minimum standards for the elimination should prescribe punishment that is trafficking victims using approaches of trafficking. Governments that do so sufficiently stringent to deter and that that focus on the needs of the victims. are placed on Tier 1. For other adequately reflects the heinous nature of (3) Whether the government of the governments, the Department considers the offense. country has adopted measures to the extent of such efforts. Governments (4) The government of the country prevent severe forms of trafficking in that are making significant efforts to should make serious and sustained persons, such as measures to inform and meet the minimum standards are placed efforts to eliminate severe forms of educate the public, including potential on Tier 2. Governments that do not fully trafficking in persons. victims, about the causes and meet the minimum standards and are The following factors should be consequences of severe forms of not making significant efforts to do so considered as indicia of serious and trafficking in persons, measures to are placed on Tier 3. Finally, the sustained efforts to eliminate severe establish the identity of local Department considers Special Watch forms of trafficking in persons: populations, including birth List criteria and, when applicable, (1) Whether the government of the registration, citizenship, and places countries on Tier 2 Watch List. country vigorously investigates and nationality, measures to ensure that its For more information, the 2018 TIP prosecutes acts of severe forms of nationals who are deployed abroad as Report can be found at www.state.gov/ trafficking in persons, and convicts and part of a diplomatic, peacekeeping, or j/tip/rls/tiprpt/2018/index.htm. sentences persons responsible for such other similar mission do not engage in Since the inception of the TIP Report acts, that take place wholly or partly or facilitate severe forms of trafficking in in 2001, the number of countries within the territory of the country, persons or exploit victims of such included and ranked has more than including, as appropriate, requiring trafficking, a transparent system for doubled; the 2018 TIP Report included incarceration of individuals convicted remediating or punishing such public 187 countries and territories. Around of such acts. For purposes of the officials as a deterrent, measures to the world, the TIP Report and the preceding sentence, suspended or prevent the use of forced labor or child promising practices reflected therein significantly reduced sentences for labor in violation of international have inspired legislation, national convictions of principal actors in cases standards, effective bilateral, action plans, policy implementation, of severe forms of trafficking in persons multilateral, or regional information program funding, protection shall be considered, on a case-by-case sharing and cooperation arrangements mechanisms that complement basis, whether to be considered as an with other countries, and effective prosecution efforts, and a stronger indicator of serious and sustained policies or laws regulating foreign labor global understanding of this crime. efforts to eliminate severe forms of recruiters and holding them civilly and Since 2003, the primary reporting on trafficking in persons. After reasonable criminally liable for fraudulent the United States’ anti-trafficking requests from the Department of State recruiting. activities has been through the annual for data regarding investigations, (4) Whether the government of the Attorney General’s Report to Congress prosecutions, convictions, and country cooperates with other and Assessment of U.S. Government sentences, a government which does not governments in the investigation and Activities to Combat Human Trafficking provide such data, consistent with the prosecution of severe forms of (‘‘AG Report’’) mandated by section 105 capacity of such government to obtain trafficking in persons and has entered of the TVPA (22 U.S.C. 7103(d)(7)). such data, shall be presumed not to into bilateral, multilateral, or regional

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law enforcement cooperation and has determined that the government is involve its nationals abroad, and if so, coordination arrangements with other making a good faith effort to collect what are their destination countries? countries. such data. 2. What were the government’s major (5) Whether the government of the (8) Whether the percentage of victims accomplishments in addressing human country extradites persons charged with of severe forms of trafficking in the trafficking? acts of severe forms of trafficking in country that are non-citizens of such 3. What were the greatest deficiencies persons on substantially the same terms countries is insignificant. in the government’s anti-trafficking and to substantially the same extent as (9) Whether the government has efforts? What were the limitations on persons charged with other serious entered into effective, transparent the government’s ability to address crimes (or, to the extent such extradition partnerships, cooperative arrangements, human trafficking problems in practice? would be inconsistent with the laws of or agreements that have resulted in 4. In what ways have the such country or with international concrete and measurable outcomes with government’s efforts to combat agreements to which the country is a (A) Domestic civil society trafficking in persons changed in the party, whether the government is taking organizations, private sector entities, or past year? What new laws, regulations, all appropriate measures to modify or international nongovernmental policies, and implementation strategies replace such laws and treaties so as to organizations, or into multilateral or exist (e.g., substantive criminal laws and permit such extradition). regional arrangements or agreements, to procedures, mechanisms for civil (6) Whether the government of the assist the government’s efforts to remedies, and victim-witness security, country monitors immigration and prevent trafficking, protect victims, and generally and in relation to court emigration patterns for evidence of punish traffickers; or proceedings)? Have government policies severe forms of trafficking in persons (B) the United States toward agreed undermined or otherwise negatively and whether law enforcement agencies goals and objectives in the collective impacted anti-trafficking efforts within of the country respond to any such fight against trafficking. that country? evidence in a manner that is consistent (10) Whether the government of the 5. Please provide observations with the vigorous investigation and country, consistent with the capacity of regarding the implementation of prosecution of acts of such trafficking, such government, systematically existing laws, policies, and procedures. as well as with the protection of human monitors its efforts to satisfy the criteria Are there laws criminalizing those who rights of victims and the internationally described in paragraphs (1) through (8) knowingly solicit or patronize a recognized human right to leave any and makes available publicly a periodic trafficking victim to perform a country, including one’s own, and to assessment of such efforts. commercial sex act and what are the return to one’s own country. (11) Whether the government of the prescribed penalties? (7) Whether the government of the country achieves appreciable progress 6. Are the anti-trafficking laws and country vigorously investigates, in eliminating severe forms of sentences strict enough to reflect the prosecutes, convicts, and sentences trafficking when compared to the nature of the crime (e.g., commensurate public officials, including diplomats assessment in the previous year. with crimes such as rape or and soldiers, who participate in or (12) Whether the government of the kidnapping)? facilitate severe forms of trafficking in country has made serious and sustained 7. Please provide observations on persons, including nationals of the efforts to reduce the demand for overall anti-trafficking law enforcement country who are deployed abroad as (A) commercial sex acts; and efforts and the efforts of police and part of a diplomatic, peacekeeping, or (B) participation in international sex prosecutors to pursue trafficking cases. other similar mission who engage in or tourism by nationals of the country. Were any trafficking cases investigated facilitate severe forms of trafficking in and/or prosecuted, and any traffickers III. Information Sought Relevant to the persons or exploit victims of such convicted during the reporting period? Minimum Standards trafficking, and takes all appropriate Is the government equally vigorous in measures against officials who condone Submissions should include, but need pursuing labor trafficking and sex such trafficking. A government’s failure not be limited to, answers to relevant trafficking? Please note any efforts to to appropriately address public questions below for which the submitter investigate and prosecute suspects for allegations against such public officials, has direct professional experience. knowingly soliciting or patronizing a especially once such officials have Citations to source material should also sex trafficking victim to perform a returned to their home countries, shall be provided. Note the country or commercial sex act. be considered inaction under these countries that are the focus of the 8. Do government officials understand criteria. After reasonable requests from submission. Please see the Scope of the nature of all forms of trafficking? If the Department of State for data Interest section above for detailed not, please provide examples of regarding such investigations, information regarding submission misconceptions or misunderstandings. prosecutions, convictions, and requirements. 9. Do judges appear appropriately sentences, a government which does not 1. How have trafficking methods and knowledgeable and sensitized to provide such data consistent with its trends changed in the past 12 months? trafficking cases? What sentences have resources shall be presumed not to have For example, are there victims from new courts imposed upon traffickers? How vigorously investigated, prosecuted, countries of origin? Have new common are suspended sentences and convicted, or sentenced such acts. vulnerable groups at risk of human prison time of less than one year for During the periods prior to the annual trafficking emerged? Is internal convicted traffickers? How does this report submitted on June 1, 2004, and trafficking or child trafficking compare to other crimes such as rape June 1, 2005, and the periods afterwards increasing? Has sex trafficking changed, and kidnapping? until September 30 of each such year, for example from brothels to private 10. What was the extent of official the Secretary of State may disregard the apartments? Is labor trafficking now complicity in trafficking crimes? Were presumption contained in the preceding occurring in additional types of officials, government contractors, or sentence if the government has provided industries or agricultural operations? Is government grantees operating as some data to the Department of State forced begging a problem? Does child traffickers (whether subjecting persons regarding such acts and the Secretary sex tourism occur in the country or to forced labor and/or sex trafficking

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offenses) or taking actions that may employment, training, etc.)? Who deported? Were victims given the facilitate trafficking (including provides these services? If opportunity to seek legal employment accepting bribes to allow undocumented nongovernment organizations provide while in this temporary or permanent border crossings or suspending active the services, does the government residency? Were such benefits linked to investigations of suspected traffickers, support their work either financially or whether a victim assisted law etc.)? Were there examples of trafficking otherwise? Are these service providers enforcement, participated in a trial or occurring in state institutions (e.g., required to be trained on human whether there was a successful prisons, child foster homes, institutions trafficking and victim identification? prosecution? Does the government for mentally or physically disabled 17. What was the overall quality of repatriate victims who wish to return persons)? What proactive measures did victim care? How could victim services home? Does the government assist with the government take to prevent official be improved? Was government funding third country resettlement? Are victims complicity in trafficking in persons for trafficking victim protection and awaiting repatriation or third country crimes? How did the government assistance adequate? Are there gaps in resettlement offered services? Are respond to reports of complicity that access to victim services? Are services victims indeed repatriated or are they arose during the reporting period? Has available regardless of geographic deported? the government made efforts to location within the country? Are 23. Does the government effectively investigate, prosecute, convict, and services victim-centered and trauma- assist its nationals exploited abroad? sentence complicit officials? informed? Does the government work to ensure 11. Has the government vigorously 18. Are services provided adequately victims receive adequate assistance and investigated, prosecuted, convicted, and to victims of both labor and sex support for their repatriation while in sentenced nationals of the country trafficking? Adults and children, destination countries? Does the deployed abroad as part of a diplomatic, including men and boys? Citizens and government provide adequate assistance peacekeeping, or other similar mission noncitizens? LGBTI persons? Persons to repatriated victims after their return who engage in or facilitate trafficking, with disabilities? Were such benefits to their countries of origin, and if so, including domestic servitude? linked to whether a victim assisted law what forms of assistance? 12. Has the government investigated, enforcement or participated in a trial, or 24. Does the government prosecuted, convicted, and sentenced whether a trafficker was convicted? inappropriately detain or imprison members of organized crime groups that Could adult victims leave shelters at identified trafficking victims? Does the are involved in trafficking? will? Could victims seek employment government punish, penalize, or detain 13. Did government officials engage and work while receiving assistance? trafficking victims for unlawful acts in, support, or otherwise facilitate the 19. Do service providers and law committed as a result of being subjected unlawful recruitment and use of enforcement work together to trafficking, such as forgery of children in armed forces or security cooperatively, for instance to share documents, illegal immigration, forces? [NOTE: This can include combat information about trafficking trends or unauthorized employment, prostitution, roles as well as support roles, but please to plan for services after a raid? What is theft, or drug production or transport? be specific in this regard if possible.] the level of cooperation, Does law enforcement screen for Did any government-supported communication, and trust between trafficking victims when arresting organizations or armed groups engage in service providers and law enforcement? individuals in prostitution? the unlawful recruitment and use of 20. Were there means by which 25. What efforts has the government children in such roles? victims could obtain restitution from the made to prevent human trafficking? Are 14. Please provide observations government or file civil suits against there laws prohibiting employers or regarding government efforts to address traffickers for restitution, and did this labor agents from confiscating workers’ the issue of unlawful child soldiering. happen in practice? Did prosecutors passports or travel documents, Describe the government’s efforts to request restitution in all cases where it switching contracts without the disarm and demobilize child soldiers, to was required? workers’ consent, or withholding reintegrate former child soldiers, and to 21. How did the government payment of salaries as a means of monitor the wellbeing of such children encourage victims to assist in the keeping workers in a state of compelled after reintegration. investigation and prosecution of service? Are these laws implemented to 15. Did the government make a trafficking? How did the government hold violators accountable and/or are coordinated, proactive effort to identify protect victims during the trial process? such crimes investigated by law victims of all forms of trafficking? Did If a victim was a material witness in a enforcement as potential indicators of officials effectively coordinate among court case, was the victim permitted to trafficking? one another and with relevant obtain employment, move freely about 26. Do authorities conduct criminal nongovernmental organizations to refer the country, or leave the country investigations when indicators of victims to care? Is there any screening pending trial proceedings? How did the trafficking are identified in the context conducted before deportation or when government work to ensure victims of labor inspections? detaining migrants, including were not re-traumatized during 27. Does the government operate a unaccompanied minors, to determine participation in trial proceedings? Can hotline for potential victims? If so, how whether individuals were subjected to victims provide testimony via video or many calls did the hotline receive? trafficking? Were such individuals written statements? Were victims’ What are the hours of operation? What referred for protections services? Does identities kept confidential as part of languages are spoken? How many the government also partner with such proceedings? victims were identified as a result of nongovernmental organizations to 22. Did the government provide, calls to the hotline? Were any conduct screenings? What happens if a through a formal policy or otherwise, investigations initiated as a result of potential case of human trafficking is temporary or permanent residency calls to the hotline? identified? status, or other relief from deportation, 28. Has the government entered into 16. What victim services are provided for foreign victims of human trafficking effective bilateral, multilateral, or (legal, medical, food, shelter, who may face retribution or hardship in regional information-sharing and interpretation, mental health care, the countries to which they would be cooperation arrangements that have

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resulted in concrete and measureable that had an impact, positive or negative, MARAD–2018–0178 by any of the outcomes? on forced labor or sex trafficking or following methods: 29. Did the government provide vulnerabilities to such crimes? Please • On-line via the Federal Electronic assistance to other governments in describe how this has impacted anti- Portal: http://www.regulations.gov. combating trafficking in persons trafficking efforts. Search using ‘‘MARAD–2018–0178’’ through trainings or other assistance 35. Please provide additional and follow the instructions for programs? information and/or recommendations to submitting comments. 30. Does the government have improve the government’s anti- • Mail/Hand-Delivery/Courier: effective policies or laws regulating trafficking efforts. Docket Management Facility; U.S. foreign labor recruitment, including the 36. Please highlight effective Department of Transportation, 1200 activities of recruitment agencies and strategies and practices that other New Jersey Avenue SE, Room W12–140, individual recruiters, both licensed and governments could consider adopting. Washington, DC 20590. Submit unlicensed? What efforts did the comments in an unbound format, no government make to punish labor Joel F. Maybury, larger than 81⁄2 by 11 inches, suitable for recruiters or brokers involved in the Deputy Director, Office to Monitor and copying and electronic filing. recruitment of workers through Combat Trafficking in Persons, Department knowingly fraudulent offers of of State. Reference Materials and Docket employment (including misrepresenting [FR Doc. 2018–26617 Filed 12–7–18; 8:45 am] Information: You may view the wages, working conditions, location, or BILLING CODE 4710–17–P complete application, including the nature of the job), charging workers of aquaculture support technical service excessive fees for migration or job requirements, and all public comments at the DOT Docket on-line via http:// placement, retention of identity DEPARTMENT OF TRANSPORTATION documents with an aim to control job www.regulations.gov. Search using seekers, or recruitment of workers in Maritime Administration ‘‘MARAD–2018–0178.’’ All comments hazardous or unsafe work? What steps received will be posted without change did the government take to minimize [Docket Number MARAD–2018–0178] to the docket, including any personal the trafficking risks faced by migrant information provided. The Docket workers departing from or arriving in Waiver Request for Aquaculture Management Facility is open 9:00 a.m. the country and to raise awareness Support Operations for the 2019 to 5:00 p.m., Monday through Friday, among potential labor migrants about Calendar Year: COLBY PERCE, RONJA except on Federal holidays. CARRIER, SADIE JANE, MISS the risks of human trafficking, legal FOR FURTHER INFORMATION CONTACT: limits on recruitment fees, or their rights MILDRED 1 Bianca Carr, U.S. Department of while abroad? What agreements does AGENCY: Maritime Administration, DOT. Transportation, Maritime the government have with either ACTION: Administration, 1200 New Jersey sending or receiving countries of Notice and request for comments. Avenue SE, Room W23–453, migrant labor regarding safe and Washington, DC 20590. Telephone 202– responsible recruitment? Are domestic SUMMARY: Pursuant to a delegation of 366–9309, Email [email protected]. workers (both nationals of the country authority from the Secretary of If you have questions on viewing the and foreigners) protected under existing Transportation, the Maritime Docket, call Docket Operations, labor laws? Administrator is authorized to issue telephone: (800) 647–5527. 31. What measures has the waivers allowing documented vessels SUPPLEMENTARY INFORMATION: As a result government taken to reduce the with registry endorsements or foreign participation by nationals of the country of the enactment of the Coast Guard flag vessels to be used in operations that Authorization Act of 2010, codified at in international and domestic child sex treat aquaculture fish or protect tourism? If any of the country’s 46 U.S.C. 12102, the Secretary of aquaculture fish from disease, parasitic Transportation has the discretionary nationals are perpetrators of child sex infestation, or other threats to their tourism, do the country’s child sexual authority to issue waivers allowing health when suitable vessels of the documented vessels with registry abuse laws allow the prosecution of United States are not available that suspected sex tourists for crimes endorsements or foreign flag vessels to could perform those services. A request be used in operations that treat committed abroad? for such a waiver has been received by 32. What measures did the aquaculture fish for or protect the Maritime Administration (MARAD). aquaculture fish from disease, parasitic government take to establish the This notice is being published to solicit identity of local populations, including infestation, or other threats to their comments intended to assist MARAD in health when suitable vessels of the birth registration and issuance of determining whether suitable vessels of documentation, citizenship, and United States are not available that the United States are available that could perform those services. The nationality? could perform the required services. If 33. Did the government fund any anti- Secretary has delegated this authority to no suitable U.S.-flag vessels are trafficking information, education, or the Maritime Administrator. Pursuant to available, the Maritime Administrator awareness campaigns? Were these this authority, MARAD is providing may issue a waiver in accordance with campaigns targeting potential trafficking notice of the service requirements USCG regulations on Aquaculture at 46 victims and/or the demand for proposed by Cooke Aquaculture (Cooke) CFR part 106. A brief description of the commercial sex or goods produced with in order to make a U.S.-flag vessel proposed aquaculture support service is forced labor? Does the government availability determination. Specifics can listed in the SUPPLEMENTARY provide financial support to be found in Cooke’s application letter INFORMATION section below. nongovernment organizations working posted in the docket. to promote public awareness? DATES: Submit comments on or before To comply with USCG Aquaculture 34. Were there government policies, January 9, 2019. Support regulations at 46 CFR part 106, regulations, and agreements relating to ADDRESSES: You may submit comments Cooke is seeking a MARAD Aquaculture migration, labor, trade, and investment identified by DOT Docket Number Waiver to operate the vessels, COLBY

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PERCE, RONJA CARRIER, SADIE JANE, By Order of the Maritime Administrator. generate capital gain or loss or which and the MISS MILDRED 1 as follows: T. Mitchell Hudson, Jr., are hedges of other transactions. This regulation provides guidance on making Intended Commercial Use of Vessel: ‘‘to Secretary, Maritime Administration. the elections and complying with the use highly-specialized foreign-flag [FR Doc. 2018–26589 Filed 12–7–18; 8:45 am] identification rules. vessels referred to as a ‘‘wellboat’’ (or BILLING CODE 4910–81–P ‘‘live fish carrier’’) to treat Cooke’s Current Actions: There are no changes swimming inventory of farmed to the previously approved burden of Atlantic salmon in the company’s DEPARTMENT OF THE TREASURY this existing collection. salt-water grow-out pens off Maine’s Type of Review: Extension of a North Atlantic Coast. This treatment Internal Revenue Service currently approved collection. prevents against parasitic infestation Affected Public: Individuals or Proposed Collection; Comment by sea lice that is highly destructive households and business or other for- Request for Regulation Project to the salmon’s health.’’ profit organizations. Geographic Region: ‘‘off Maine’s North AGENCY: Internal Revenue Service (IRS), Estimated Number of Respondents: Atlantic Coast’’ Treasury. 5,000. ACTION: Notice and request for Estimated Time per Respondent: 40 Requested Time Period: ‘‘2019 calendar min. year, from January 1, 2019 to comments. Estimated Total Annual Burden December 31, 2019’’ SUMMARY: The Internal Revenue Service, Hours: 3,333. Interested parties may submit as part of its continuing effort to reduce The following paragraph applies to all comments providing detailed paperwork and respondent burden, of the collections of information covered information relating to the availability invites the general public and other by this notice. of U.S.-flag vessels to perform the Federal agencies to take this An agency may not conduct or required aquaculture support services. If opportunity to comment on proposed sponsor, and a person is not required to MARAD determines, in accordance with and/or continuing information respond to, a collection of information 46 U.S.C. 12102(d)(1) and MARAD’s collections, as required by the unless the collection of information regulations at 46 CFR part 388, that Paperwork Reduction Act of 1995. displays a valid OMB control number. suitable U.S.-flag vessels are available to Currently, the IRS is soliciting Books or records relating to a collection perform the required services, a waiver comments concerning taxation of gain of information must be retained as long will not be granted. Comments should or loss from certain nonfunctional as their contents may become material refer to the docket number of this notice currency transactions. in the administration of any internal and the vessel name in order for DATES: Written comments should be revenue law. Generally, tax returns and MARAD to properly consider the received on or before February 8, 2019 tax return information are confidential, comments. Comments should also state to be assured of consideration. as required by 26 U.S.C. 6103. the commenter’s interest in the waiver ADDRESSES: Direct all written comments Request for Comments: Comments application, and address the waiver to Laurie Brimmer, Internal Revenue submitted in response to this notice will criteria set forth in 46 CFR 388.4. Service, Room 6526, 1111 Constitution be summarized and/or included in the Avenue NW, Washington, DC 20224. Privacy Act request for OMB approval. All FOR FURTHER INFORMATION CONTACT: comments will become a matter of In accordance with 5 U.S.C. 553(c), Requests for additional information or public record. Comments are invited on: MARAD solicits comments from the copies of the regulation should be (a) Whether the collection of public to inform its process to directed to LaNita Van Dyke, at (202) information is necessary for the proper determine the availability of suitable 317–6009, at Internal Revenue Service, performance of the functions of the vessels. DOT posts these comments, Room 6526, 1111 Constitution Avenue agency, including whether the without edit, to www.regulations.gov, as NW, Washington, DC 20224, or through information shall have practical utility; described in the system of records the internet at [email protected]. (b) the accuracy of the agency’s estimate notice, DOT/ALL–14 FDMS, accessible SUPPLEMENTARY INFORMATION: Currently, of the burden of the collection of through www.dot.gov/privacy. In order the IRS is seeking comments concerning information; (c) ways to enhance the to facilitate comment tracking and the following information collection quality, utility, and clarity of the response, we encourage commenters to tools, reporting, and record-keeping information to be collected; (d) ways to provide their name, or the name of their requirements. minimize the burden of the collection of organization; however, submission of Title: Taxation of Gain or Loss from information on respondents, including names is completely optional. Whether Certain Nonfunctional Currency through the use of automated collection or not commenters identify themselves, Transactions (Section 988 Transactions). techniques or other forms of information all timely comments will be fully OMB Number: 1545–1131. technology; and (e) estimates of capital considered. If you wish to provide Regulation: TD 8400. or start-up costs and costs of operation, comments containing proprietary or Abstract: Internal Revenue Code maintenance, and purchase of services confidential information, please contact sections 988(c)(1)(D) and (E) allow to provide information. taxpayers to make elections concerning the agency for alternate submission Approved: November 26, 2018. instructions. the taxation of exchange gain or loss on certain foreign currency denominated Laurie Brimmer, Authority: 49 CFR 1.93(w). transactions. In addition, Code sections Senior Tax Analyst. * * * * * 988(a)(1)(B) and 988(d) require [FR Doc. 2018–26625 Filed 12–7–18; 8:45 am] Dated: December 3, 2018. taxpayers to identify transactions which BILLING CODE 4830–01–P

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Reader Aids Federal Register Vol. 83, No. 236 Monday, December 10, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 97...... 62703, 62705 Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 Proclamations: 39 ...... 62736, 62738, 62741, The United States Government Manual 741–6000 9828...... 62683 63444 9829...... 62685 Other Services 71...... 63447, 63449 9830...... 63039 Electronic and on-line services (voice) 741–6020 Executive Orders: 16 CFR Privacy Act Compilation 741–6050 13852...... 62687 1210...... 62241 Administrative Orders: 17 CFR ELECTRONIC RESEARCH Memorandums: Memorandum of 239...... 62454 World Wide Web November 5, 2018 ...... 62679 274...... 62454 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 5 CFR 160...... 63450 is located at: www.govinfo.gov. 211...... 63041 Federal Register information and research tools, including Public 531...... 63042 18 CFR Inspection List and electronic text are located at: 284...... 62242 www.federalregister.gov. 7 CFR 20 CFR 12...... 63046 E-mail 457...... 63383 401...... 63415 FEDREGTOC (Daily Federal Register Table of Contents Electronic 927...... 62449 404...... 62455 Mailing List) is an open e-mail service that provides subscribers 411...... 62455 with a digital form of the Federal Register Table of Contents. The 8 CFR 416...... 62455 digital form of the Federal Register Table of Contents includes Proposed Rules: Proposed Rules: HTML and PDF links to the full text of each document. 214...... 62406 655...... 63430, 63456 To join or leave, go to https://public.govdelivery.com/accounts/ 9 CFR 21 CFR USGPOOFR/subscriber/new, enter your email address, then Proposed Rules: follow the instructions to join, leave, or manage your 317...... 63052 860...... 63127 subscription. 381...... 63052 PENS (Public Law Electronic Notification Service) is an e-mail 11 CFR 24 CFR service that notifies subscribers of recently enacted laws. Proposed Rules: Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 100...... 62282 51...... 63457 and select Join or leave the list (or change settings); then follow 112...... 62283 26 CFR the instructions. 12 CFR Proposed Rules: FEDREGTOC and PENS are mailing lists only. We cannot 1...... 63200 respond to specific inquiries. 1271...... 63054 Reference questions. Send questions and comments about the Proposed Rules: 27 CFR Federal Register system to: [email protected] 34...... 63110 9...... 62707 225...... 63110 The Federal Register staff cannot interpret specific documents or Proposed Rules: 229...... 63431 9...... 62743, 62750 regulations. 323...... 63110 1030...... 63431 32 CFR FEDERAL REGISTER PAGES AND DATE, DECEMBER 13 CFR 701...... 62249 62241–62448...... 3 Proposed Rules: 33 CFR 62449–62688...... 4 121...... 62516 100...... 62249 62689–63040...... 6 124...... 62516 117...... 62250 63041–63382...... 7 125...... 62516 165 ...... 62251, 62253, 62256, 63383–63558...... 10 126...... 62516 62258, 62259, 62710, 63059, 127...... 62516 63416 129...... 62516 37 CFR 14 CFR 6...... 62711 25...... 62689 201...... 63061 39 ...... 62690, 62694, 62697, 203...... 63061 62701, 63389, 63392, 63394, 210...... 63061 63397, 63400 380...... 63418 71 ...... 62451, 62453, 63402, 387...... 62714 63403, 63405, 63406, 63407, 63409 40 CFR 91...... 63410 9...... 62463, 63066

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16...... 62716 721...... 63460 48 CFR 49 CFR 51...... 62998 212...... 62498 270...... 63106 52 ...... 62262, 62464, 62466, 42 CFR 217...... 62501, 62502 383...... 62503 62468, 62470, 62719, 62720 Proposed Rules: 384...... 62503 68...... 62268 405...... 62778 225...... 62498 390...... 62505 81...... 62269 423...... 62778 252...... 62498, 62502 180 ...... 62475, 62479, 62486, Proposed Rules: 62489, 62724, 62730 44 CFR 19...... 62540 50 CFR 300...... 63067, 63068 64...... 62494 52...... 62540 300...... 62732 721...... 62463, 63066 45 CFR 208...... 62550 622...... 62508, 62735 Proposed Rules: 212...... 62550 153...... 63419 635...... 62512 9...... 63460 213...... 62550 16...... 62757 156...... 62496 660...... 62269 215...... 62550 26...... 62760 665...... 63428 52 ...... 62532, 62771, 62774 47 CFR 216...... 62550 679...... 62514 55...... 62283 0...... 63073 217...... 62550 Proposed Rules: 147...... 62536 1...... 63076 219...... 62554 17...... 62778 271...... 63461 20...... 63098 234...... 62550 622...... 62555 300...... 63146 96...... 63076 237...... 62550 679...... 62794, 62815

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H.R. 2979/P.L. 115–285 as the ‘‘Spc. Sterling William H.R. 5935/P.L. 115–296 Wyatt Post Office Building’’. To designate the facility of the To designate the facility of the LIST OF PUBLIC LAWS (Dec. 6, 2018; 132 Stat. 4374) United States Postal Service United States Postal Service This is a continuing list of located at 390 West 5th H.R. 5349/P.L. 115–291 located at 1355 North public bills from the current Street in San Bernardino, To designate the facility of the Meridian Road in Harristown, session of Congress which California, as the ‘‘Jack H. United States Postal Service Illinois, as the ‘‘Logan S. have become Federal laws. Brown Post Office Building’’. located at 1325 Autumn Palmer Post Office’’. (Dec. 6, This list is also available (Dec. 6, 2018; 132 Stat. 4369) Avenue in Memphis, 2018; 132 Stat. 4380) online at http:// H.R. 3230/P.L. 115–286 Tennessee, as the ‘‘Judge www.archives.gov/federal- To designate the facility of the Russell B. Sugarmon Post H.R. 6116/P.L. 115–297 register/laws. United States Postal Service Office Building’’. (Dec. 6, To designate the facility of the located at 915 Center Avenue 2018; 132 Stat. 4375) The text of laws is not United States Postal Service in Payette, Idaho, as the published in the Federal H.R. 5504/P.L. 115–292 located at 362 North Ross ‘‘Harmon Killebrew Post Office Register but may be ordered To designate the facility of the Street in Beaverton, Michigan, Building’’. (Dec. 6, 2018; 132 in ‘‘slip law’’ (individual United States Postal Service as the ‘‘Colonel Alfred Asch Stat. 4370) pamphlet) form from the located at 4801 West Van Post Office’’. (Dec. 6, 2018; Superintendent of Documents, H.R. 4890/P.L. 115–287 Giesen Street in West 132 Stat. 4381) To designate the facility of the Richland, Washington, as the U.S. Government Publishing H.J. Res. 143/P.L. 115–298 Office, Washington, DC 20402 United States Postal Service ‘‘Sergeant Dietrich Schmieman (phone, 202–512–1808). The located at 9801 Apollo Drive Post Office Building’’. (Dec. 6, Making further continuing text will also be made in Upper Marlboro, Maryland, 2018; 132 Stat. 4376) appropriations for fiscal year available on the Internet from as the ‘‘Wayne K. Curry Post H.R. 5737/P.L. 115–293 2019, and for other purposes. GPO’s Federal Digital System Office Building’’. (Dec. 6, To designate the facility of the (Dec. 7, 2018; 132 Stat. 4382) (FDsys) at http://www.gpo.gov/ 2018; 132 Stat. 4371) United States Postal Service Last List December 7, 2018 fdsys. Some laws may not yet H.R. 4913/P.L. 115–288 located at 108 West D Street be available. To designate the facility of the in Alpha, Illinois, as the S. 140/P.L. 115–282 United States Postal Service ‘‘Captain Joshua E. Steele Frank LoBiondo Coast Guard located at 816 East Salisbury Post Office’’. (Dec. 6, 2018; Public Laws Electronic Authorization Act of 2018 Parkway in Salisbury, 132 Stat. 4377) Notification Service (Dec. 4, 2018; 132 Stat. 4192) Maryland, as the ‘‘Sgt. Maj. H.R. 5784/P.L. 115–294 (PENS) Wardell B. Turner Post Office H.R. 606/P.L. 115–283 To designate the facility of the Building’’. (Dec. 6, 2018; 132 United States Postal Service To designate the facility of the Stat. 4372) United States Postal Service located at 2650 North Doctor H.R. 4946/P.L. 115–289 PENS is a free electronic mail located at 1025 Nevin Avenue Martin Luther King Jr. Drive in notification service of newly in Richmond, California, as To designate the facility of the Milwaukee, Wisconsin, shall enacted public laws. To the ‘‘Harold D. McCraw, Sr., United States Postal Service be known and designated as subscribe, go to http:// Post Office Building’’. (Dec. 6, located at 1075 North Tustin the ‘‘Vel R. Phillips Post listserv.gsa.gov/archives/ 2018; 132 Stat. 4367) Street in Orange, California, Office Building’’. (Dec. 6, publaws-l.html H.R. 1209/P.L. 115–284 as the ‘‘Specialist Trevor A. 2018; 132 Stat. 4378) To designate the facility of the Win’E Post Office’’. (Dec. 6, H.R. 5868/P.L. 115–295 Note: This service is strictly United States Postal Service 2018; 132 Stat. 4373) To designate the facility of the for E-mail notification of new located at 901 N. Francisco H.R. 4960/P.L. 115–290 United States Postal Service laws. The text of laws is not Avenue, Mission, Texas, as To designate the facility of the located at 530 Claremont available through this service. the ‘‘Mission Veterans Post United States Postal Service Avenue in Ashland, Ohio, as PENS cannot respond to Office Building’’. (Dec. 6, located at 511 East Walnut the ‘‘Bill Harris Post Office’’. specific inquiries sent to this 2018; 132 Stat. 4368) Street in Columbia, Missouri, (Dec. 6, 2018; 132 Stat. 4379) address.

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